Miamisburg City Zoning Code
CHAPTER 1294
Site Plan Review
1294.01 FINDINGS; APPLICATION OF CHAPTER.
Certain land uses are quite necessary to the proper development of a community, but likewise possess characteristics which warrant special treatment. These characteristics, in many situations, can easily become undesirable to some degree because their intrinsic needs and/or appearance has a wide-ranging influence beyond their own perimeter. In conformance with the purpose of this Zoning Code, it is hereby deemed prudent and necessary to apply limits and guidelines which will both encourage good development and discourage undesirable effects on surrounding development. The requirements of Chapter 1296 shall also apply to the following requirements, as applicable.
(Ord. 2712. Passed 8-1-78; Ord. 6830. Passed 1-21-20.)
1294.02 SITE PLAN REQUIRED.
In accordance with the provisions of this chapter, the Planning Commission shall be furnished a site plan by the applicant, for a proposed development, in the following circumstances:
(a) When requesting a special use under any zoning district.
(b) When requesting a building permit for a new development in a zoning district which requires site plan review.
(c) When increasing the size, capacity or intensity of a use.
(d) When changing the character of an existing development as it pertains to those items listed in Section 1294.03.
(e) When requesting a Campus Master Sign Plan.
(Ord. 3731. Passed 2-4-86; Ord. 6830. Passed 1-21-20; Ord. 7005. Passed 2-21- 23.)
1294.03 SITE PLAN REQUIREMENTS.
Each site plan submitted shall contain the following information, at a level of detail which permits the complete understanding of the proposed development. The requirements listed under this section may be waived in whole or part by the Planning Commission. Plans shall comply with the plans adopted by the City.
(a) The name and firm address of the professional individual responsible for preparation of the site plan, including an imprint of his or her professional seal.
(b) The name and address of the property owner or petitioner.
(c) The date, a north arrow and a scale. The scale shall be not less than one-inch equals twenty feet for property under three acres, nor less than one-inch equals 100 feet for property of three acres or more.
(d) All lot and/or property lines, which shall be shown and dimensioned.
(e) The approximate topography, in two-foot contours.
(f) The existing use or uses of the property and an outline of any existing buildings or improvements, wooded areas and any significant natural features (water bodies, wetlands, streams, rock outcroppings, etc.) located upon the site.
(g) Proposals for connection to an existing water supply, including fire hydrant location, sprinkler connections, sanitary sewerage systems and provisions for collecting and discharging surface water drainage.
(h) The location and dimensions of all proposed drives, service and access roads, fire lanes, sidewalks, curb openings, signs, exterior lighting, parking lot areas (show dimensions of a typical parking space), unloading areas, walls, fences and landscaping.
(i) Proposed land uses and proposed height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. In this regard, typical elevation views of the front, side and rear of each type of building should be provided. Proposals containing residential units shall specify the number of housing units by size, type and respective location upon the site.
(j) Any other information which is necessary to provide a complete understanding of the development.
(Ord. 3731. Passed 2-4-86; Ord. 6830. Passed 1-21-20.)
1294.04 SUBMITTAL AND REVIEW.
(a) Time of Submittal. Four copies of the site plan plus an electronic version, including any required additional or related information, shall be presented to the City Planner by the applicant or his or her designated agent at least thirty days prior to the scheduled meeting of the Planning Commission at which the site plan is to be reviewed. (Ord. 2712. Passed 8-1-78.)
(b) Action by Planning Commission. When a development is proposed which requires site plan approval (as set forth in Section 1294.02), the applicant shall submit a site plan of the proposed development thirty days prior to the Planning Commission meeting at which it is to be reviewed. Within thirty days after such review, the Commission shall evaluate the specific details of the site plan and approve, disapprove, or approve with modifications, the subject site plan. This determination shall be made in accordance with this section, Section 1294.03 and the purpose of this Zoning Code. (Ord. 3731. Passed 2-4-86.)
(c) Plat Requirements. In those instances in which the proposed development calls for review under the Subdivision Regulations of the City, pursuant to R.C. Chapter 711, the applicant shall, after site plan approval, submit the necessary items for preliminary and final plat review as called for within the Subdivision Regulations. Such plat plans shall conform with the approved site plan.
(d) Special Use Requirements.
(1) The Planning Commission shall establish beyond reasonable doubt that all site plan requirements shall be satisfied by the establishment and operation of the proposed special use.
(2) The Planning Commission may also impose such additional requirements and guarantees as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Zoning Code will be served.
(e) Special Use Standards. The Planning Commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence that such use on the proposed location:
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan and/or this Zoning Code.
(3) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, heat or odors.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(Ord. 2712. Passed 8-1-78; Ord. 6830. Passed 1-21-20.)
1294.05 REVOCATION OF SPECIAL USE PERMIT.
When the construction of a building or creation of a use is found to be in nonconformance with the approved site plan, the Planning Commission may fully and finally revoke, by official action, its original approval, by giving the owner evidence in writing of such action, which shall become effective ten days following the original notice of such impending action being properly communicated to the owner. The owner may remedy the violation during this ten-day period, at which time he or she shall so notify the Planning Commission, which may then, by official action, defer revocation. Should such violation continue beyond the ten-day period, it shall be deemed a violation of this Zoning Code and punishable as specified in Section 1232.99.
(Ord. 2712. Passed 8-1-78; Ord. 6830. Passed 1-21-20.)
1294.06 EXPIRATION OF SPECIAL USE PERMITS AND SITE PLAN REVIEW APPROVALS.
(a) Special Use Permits. A special use permit shall be deemed to authorize only one particular special use and said permit shall automatically expire if, for any reason, the special use shall cease for more than twelve months. Such permit shall also expire if development is not begun within twelve months of the issuance of the permit.
(b) Site Plan Review Approvals. Following the approval of a site plan review application by the Planning Commission via the site plan review process, such an approval shall expire if development (including the application and approval of building permits) is not begun within twelve months of the approval. If building permits are applied for and approved and no work commences or work ceases long enough for said permits to expire, this shall be deemed an expiration of the site plan approval. If a use approved through the site plan review process ceases for twelve months or more, said approval shall also expire.
(Ord. 2712. Passed 8-1-78; Ord. 6830. Passed 1-21-20.)
1294.07 REAPPLICATION.
An application for a special use permit or site plan review which has been denied wholly or in part by the Planning Commission shall not be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
(Ord. 2712. Passed 8-1-78; Ord. 6830. Passed 1-21-20.)