(a)   (1)   In order to administer the provisions of this Zoning Code and to evaluate development plans in the interest of the public health, safety and general welfare, this chapter shall apply to new property development and any collective substantial expansion of existing structures except for individual single-family dwellings and two-family dwellings (duplexes). Substantial expansion of existing structures shall be defined based on the criteria established below:

 

 

         A.   On any parking lot development plan application, the Building Commissioner may elect to refer the application to the Planning Commission for consideration and decision-making authority.

   (b)   Furthermore, no building shall be erected or structurally altered on any lot or parcel in cases where a development plan review is required as set forth in this Zoning Code, except in accordance with the regulations of this section and all other applicable sections within this Zoning Code and an approved development plan.

   (c)   Submission and approval of a preliminary and final development plan is required before a building permit may be issued. Formal submission and approval of a development plan includes following the review procedures and submission requirements set forth in this chapter.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

      (1)   An applicant for development plan approval shall file twelve copies of the preliminary development plan with the Building Commissioner along with other required application documents and an application fee.

      (2)   For projects also requiring conditional use approval, the procedure established in Chapter 1143 shall be followed. The Planning Commission may concurrently address the issue of preliminary development plan approval and conditional use approval.

      (1)   Four full size copies of the preliminary development plan shall be prepared at a scale of one inch equals twenty feet. Developments containing more than five acres may be drawn at a scale of one inch equals fifty feet. Drawings shall be made on standard 24-inch x 36-inch sheets with continuation on 8½-inch x 11-inch sheets as necessary for narrative.

      (2)   Twelve copies of the preliminary development plan shall also be submitted on 11-inch x17-inch format. A preliminary development plan shall, at a minimum, include all data, details, and supporting information as outlined in this chapter and other applicable Zoning Code chapters.

      (3)   One digital copy of the preliminary development plan set and any other submittal materials in PDF file format submitted on a portable USB thumb drive.

       (1)   Name of the project, boundaries, and location maps showing the site’s location in the City, date, north arrow, and scale of the plan.

      (2)   Name, mailing address, telephone number and email address of the owner of record andapplicant. Provide the seal and signature of an Ohio licensed civil engineer who prepared the preliminary development plan.

      (3)   Names and addresses of all owners of record of abutting parcels and those within 200 feet of the property line.

      (4)   A brief description of the proposed use of the site shall be included with an estimate of the number of employees.

      (5)   Indicate the existing land use and current zoning classification of all abutting parcels.

      (6)   All existing lot lines, easements, and rights-of-way. Include area of subject parcel to be developed in both acres and square feet.

      (7)   The location and use of all existing and proposed buildings and structures within the development including building and other structure footprints, overhangs, site coverage, building-ground contact, and area.

      (8)   All dimensions of height and floor area and showing all exterior entrances.

      (9)   Illustrations of internal traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences.

      (10)   A Traffic Impact Study, if required by the Planning Commission.

      (11)   Illustrated drawings identifying the location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. A photometric analysis of the proposed development site shall be submitted as part of the preliminary development plan application to determine conformance with the illumination standards set forth in Section 1147.07. Applicant shall provide a lighting operations plan detailing the light usage proposed including hours of light operation, intensity and any other operational lighting detail. The lighting operations plan must be approved by the Planning Commission.

      (12)   Footprint locations of all proposed ground mounted or free-standing signage.

      (13)   The location and sizing of all present and proposed utility systems, including sewage systems, water supply system, telephone, cable and electrical systems, storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.

      (15)   Existing and proposed topography at a two foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Benchmark. If any portion of the parcel is within the 100-year floodplain, the area will be shown and base flood elevations given.

      (16)   A conceptual landscape plan, prepared by a landscape architect registered in the State of Ohio, showing all existing natural land features, trees, forest cover and water resources, and all proposed changes to these features including size and type of plant materialExisting and proposed water resources shall include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas. The applicable landscaping plan contents and regulations found in Chapter 1151 shall apply.

      (17)   For new construction or alterations to any existing building, a table containing the following information must be included:

         A.   Area of building to be used for a particular land use such as retail operation, office, storage, and the like, and maximum number of employees;

         B.   Maximum seating capacity, where applicable;

         C.   Number of parking spaces existing and required for the intended use; and

         D.   Development standards to include: All required and proposed yard setback amounts, proposed building lot coverage percentage, proposed total non-impervious surface lot coverage percentage.

      (18)   Provide a full color sample board of all proposed exterior building materials and exterior color selections.

      (19)   Other such relevant information as the City may require to adequately review the proposed development.

      (1)   The preliminary development plan shall be submitted to the Building Commissioner. After reviewing an application for preliminary development plan approval for completeness and determining that the application and preliminary development plan is complete, the Building Commissioner shall transmit copies of the preliminary development plan to the Planning Commission and other City Staff members or consultants for their review and comment.

      (2)   If all required information is not provided, the Building Commissioner shall promptly notify the applicant in writing of the items needed and no further action will be taken on the preliminary development plan application until a completed application is submitted to the City.

      (3)   If the Planning Commission finds that based upon reports of the City’s Engineer, Service Director, Architect and Building Commissioner and its own review that the preliminary development plan meets all of the applicable requirements of this Zoning Code, it shall approve the preliminary development plan, with or without recommended plan conditions or plan modifications to be satisfied on the final development plan drawing. If the Planning Commission denies a preliminary development plan for lack of compliance with the applicable standards within this Zoning Code, the applicant must resubmit a revised preliminary development plan addressing the plan deficiencies.

      (4)   Upon receiving a preliminary development plan approval, the applicant may submit a completed final development plan to the Planning Commission for review and consideration. And submit the plan for review and consideration.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2023-78. Passed 12-12-23.)

      (1)   Four copies of the final development plan shall be prepared at a scale of one inch equals twenty feet. Developments containing more than five acres may be drawn at a scale of one inch equals fifty feet. Drawings shall be made on standard 24-inch x 36-inch sheets with continuation on 8½-inch x 11-inch sheets as necessary for narrative.

      (2)   Twelve copies of the final development plan shall also be submitted on 11-inch x 17-inch format. A final development plan shall, at a minimum, include all data, details, and supporting information as outlined in this Chapter and other applicable Zoning Code chapters.

      (3)   One digital copy of the final development plan set and any other submittal materials in PDF file format submitted on a portable USB thumb drive.

      (1)   Name of the project, boundaries, and location maps showing the site’s location in the City, date, north arrow, and scale of the plan.

      (2)   Name, mailing address, telephone number and email address of the owner of record and applicant. Provide the seal and signature of an Ohio licensed civil engineer who prepared the final development plan.

      (3)   Names and addresses of all owners of record of abutting parcels and those within 200 feet of the property line.

      (4)   A brief description of the proposed use of the site shall be included with an estimate of the number of employees.

      (5)   Indicate the existing land use and current zoning classification of all abutting parcels.

      (6)   All existing lot lines, easements, and rights-of-way. Include area of subject parcel to be developed in both acres and square feet.

      (7)   The location and use of all existing and proposed buildings and structures within the development including building and other structure footprints, overhangs, site coverage, building-ground contact, and area.

      (8)   All dimensions of height and floor area and showing all exterior entrances.

      (9)   Illustrations of internal traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences.

      (10)   A Traffic Impact Study, if required by the Planning Commission.

        (11)   Illustrated drawings identifying the location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. A photometric analysis of the proposed development site shall be submitted as part of the development plan application to determine conformance with the illumination standards set forth in Section 1147.07.

         A.   Applicant shall provide a lighting operations plan detailing the light usage proposed including hours of light operation, intensity and any other operational lighting detail. The lighting operations plan must be approved by the Planning Commission.

      (12)   Footprint locations of all proposed ground mounted or free-standing signage.

       (13)   The location and sizing of all present and proposed utility systems, including sewage systems, water supply system, telephone, cable and electrical systems, storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.

      (15)   Existing and proposed topography at a one foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Benchmark. If any portion of the parcel is within the 100-year floodplain, the area will be shown and base flood elevations given.

      (16)   A final landscape plan prepared by a landscape architect registered in the State of Ohio showing all existing natural land features, trees, forest cover and water resources, and all proposed changes to these features including size and type of plant material. Water resources will include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas. The applicable landscaping plan contents and regulations found in Chapter 1151 shall apply.

      (17)   For new construction or alterations to any existing building, a table containing the following information must be included:

         A.   Area of building to be used for a particular land use such as retail operation, office, storage, and the like, and maximum number of employees;

         B.   Maximum seating capacity, where applicable;

         C.   Number of parking spaces existing and required for the intended use; and

         D.   Development standards to include: All required and proposed yard setback amounts, proposed building lot coverage percentage, proposed total non-impervious surface lot coverage percentage.

      (18)   Provide a full color sample board of all proposed exterior building materials and exterior color selections. The sample board shall reflect any requested changes as discussed during the preliminary development plan review.

      (19)   Other such relevant information as the City may require to adequately review the proposed development.

      (1)   The final development plan shall be submitted to the Building Commissioner. The Building Commissioner shall transmit copies of the final development plan to the Planning Commission and other City Staff members or consultants for their review and comment.

         A.   If the Planning Commission approved the preliminary development plan with conditions or modifications, the final development plan submittal to the Planning Commission shall adequately address those conditions or plan modifications as requested by the Planning Commission.

         B.   If the applicant fails to adequately address all conditions and modifications of an approved preliminary development plan, the preliminary development plan shall be deemed to be denied by the Planning Commission.

      (2)   If the Planning Commission finds that based upon reports of the City’s Engineer, Service Director, Architect and Building Commissioner, and its own review, that the final development plan meets all of the applicable requirements of this Zoning Code and has adequately address any conditions or plan modification, it shall approve the final development plan. If the Planning Commission does not approve the final development plan, the applicant may seek an administrative appeal under Section 1127.08 of this Zoning Code or re-submit a revised final development that addresses all items found to be deficient by the Planning Commission.

      (3)   If Planning Commission approves the final development plan, the applicant shall proceed with development of the site and submit a building permit application to the Building Commissioner for proposed structures on the site.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2023-78. Passed 12-12-23.)

   Preliminary and final development plans shall be reviewed by the Planning Commission in accordance with the following criteria:

(Ord. 2022-24. Passed 5-24-22.)

   (a)   All qualifying buildings, structures or parking facilities constructed under these development plan guidelines shall conform to the general site criteria and standards set forth in this section. Zoning district specific site design standards shall also be satisfied as provided in the specific zoning district Chapters in this Zoning Code. In the event of a conflict between zoning district specific site design standards and these general site design standards, the zoning district specific standards shall control.

      (1)   The property shall not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, the possibility of subsidence or the probability of flood or erosion.

      (2)   The condition of soil, ground water level, drainage, rock formations, and topography shall be such as not to create hazards to the property or to the health and safety of occupants or the public.

      (1)   The facilities shall be so designed that they can be used and maintained without encroachment upon adjoining properties.

      (2)   Utilities, including water pipelines, gas pipelines, sewage disposal, and electric power lines, shall be independent for the property without dependence upon other properties.

      (3)   Each building intended for use as a residence or place of employment shall have provisions for each of the following:

         A.   A continuing supply of safe and potable water;

         B.   Sanitary facilities and a safe method of sewage disposal;

         C.   Heating adequate for healthful and comfortable living conditions;

         D.   An adequate supply of domestic hot water;

         E.   Adequate electricity for lighting and for equipment used in the dwelling; and

         F.   Adequate provisions for the removal of garbage and trash and its sanitary storage pending removal.

      (1)   Each property shall be provided with vehicular access by an abutting public or private street. Private streets shall be created by a permanent access easement.

      (2)   The width and construction of the required internal drive and provisions for its continued maintenance, by the property owner if a private street and by the City if accepted as a public street, shall provide safe and suitable vehicular access to and from the property at all times, including appropriate access for fire-fighting equipment, trash collection, deliveries and snow removal. Dead-end internal access drives shall include adequate vehicular turning space, for public safety and maintenance vehicles as well as private vehicles.

      (3)   Each building shall provide safe and convenient pedestrian access from parking areas to the building entrances.

      (4)   Each building shall provide convenient access for service and, when necessary, for delivery of fuel.

      (5)   A safe and convenient means of access shall be provided to each dwelling unit without passing through any other dwelling unit.

      (6)   Access to buildings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic, which is safe, comfortable and convenient for occupants and the public.

      (1)   A suitable environment for occupants and the public by utilizing the potential advantages of the site, including suitable placement of the buildings and facilities in relation to the site and surrounding influences;

      (2)   A land-use intensity appropriate to the character of the site and its location in the anticipated community pattern as set forth in the City Comprehensive Plan;

      (3)   Adequate open space related to buildings and other land improvements;

      (4)   Sufficient non-vehicular public open space for use of the occupants and the public and for visual appeal;

      (5)   Conveniently located and adequate vehicle storage space;

      (6)   Elevations, and gradients appropriate for buildings, land improvements, drainage, and for safe, easy circulation for occupant use;

      (7)   Night lighting for safe and convenient use of streets, driveways, parking areas, walks, steps and other facilities;

      (8)   Planting to enhance the appearance of buildings and grounds, to screen objectionable features and to control erosion and rapid runoff of ground water;

      (9)   All elements of the development plan harmoniously and efficiently organized in relation to topography, the size and shape of the plot, the character of adjoining property, and the type and size of the buildings;

      (10)   Arrangement of buildings in favorable relation to the natural topography, existing desirable trees, views within and beyond the site, and exposure to the sun and other buildings on the site, with building arrangement appropriate for the general climatic characteristics of the region;

      (11)   Natural light and ventilation for occupants and the public;

      (12)   Grading which assures adequate surface drainage, conservation of desirable existing vegetation and natural ground forms, and which does not create a nuisance on or off the property, divert surface water onto adjacent public or private property or increase the rate of run- off of surface water onto such adjacent property, interfere with or obstruct natural drainage of water from such adjacent property, or interfere with or obstruct the public water, sanitary or storm sewer system, or interfere with or obstruct a natural watercourse (i.e., any river, creek, brook or branch, and the flood plain thereof);

      (13)   Utility poles and facilities designed in keeping with the project and properly shaded to screen the windows of habitable rooms on the site as well as all off- site premises from the direct rays of light; and

      (14)   Preservation and enhancement of the appeal and character of the site by retaining and protecting existing trees and other site features and adding new. Plant material for privacy, shade, beauty of buildings and grounds and to screen out objectionable features, which plant material shall be selected, located and spaced so as to be in scale with the composition of the buildings, the site and its various uses and surroundings, to harmonize in size, shape, color, texture and winter characteristics with the buildings and the development of the grounds, and with due consideration to its ultimate mature growth, avoiding the use of material which will become overgrown without severe trimmings.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   In order to protect property within the City to maintain the high character of community development, and to protect real estate within the City from impairment or destruction of value, it is a substantive requirement of this Zoning Code that the design, use of materials, finished grade lines and orientation of all new buildings, hereafter erected, and the moving, alteration, improvement, repair, adding to or razing in whole or in part of all existing buildings, shall be regulated according to proper architectural principles.

   (b)   Specific architectural design guidelines shall be set forth in those Zoning Code chapters containing the standards for each specific zoning district within the City.

(Ord. 2022-24. Passed 5-24-22.)

   These outdoor lighting guidelines shall apply to all new projects and qualified expansion projects subject to the development plan review process.

      (1)   Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties.

      (2)   The lighting source shall not be directly visible from adjoining properties.

      (3)   Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited.

      (4)   Non-cutoff light fixtures shall be prohibited.

      (5)   All applicable lighting standards found in Section 1137.09(j) shall be met.

      (6)   All lighting placement and details shall comply with the approved development plan.

         A.   Illuminating Engineering Society of North America (“IESNA”1 recommended illumination values should be used and provided for the design of each lighting system;

         B.   Photometric data regarding light fixture brightness control (candela curves cut through the major fixture axis and through the maximum candela axis) or any additional supporting data that may indicate how candle power is controlled by the light fixture; and

         C.   All exterior lighting shall be warm in color and not exceed 3,500 Kelvin.

      (2)   Catalog cuts or other visual representation using photos or detailed illustrations identifying the appearance, construction, and features of the light fixtures that are specified to serve the site.

      (1)   Sidewalks and parking areas shall be properly lighted to facilitate the safe movement of pedestrians and vehicles and provide a secure environment.

      (2)   In parking areas, the light intensity shall average a minimum of 0.5 foot candles.

      (3)   In pedestrian areas, the light intensity shall average a minimum of 2.0 foot candles.

      (4)   Lighting levels shall not exceed 0.5 foot-candles at any common property line with property zoned or used for residential uses. The measurement shall be taken at the property line at a height of five feet.

      (1)   A light pole base shall not exceed eight inches in height as measured from the finished grade level.

      (2)   A light pole base located in a parking lot area shall not exceed thirty-six inches in height as measured from the finished grade level.

      (3)   A light pole base shall be setback an appropriate distance from any curb to avoid conflicts with vehicles.

(Ord. 2022-24. Passed 5-24-22; Ord. 2024-88. Passed 2-25-25.)

      (1)   General standards for parking areas, circulation, and access shall be incorporated as part of the development plan as set forth in Chapter 1149. As part of the preliminary and final development plan review process, access shall be reviewed relative to the distance from other driveway approaches and from roadway intersections.

      (2)   The preferred method of providing access to parcels is to minimize or eliminate driveways by using service roads, rear access roads, or shared driveways.

      (3)   The Planning Commission may, as part of the development plan review process, require that existing driveways be moved, combined, re-aligned, or eliminated to reduce the potential for accidents.

      (1)   As part of the development plan review process, the Planning Commission may approve a development plan with a specific driveway location with the condition that an agreement be first entered into between the property owner and the City, requiring that if a service road is constructed in the future, or if the opportunity for a shared driveway should present itself with development of adjacent property, one or more approved driveways shall be closed and measurements taken to utilize such service road or shared drive.

      (2)   Conditional approval of driveways may also include restrictions on turning movements, locations, or other requirements to ensure safe and efficient traffic movement.

      (1)   When a service road is required, such improvement shall be constructed by the applicant before any occupancy or use of the parcel or structure is permitted.

      (2)   When a service road is provided, all access to an adjacent property shall use that service road and no direct access to the main thoroughfare shall be provided.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   The Planning Commission may require an Applicant to prepare a Traffic Impact Study, if recommended by the City Engineer.

   (b)   If a Traffic Impact Study is required by the Planning Commission, the study shall be prepared in the following manner, unless otherwise modified by the Planning Commission:

      (1)   A traffic impact study shall be prepared by a qualified professional civil engineer registered in the State of Ohio at the developer's expense. The traffic impact study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, and other relevant information to the site to protect the safety of the traveling public.

      (2)   The traffic impact study shall include the following elements:

         A.   A description of the site and study area.

         B.   Anticipated development of adjacent parcels.

         C.   Trip generation analysis and distribution, including a description of all assumptions used to generate findings of trip distribution.

         D.   Modal split, if applicable.

         E.   Traffic assignment resulting from the development.

         F.   Projected future traffic volumes.

         G.   An assessment of the impact that would result from driveway alternatives.

         H.   Recommendations for site access and transportation improvements needed to maintain traffic flow within and past the site at an acceptable and safe level of service.

         I.   An evaluation of the effects the proposed development will have on the level of service and roadway capacity.

         J.   Other items or data as may be requested by the City Engineer.

(Ord. 2022-24.  Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2023-78. Passed 12-12-23.)

   (a)   Property subject to development plan approval must be developed in strict compliance with the approved development plan, inclusive of any conditions or plan modifications as approved by the Planning Commission.

   (b)   If construction and development does not conform with the approved final development plan, the approval of the final development plan shall be revoked by the Building Commissioner by written notice of the revocation mailed to the owner at the address shown on the development plan application. Upon revocation of this approval, all construction activities shall cease upon the site until such time as the violation has been corrected or the Building Commissioner or City Council have, upon a completed development plan application being filed by the applicant, approved an amendment to the final development plan to coincide with the owner’s construction, or altered plans for construction to be in compliance with the criteria and conditions contained in the final development plan approval provisions and satisfying the spirit, purpose, and intent of this Zoning Code. See Section 1147.11 for final development plan amendment requirements.

   (c)   Approval of the final development plan shall be valid for a period of one year beginning from the date of Planning Commission approval. If both a building permit has not been obtained and substantial on-site construction, equal to or greater than fifty percent (50%) of project completion has not been commenced within one year, the final development plan approval shall become null and void and a new application for development plan approval shall be required and new approval obtained before any additional construction or site preparation work is commenced upon the site.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   Minor changes to an approved final development plan may be reviewed and decided by the Building Commissioner, provided such changes comply with all applicable requirements of this Zoning Code and all other federal, state, county or township laws and regulations.

      (2)   The Building Commissioner shall have the authority to request that the Planning Commission review and consider any proposed minor amendment.

      (1)   Increases in the scope or density of land use, land area, or building size;

      (2)   The addition of uses and/or buildings not authorized by the original approval;

      (3)   The rearrangement of lot lines or building locations by more than five feet;

      (4)   Changes in the character or function of access drives;

      (5)   Significant changes in the concept of the development; and

      (6)   Any other changes which the Building Commissioner refuses or fails to approve.

(Ord. 2022-24. Passed 5-24-22.)