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New Concord City Zoning Code

CHAPTER 1153

District Use Regulations and Development Standards

1153.01 S-1 OPEN SPACE AND CONSERVATION DISTRICT.

   An open space and conservation district is hereby established to protect unique natural and environmentally significant areas such as flood plains and wetlands, and to provide for the open space needs of the community. (Ord. K-5-94-2. Passed 5-9-94.)

1153.02 R-1 SUBURBAN SINGLE FAMILY RESIDENTIAL DISTRICT.

   The suburban single family residential district is hereby established to provide areas for very low density residential development to provide a quiet place for families where yards are wide, spaces open, people few, and motor vehicles restricted. To provide an atmosphere where family values, youth values and the blessings of quiet seclusions and clean air make the area a sanctuary for people and safe for children. To preserve and protect the character of single family neighborhoods in order to keep these residential protect areas free of overcrowding, disturbing noises, increased traffic, the hazard of moving and parked automobiles, to provide children quiet and open spaces for play and to promote overall quality of life within Village boundaries.
(Ord. K-5-94-2. Passed 5-9-94.)

1153.03 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT.

   The suburban single family residential district is hereby established to provide areas for medium density residential development to provide a quiet place for families where there are yards, open spaces, few people, and motor vehicles are restricted. To provide an atmosphere where family values, youth values and the blessings of quiet seclusions and clean air make the area a sanctuary for people and safe for children. To preserve and protect the character of single family neighborhoods in order to keep these residential protected areas free of overcrowding, disturbing noises, increased traffic, the hazard of moving and parked automobiles, to provide children quiet and open spaces for play and to promote overall quality of life within Village boundaries. (Ord. K-5-94-2. Passed 5-9-94.)

1153.04 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT.

   The multi-family residential district is hereby established to provide areas for higher density multi-family residential development and more intense residential uses. The objective is to provide for multi-family developments in areas best equipped to accommodate higher density developments, more vehicles and higher traffic volumes and locate them in areas with adequate access to community services and main thoroughfares, and effectively integrate them into the area and transition them into lower density neighborhoods with less intense residential uses by location and function consistent with those existing in the area.
(Ord. K-5-94-2. Passed 5-9-94.)

1153.05 O-I OFFICE-INSTITUTIONAL DISTRICT.

   The Office-Institutional district is hereby established to provide, at suitable locations, areas where university related institutional land uses and other compatible activities such as offices may be developed and re-developed. (Ord. K-94-2.)

1153.06 B-1 LOCAL BUSINESS DISTRICT.

   The local business district is hereby established to provide, at suitable locations, area where commercial development and some appropriate regional commercial business may also be developed. Except for hospitals, clinics, veterinary clinics, hotels and motels, no use shall be open for on-site customer business between midnight and 6:00 a.m.
(Ord. K-5-94-2. Passed 5-9-94.)

1153.07 B-2 CENTRAL BUSINESS DISTRICT.

   The Central Business district is hereby established to encourage appropriate and compatible commercial development in the downtown area of New Concord.
(Ord. K-5-94-2. Passed 5-9-94.)

1153.075 B-2 CENTRAL BUSINESS ARCHITECTURAL REVIEW DISTRICT.

   (a)   A B-2 Central Business Architectural Review District (“B-2 ARD”) shall be created and shall be subject to all applicable provisions and requirements of the New Concord Zoning Code.
   (b)   An area designated as B-2 ARD shall be defined as any B-2 parcel that is within the ARD.
   (c)   All permitted use regulations applicable for a B-2 District, as amended, shall be permitted in a B-2 ARD District. Additional permitted uses within a B-2 ARD District shall include bars, cocktail lounges, wine bars, wineries, microbreweries, and restaurants serving or not serving alcohol. (Ord. 2022-62. Passed 6-13-22.)

1158.08 B-3 HIGHWAY BUSINESS DISTRICT.

   The Central Business district is hereby established to encourage compatible commercial development in certain areas along major thoroughfares. (Ord. K-5-94-2. Passed 5-9-94.)

1153.09 I-1 GENERAL INDUSTRIAL DISTRICT.

   The General Industrial district is hereby established to provide suitable areas for more intensive industrial development.
(Ord. K-5-94-2. Passed 5-9-94.)

1153.10 USE REGULATIONS - S-1 THROUGH I-1.

X= Permitted Use, C= Conditional Use
Land Uses
S-1
Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Open Space Uses
Agriculture
X
X
Campground
X
Cemetery
C
C
Commercial Recreational Facility
C
Forestry
X
Mineral Extraction, Storage and Processing
C
Non-commercial Recreational Facility
X
Plant Nursery
X
Public Service Facility
X
X
X
X
X
X
X
X
X
Public Parks, Playgrounds or Playing Field
X
X
X
X
X
X
X
X
X
Recreational Vehicle Park
C
Land Uses
S-1
Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Residential Uses
Accessory Apartment
C
Bed and Breakfast
C
C
C
X
X
X
X
X
Boarding House
X
Congregate Housing
X
Dormitory
C
Dwellings, in a mixed use building
X
X
Group Home for the Handicapped
C
C
Halfway House
C
C
Manufactured Home Park
C
Multiple-Family dwellings
X
C
C
Single-family dwelling, detached
X
X
X
X
Single-family dwelling, attached
X
X
Rooming House
X
Two-family dwellings
X
Office and Institutional Uses
Banks and Other Financial Institutions- (without a drive in or drive through feature)
X
X
X
Banks and Other Financial Institutions- (with a drive in or drive through feature)
C
C
C
Churches or Places of Religious Worship
C
C
C
X
X
X
X
X
Club
C
C
C
X
X
X
X
X
College Lecture Hall, Library, Office, Dormitory
X
Commercial offices, including administrative and sales offices
X
X
X
Community Center
X
X
X
Hospital
X
X
X
Library, Museum, Art Gallery
X
X
X
X
Nursing Home
X
X
X
X
X
Professional offices and activities of a professional nature including financial services, doctors’ and dentists’ offices, etc.
X
X
X
X
X
Research Laboratory
X
X
X
School
X
 
Land Uses
S-1 Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Commercial Uses
Animal hospitals and veterinary offices where there are no outside runs or kennels
X
X
Antique Store
C
X
Amusement Arcade
C
Automobile sales and service businesses including used care lots and repair garages
C
X
Automobile repair garages
X
X
Bakery
X
X
X
Bars, cocktail lounges, wine bars, microbrewery
X
X
Bicycle Sales and Repair
X
X
X
Building material sales and contractors’ offices with outside storage and display
C
X
Building material sales and contractors’ offices if conducted wholly within an enclosed building
X
X
X
Car wash
X
X
Car wash, industrial
X
Cabinet shop conducted wholly within an enclosed buildings
X
X
X
Child Care Facility
C
C
C
C
C
X
Clothing or Apparel Store
X
X
X
Coffee shops
C
X
X
X
X
Commercial recreation businesses including bowling alleys, miniature golf courses, etc.
C
X
Convenience store (without gasoline sales)
X
X
Copy/Business Center, Print Shop or Printer
C
X
X
X
Cultural Centers and Museums
X
Dance or Music Academy
C
X
X
Entertainment Facility, Commercial
X
X
Florist
X
X
X
Fruit, Vegetable, Meat Market
X
X
Funeral Homes
C
X
X
X
X
X
Gas Stations & Convenience Store
C
X
X
 
 
 
Land Uses
S-1
Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Commercial Uses (Cont.)
Grocery Store (less than 25,000 square feet)
X
X
X
Grocery Store (25,000 square feet in size or greater) and supermarkets
X
Hardware Stores
X
X
Health Clubs
X
Hotels
C
X
X
Hotels, Extended Stay
X
X
Kennels, animal hospitals and veterinary offices
C
X
X
X
Kennels, Private
C
C
Lodges and fraternal organizations
X
X
Mobile home and travel trailer sales and service
X
X
Mobile Retail Food Establishment Court
C
Monument works having retail outlet on premises
C
X
Motels
C
X
Repair services and businesses (non-vehicular)
C
X
X
X
Restaurant, without drive- through or drive in features
X
X
X
X
Restaurants with drive- through or drive in service
X
Retail Sales of General Merchandise
X
X
X
Retail Sale of Boats or RV’s
C
X
Personal service businesses including barber shops, beauty parlors, and shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses
X
X
X
X
Pharmacy
X
X
X
Sidewalk Café
X
X
X
 
 
 
Land Uses
S-1
Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Industrial Uses
Automobile Wrecking Yard
C
Asphalt or cement mixing plant
C
Automobile, Truck or other vehicle repair garages without outdoor storage of materials or items being repaired
C
C
C
Automobile, Truck or other vehicle repair garages that involve outdoor storage of materials or items being repaired
C
X
Billboards
X
Bottling works
X
Bulk storage of petroleum products
C
Carpenter or cabinet workshop
X
Carting, express or hauling establishments
C
X
Cement or cinder block manufacture
C
Commercial dry cleaning plants
 
 
 
Land Uses
S-1 Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Industrial Uses (Cont.)
Contractors’ establishments and construction equipment dealers
C
X
Design and development of computer hardware and software, data communications, information technology, data processing, and other computer-related services
C
X
Distribution Facilities and distributors warehouses and wholesale outlets with no outdoor storage, and no processing or fabrication
C
X
Farm implement sale and storage
C
X
Industrial plants that involve the manufacturing, assembling or production of small metal products; clothing; drugs and medicines; electrical equipment; glass products; furniture; other wood products, plastic products or furnished equipment
X
Iron, steel, brass or copper foundry
X
Junkyard
X
Kennels, animal hospitals and veterinary offices
C
C
X
X
X
Kennels, Private
C
C
Life science technology and medical laboratories
X
 
 
 
Land Uses
S-1 Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Industrial Uses (Cont.)
Limited light manufacturing of small electrical components and related research & development where all processing, fabricating or assembly takes place wholly within an enclosed building
X
X
Machine shop
X
Metal stamping
X
Mineral Extraction, Storage and Processing
X
Paper manufacture
X
Plant nurseries and greenhouses
C
X
X
Pressurized Gas Storage and Distribution
C
Printing plants
X
Radio and television broadcasting stations and towers
X
Recycling Center
C
X
Research, design, engineering, testing and diagnostics services
X
X
Storage or Processing of Petroleum Products
C
Utilities, including railroad terminal facilities
C
X
Warehouses (10,000 square foot or less)
C
X
Warehouses (greater than 10,000 square feet)
X
Self-Service Storage Facility
C
X
Sexually-Oriented Business
C
Truck Terminals
C
X
 
 
 
Land Uses
S-1 Open Space & Conser.
R-1 Suburban Single Family Res.
R-2 Medium Density Res.
R-3 Multi- Family Res.
O-I Office- Institut.
B-1 Local Busi- ness
B-2 Central Business
B-3 High- way Busi- ness
I-1 General Industrial
Other Uses
Accessory Use
X
X
X
X
X
X
X
X
X
Commercial parking lots and garages
C
C
X
X
Free Standing Solar Collection Systems (less than 25,000 square feet in total area)
X
X
X
Free Standing Solar Collection Systems (more than 25,000 square feet in total area but less than 50,000 square feet in total area)
C
C
Free Standing Solar Collection Systems (more than 25,000 Sq. Ft., but less than 100,000 square feet - See Section 1161.28)
C
C
Home Occupation Class 1
X
X
X
X
X
X
X
Home Occupation Class 2
C
C
C
C
C
C
Parks, playgrounds and community buildings owned or operated by public agencies
X
X
X
X
X
X
X
X
X
Roof Mounted Solar Collection System (Accessory Use - See Section 1161.25)
X
X
X
X
X
X
X
X
X
Off-Street Parking as required by Chapter 1165
X
X
X
X
X
X
X
X
X
Outdoor Storage (subject to 1161.16)
C
C
C
C
 
(Ord. K-5-94-2. Passed 5-9-94; Ord. K-11-17-1. Passed 11-13-17; Ord. K-11-17-3. Passed 11-13-17; Ord. 2022-62. Passed 6-13-22.)

1153.11 DEVELOPMENT STANDARDS; LOTS AND PRINCIPAL BUILDINGS.

   All lots and principal buildings shall meet the following development standards(1).
Zoning District
Min. Lot Size
Min. Lot Frontage
Min. Front Yard
Min. Rear Yard
Min. Side Yard (ea.)
Max. Lot Coverage
Max. Bldg. Height
S-1 Open Space & Conservation
1 Acre
100 feet
60 feet
60 feet
25 feet
40%
45 feet
R-1 Suburban Single Family Residential District
21,780 Sq. Ft.
100 feet
60 feet
60 feet
20 feet
20%
45 feet
R-2 Medium Density Residential District
7,800 Sq. Ft.
65 feet
30 feet
30 feet
6 feet
25%
45 feet
R-3 Multi-Family Residential District
4,500 Sq. Ft.
70 feet
30 feet
30 feet
6 feet
25%
45 feet
O-I Office-Institutional District
NA
NA
30 feet
30 feet
6 feet
25%
25%
B-1 Local Business District
NA
NA
40 feet
20 feet
6 feet
35%
45 feet
B-2 Central Business District
NA
NA
0(2)
20 feet
NA
NA
45 feet
B-3 Highway Business District
NA
NA
60 feet
20 feet
20 feet
35%
60 feet
I-1 General Industrial District
NA
NA
50 feet
40 feet
20 feet
35%
45 feet
 
(1)     See Chapter 1157 for adjustments to required yard dimensions
(2)     No front yard is required and, no building may be located more than twelve feet from the right of way line.
Minimum Lot Size Illustrations
Illustration of S-1 Minimum Lot Standards
 
Illustration of R-1 Minimum Lot Standards
 
Illustration of R-2 Minimum Lot Standards
 
Illustration of R-3 Minimum Lot Standards (3-unit Building Shown)
 
(Ord. K-5-94-2. Passed 5-9-94.)

1153.12 DEVELOPMENT STANDARDS - ACCESSORY BUILDINGS.

   All accessory buildings shall meet the following development standards
Zoning District
Development Standards
S-1 Open Space & Conservation
Accessory structures must be located more than five feet from any property line, and may not be located within a required front yard. Detached accessory structures may not occupy more than ten percent of the lot.
R-1 Suburban Single Family Residential District
R-2 Medium Density Residential District
R-3 Multi-Family Residential District
O-I Office-Institutional District
Accessory structures must be located more than five feet from any property line, and may not be located within a required front yard. Detached accessory structures may not occupy more than five percent of the lot.
B-1 Local Business District
B-2 Central Business District
B-3 Highway Business District
I-1 General Industrial District
(Ord. K-5-94-2. Passed 5-9-94.)

1153.13 DEVELOPMENT STANDARDS - MINIMUM FLOOR AREA FOR DWELLINGS.

   All accessory buildings shall meet the following development standards
Zoning District
Development Standards
S-1 Open Space & Conservation
NA
R-1 Suburban Single Family Residential District
Dwellings shall have a minimum gross floor area of 1,500 square feet.
R-2 Medium Density Residential District
Dwellings shall have a minimum gross floor area of 1,000 square feet.
R-3 Multi-Family Residential District
Dwellings shall have a minimum gross floor area of 750 square feet
O-I Office-Institutional District
NA
B-1 Local Business District
NA
B-2 Central Business District
Dwellings shall have a minimum gross floor area of 750 square feet
B-3 Highway Business District
NA
I-1 General Industrial District
NA
(Ord. K-5-94-2. Passed 5-9-94.)

1153.14 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.

   The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD also allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
   (a)   General Requirements. A PUD may be located in any area of the Village of New Concord where the applicant can prove that a proposed development would meet the purpose of this Section. The tract of land proposed to be developed as a PUD must be owned, leased, or controlled by one person or single entity, and must be at least 5 contiguous acres in size.
   (b)   Permitted and Conditional Uses. An applicant may propose to include any mixture of land uses which are listed as permitted or conditionally permitted in any zoning district, except industrial, with the following limitations: The proposed location of commercial uses shall not have an adverse impact upon adjacent property or the public health, safety, and morals. Not more than 35 percent of the gross acres in a proposed development may be devoted to commercial uses. Further, not more than 25 percent of the gross acres in a proposed development may be devoted to dwellings that are not detached single-family dwellings.
   (c)   Development Standards. The following standards represent broad parameters under which all PUD developments must be designed:
      (1)   Central Water & Sewer Facilities: All structures in developments approved as a PUD must be served by central water & sewer facilities.
      (2)   Clustering Residential Development & Density: Clustering residential density is permitted and encouraged to provide required common open space. Overall, the area devoted to residential land uses shall have a maximum total density of four dwelling units per acre of land (net acres, excluding roads). This total density may, however, be clustered in particular areas of the development to a level of up to 10 dwelling units per net acre in any given area, provided, however, that no less than forty (40) percent of the site is devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.
      (3)   Maximum Impervious Surface: For all areas proposed for residential uses in the development the amount of impervious surface proposed must not exceed 50 percent of the total developed residential area. For all areas proposed for commercial uses in the development, the amount of impervious surface proposed must not exceed 75 percent of the total commercial area.
      (4)   Development Layout and Design: Specific residential density, as well as, the development intensity of non-residential uses and the development design and layout shall be based on the applicant's ability to provide sufficient evidence to the Planning Commission and the Village Council that the overall development displays excellence in design by properly considering: significant natural and historic features, topography, natural drainage patterns, roadway access and circulation, surrounding land uses, the enhancement of the general welfare of the public, and aesthetically desirable land development. Attractive landscaped buffers shall be provided between incompatible land use and activities.
      (5)   Front, Side & Rear Setback Standards for Perimeter Lots: All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the applicable conventional zoning district for the particular land use.
      (6)   Common Space: A minimum of forty (40) percent of the gross acres developed in the PUD shall be reserved for common open space for the residents of the area. This required amount of common space shall be established as open space forever and provisions shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance is subject to review and approval by the Village of New Concord. The Village Planning Commission and/or Village Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition forever (including such as legal documents as deed restrictions, conservation easements, etc.).
      (7)   Front, Side, and Rear Setback Standards for Interior Lots: Within the PUD, the standards for setbacks shall be fully described in the proposed preliminary and final development plan submitted according to the requirements of this Section.
      (8)   Off Street Parking and Loading Facilities: For all land uses located within the PUD, the Parking and Loading standards contained in Article VI shall be applied.
   (d)   General PUD Approval Procedure. The applicant for a PUD must submit both a preliminary plan and a final development plan. Property must also be rezoned to PUD and the decision to approve a final development plan and to rezone a property PUD are done concurrently. The final development plan, with all conditions, stipulations, requirements become the zoning requirements for that particular property. All development restrictions described in the final development plan and supporting documents become the official zoning requirements of the subject property.
   (e)   Preliminary Development Plan Submission. The applicant shall submit 10 copies of a proposed preliminary plan to the Zoning Inspector along with the required application fee. The proposed preliminary development plan shall include the following:
      (1)   Background Information:
         •   Name, address and phone of the applicant
         •   Name and address of the registered surveyor, engineer and/or landscape architect who prepared the plan
         •   Legal description of the property
         •   Description of the present use of the property
         •   A statement of the conceptual overview of the development
         •   A description of the proposed provision of utilities
          •   A description of proposed ownership and maintenance of open spaces
         •   A description of the expected timing of the development
         •   A list of property owners within 500 feet of the proposed development
      (2)   Plan Drawing:
         •   A vicinity map
         •   A table showing the gross acreage devoted to various uses
         •   Location, type and density of development types
         •   Conceptual drainage plan
         •   Location of open spaces
         •   Buffers between incompatible land uses
         •   Proposed street layout
         •   Existing buildings, and any existing potential underground storage tanks
         •   Overlay maps showing topography in 2 foot increments (derived from field survey or aerial photography), and soil types.
   (f)   Additional Information and Fees. The Village Planning Commission may at its sole discretion, require additional information such as maps, data, or reports including environmental impact studies and an archaeological survey of the property prepared by an appropriate professional. The applicant shall be responsible for all reasonable expenses incurred by the Village in reviewing the preliminary and final development plans or any modifications thereof. Such expenses are beyond the application fees established by Village Council and may include professional service fees such as legal fees and the fees for the services of other professionals such as geologists, landscape architects, planners, engineers, environmental scientists, or architects, incurred in connection with reviewing the plans and prepared reports.
   (g)   Preliminary Plan Review. Within 30 days following the submission of the required information, a public hearing shall be scheduled on the proposed plan. Notice of this hearing shall be published in a newspaper of general circulation at least 15 days before such hearing. Notice of this hearing shall also be sent to all property owners within 500 feet of the proposed development.
   (h)   Preliminary Development Plan Review as a Subdivision.
      (1)   Concurrently, with the PUD review procedure described herein, all PUD developments must also be reviewed as a subdivision pursuant to the Village Subdivision Regulations. Where possible, reviews and hearings will be held concurrently to facilitate timely action on proposed developments. Whenever the requirements of this chapter conflict with requirements contained in the subdivision regulations, the provisions herein shall apply. Criteria for Approval of A Preliminary Development Plan.
      (2)   Within twenty (20) days following the public hearing, the Village Planning Commission shall act to approve, disapprove or conditionally approve the preliminary plan according to the following criteria:
         •   That the proposed development is in conformity with the goals and objectives of the comprehensive plan.
         •   That the benefits, improved arrangement, and the design of the proposed development justify the deviation from standard development requirements included in the New Concord Zoning Ordinance.
         •   That the uses requested in the proposal are compatible with surrounding land uses.
         •   That there are adequate public services (e.g., utilities, fire protection, emergency service, etc.) available to serve the proposed development.
         •   That the proposed development will not create overcrowding and/or traffic hazards on existing roads and/or intersections.
         •   That the arrangement of land uses on the site properly consider topography, significant natural features, natural drainage patterns, views, and roadway access.
         •   That the clustering of development sites are shown to preserve any natural or historic features and provide usable common open space.
         •   That the proposed road circulation system is integrated and coordinated to include a hierarchical interconnection of interior roads as well as adequate outer-connection of interior collector streets with off-site road systems.
         •   That there are adequate buffers between incompatible land uses.
         •   That the Village Planning Commission is satisfied that the developer possesses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule.
   (i)   Effect of Approval of the Preliminary Development Plan. The Planning Commission approval of a preliminary plan will be considered an approval of the preliminary development plan in principle only. Approval of the preliminary plan does, therefore, not approve any development on the site nor shall it be construed to absolutely endorse a precise location of uses, shape of parcels, or engineering feasibility. Approval of the Preliminary Development Plan is necessary, however, before the applicant may submit a Final Development Plan to the Planning Commission and Village Council for approval and rezoning to PUD.
   (j)   Final Plan. The applicant shall submit ten (10) copies of the proposed Final Plan to the Village Zoning Inspector along with the required application fee. The final plan shall include all of the written information required for the preliminary plan application (See Section subsection (e) hereof) revised as necessary and:
      •   The specific description of permitted, conditionally permitted and accessory uses to be allowed in each area of the development.
      •   A copy of proposed deed restrictions.
      •   Besides the information provided on the preliminary plan, the final plan shall be drawn to a maximum scale of (1" to 100') and include:
      •   A survey of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography; and existing features of the development site, including major wooded areas, streets, easements, utility lines, and land uses;
      •   The location and dimensions of all lots, setbacks, and building envelopes.
      •   Engineering drawings and plans of sewer and water facilities as well as, street and drainage systems.
       •   Landscaping plan for all buffers and other common areas.
      •   Architectural guidelines to apply throughout the development.
      •   The proposed names of all interior streets proposed for the development.
      •   Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
   (k)   Final plan and Rezoning Approval Procedure Process. The decision to rezone land to PUD and to approve the Final Plan are technically separate decisions. However, to provide for the efficient and timely processing of both the rezoning request and the request for final plan approval, all PUD final plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1181 All procedures (Planning Commission review, public hearing, and final action by Council), therein shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such application to rezone the property in question to PUD, the Zoning District Map of the Village of New Concord shall be amended to designate the project area as "PUD." Thereafter, with the concurrent approval of the rezoning and final plan, all development restrictions and conditions described in the Final Plan shall become official requirements of the PUD.
   (l)   Criteria of Approval - Final Plan. The New Concord Planning Commission and the Village Council of New Concord shall review the proposed Final Plan according to the following criteria:
      •   That the proposed development is in conformity with the Goals and Objectives of the comprehensive plan.
      •   That the proposed development advances the general health, safety and morals of New Concord.
      •   That the New Concord Planning Commission and Village Council are satisfied that the developer possesses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule.
      •   That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
      •   That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements.
      •   That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
      •   That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non-residential uses proposed in the PUD.
         (Ord. K-5-94-2. Passed 5-9-94.)