(b)   The Norton Commercial District qualifying area is defined as the Cleveland Massillon Road Corridor from the northern municipal boundary line to the southern municipal boundary line from the easterly municipal boundary on Norton Avenue to Columbia Woods Drive on Greenwich Road.

   (c)   The Town Center Overlay District is defined as Cleveland Massillon Road from Panther Way south to Trotter Road, and east to west, Long Drive to Columbia Woods Drive.

   (d)   All development taking place within the C-1 District is subject to final approval from the City of Norton Planning Commission and City Council.

(Ord. 61-2019. Passed 6-10-19.)

   (b)   Improve the aesthetics of the Cleveland Massillon Road Corridor.

   (c)   Promote the development of an attractive businesses corridor.

   (d)   Encourage the compatible and successful mixture of employment, commercial, residential and open space uses to promote sustained economic success of the area.

   (e)   Encourage skillful planning in the arrangement of buildings, the preservation of open space and the utilization of topography and other site features.

   (f)   Utilize creative and coordinated architectural site designs that are harmonious and compatible with surrounding land uses.

(Ord. 61-2019. Passed 6-10-19.)

   Table 1279-1, C-1 Permitted Uses

 

   (c)   The following uses are expressly prohibited in a C-1 District;

      (1)   Adult entertainment uses as listed in Section 1292.03.

         A.   Adult arcade (gambling);

         B.   Adult bookstore;

         C.   Adult cabaret;

         D.   Adult hotel/motel use;

         E.   Adult motion picture theatre;

         F.   Adult theatre;

         G.   Escort agency;

         H.   Massage parlor;

         I.   Nude model studio;

         J.   Sexual encounter center;

         K.   Any combination of classifications set forth in subsections A. through J. above.

      (2)   Class I and Class II skill-based amusement arcades as they are listed in Section 1298.08, Standards for Specific Conditional Uses, subsection (e)(1) through (e)(18), and subsection (f)(1) through (f)(6).

   (d)   Permitted uses within the district shall be approved by City Council with recommendation by the Architectural Board of Review, and Planning Commission.

   (e)   Planning Commission and/or City Council reserve the right to prohibit certain uses that are not consistent with the vision for the C-1 District.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   The use of unique street design and landscaping.

   (b)   The use of a variety of architectural styles, building types, and/or building materials to avoid a monotonous streetscape.

   (c)   The use of high quality building materials and well-designed and well-articulated building facades.

   (d)   The incorporation of pedestrian trails and paths both internal to the C-1 District and that connect to external pedestrian networks to the extent reasonably possible and desirable.

   (e)   The incorporation of ponds or water features to the extent reasonably possible and desirable.

   (f)   Incorporation of safe, convenient and comfortable internal and external circulation patterns for pedestrians, bicycles and vehicles should be integrated into the site development plan. Developments should promote shared parking opportunities in order to minimize unnecessary parking/vehicular areas should not dominate the design of the site.

   (g)   When residential uses are included in the development area, consideration should be given to ensure that the proposed housing type(s) balance the housing options by complementing available housing products and meeting a market demand.

      (1)   Live-work mixed-use units.

      (2)   Market rate apartments within a mixed-use building.

      (3)   Mixed-use buildings should incorporate first floor retail.

   (h)   Developments should include publicly accessible spaces and amenities that may include open spaces, public buildings or public gathering areas.

   (i)   Developments should conserve and integrate environmentally sensitive resources into the design of the development when appropriate.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   There shall be no prescribed minimum setbacks, but build-to lines are encouraged to be included in the site development plan in order to ensure ideal building form and placement.

   (b)   Internal setbacks and distances between buildings and uses within the District shall be established on the site development plan approved by the Planning Commission or as further required to meet City and State codes for fire and safety.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Common open spaces shall comprise at least 20% of the development area unless otherwise approved by Planning Commission and/or City Council.

   (b)   The location, shape, size, and character of the open space shall complement and enhance the overall development.

   (c)   Public utility and similar easements, right-of-way courses, and other similar channels may be acceptable for common open space if it is usable as a trail or similar purpose and has been approved by the Planning Commission.

   (d)   Common open spaces shall not include private yards, required setbacks between the project boundary lines or buildings and minimum spacing between buildings.

   (e)   Common open spaces may be used for recreational purposes or passive uses. If the development area contains natural features worthy of preservation, those areas may remain undeveloped and unimproved; however, they must be maintained and repaired as needed by the owner, developer or association.

   (f)   Common open spaces should promote public gathering and public use. Amenities such as public art, courtyards, fountains, gazebos, outdoor dining and benches should be included within common open spaces when applicable.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   All C-1 developments should maximize the use of natural building materials on the exterior such as brick, stone, wood, cultured stone, or architectural metal panels. The Planning Commission shall reserve the right to regulate building materials on each final site development plan on a case-by-case basis.

   (b)   All buildings within the district shall be designed with four-sided architecture when visible from a public or private street or from an adjacent property.

   (c)   Vinyl siding and exposed smooth face CMU (concrete masonry unit) block is prohibited as an exterior building material on all building elevations visible from a private or public street unless specifically approved by Planning Commission.

   (d)   The use of glass block for windows is not permitted.

   (e)   All non-residential elevations visible from a public or private street or adjacent property shall include decorative features such as cornices, pilasters, contrasting horizontal bands, and other architectural elements. Building recesses and protrusions are strongly encouraged on larger buildings to break long uninterrupted building walls.

   (f)   All non-residential building elevations visible from public or private streets shall include window openings at regular intervals. The main front elevations of a building should include at least 50% transparency at the pedestrian level, 15 feet in height or the height of the building. Whichever is less, unless otherwise approved by Planning Commission.

   (g)   No building or addition constructed in a C-1 District shall be designed with or modeled after franchise or formula based architecture, unless the Planning Commission determine that the franchise architecture is consistent with the intent of the district guidelines, does not create visual inconsistencies with surrounding areas or structures, and will enhance the character and business climate of the area.

   (h)   Loading docks, service entries, and back-of-house areas shall be located on building facades that do not face a public or private street. When this is not feasible, they shall be designed in a manner that blends in or complements the building materials and design and shall be screened from view with landscaping fencing and/or walls.

   (i)   All roof mounted mechanical equipment shall be screened from view from all adjacent properties and public and private streets using durable, opaque, and compatible materials.

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Base. The lowest portion of the facade, directly along the grade shall be differentiated from the other portions of the facade as the base. The base shall be differentiated with either a change of materials, or a continuous horizontal architectural treatment.

   (b)   Crown. The portion of the facade immediately above the body shall be differentiated from other portions of the facade as the crown. The crown shall be differentiated with either a change of materials or a continuous horizontal architectural treatment such as a cornice line, parapet, or similar detail.

   (c)   Body. All portions of the facade that are not the base or the crown shall be considered the body.

   (d)   Entrance. Each building shall have at least one primary entrance feature.

(Ord. 61-2019. Passed 6-10-19.)

      (1)   Front facade walls shall be brick veneer, brick, cast brick, stone, cast stone, fiber cement board siding or stucco.

      (2)   Street facing walls shall be same material as front facade.

      (3)   Non-street facing sidewalls and rear wall may be split-faced block or cast block.

      (4)   Building wall materials must be combined on each facade horizontally, heavier weight construction material shall be below lighter weight construction material.

   (b)   Opening.

      (1)   All storefront windows shall use clear glass.

      (2)   All openings including porches, galleries, arcades and windows, with the exception of storefronts shall be (square or vertical) in proportion.

      (3)   Openings above the first story shall not exceed 50% of the building wall area, with each facade calculated independently.

   (c)   Roofs.

      (1)   Pitched roofs shall be symmetrically sloped no less than 4:12.

      (2)   Parapets shall enclose flat roofs, a minimum of 12 inches high, or as required to conceal mechanical equipment.

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

   (a)   District Perimeter Landscaping. When the perimeter of the district is adjacent to or abuts a residential zoning district or use, a continuous six-foot screen should be provided consisting of an earth mound, evergreen plantings, hedge, decorative wall, or any combination thereof, with trees planted approximately every 30 lineal feet.

   (b)   Street Trees. Tree lawns and street trees shall be provided adjacent to all public and private streets. Trees shall be planted approximately every 50 lineal feet. Street trees may be clustered or strategically spaced to ensure proper view corridors for commercial tenants as long as the number of trees is not sacrificed.

      (1)   Species of trees must be indigenous to the area, and non-invasive species. See the following Table 1279-3 and 1279-4 for recommended and prohibited street trees.

 

 

   (d)   Vehicular Use Area Landscaping.

      (1)   Vehicular use areas containing less than 20 parking spaces shall be exempt from the requirements of this section.

      (2)   Total parking provided is located in more than one location on a site and each location contains less than 20 parking spaces, each such area shall be exempt from this section if separated on all sides by at least 20 feet of non-paved area.

      (3)   Design. Landscape areas shall be peninsular or island types. This shall include landscaped parking islands or peninsulas, natural or landscaped detention basins in the front or side yards.

      (4)   Location. All parking spaces must be at least within 125 feet of a landscaped area.

      (5)   Minimum area. The minimum landscape area shall be 100 square feet.

      (6)   Surface. Any landscape area provided under this section shall not contain bare soil. Any ground area shall be covered with stones, mulch, vegetative ground cover, or other surfaces permeable by water.

      (7)   Retention basins. Natural or landscaped detention basins may count toward minimum square footage landscaping requirements when the basins are in the front or side yards.

      (8)   Traffic visibility. No landscaping shall obscure visibility at vehicular intersections with the parking area or other areas where clear visibility is necessary to assure safe circulation.

   (e)   Determination of Interior Landscape Requirements.

      (1)   The total landscaping required in a vehicular use area is 22 square feet per parking space. Interior and streetscape landscaping count toward the minimum square feet of landscaping required per parking space, ten parking spots equals one landscaping island.

      (2)   Interior landscape area requirement. To determine the landscape area, multiply the landscape area requirement of 22 square feet per parking space by the total number of parking spaces on the lot.

      (3)   Planting requirements. To determine the number of canopy trees, use the rate of one canopy tree for each ten parking spaces for retail uses and two canopy trees for each ten parking spaces for non-retail uses. Any fractional number of trees should be calculated to the next highest whole number.

      (4)   Shrubs. To determine the total number of shrubs, multiply the total number of required canopy trees by three. One canopy tree may substitute for three shrubs. Trees and shrubs do not have to be equally spaced, but may be grouped.

      (5)   Modifications. In the event of unusual topography or elevation of a development site, the size of the parcel to be developed, the extent of expansion or redevelopment of the site or parking area is deemed to be insignificant, or the presence of existing buffers on an adjacent property would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and maintain the required landscaping, the Board of Zoning Appeals may, upon proper applications by the property owner, and upon making findings of fact, modify the requirements of this section provided the existing or resulting landscape features of the development site comply with the spirit and intent of this section.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Height. All outdoor lighting should be designed, located, and mounted at heights no greater than 25 feet for driveways and parking areas, and 12 feet for pedestrian walkways, plazas or courtyards.

   (b)   Illumination. All outdoor lighting should be designed and located with a maximum illumination of 0.5 foot-candles at the property line.

   (c)   Shielding. All outdoor lighting should be shielded and should be contained to the specific lot (0 foot candles at adjacent lots).

   (d)   Color and Glare. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or impair the vision of drivers or pedestrians.

(Ord. 61-2019. Passed 6-10-19.)

 

(Ord. 61-2019. Passed 6-10-19.)

      (1)   Application. Developer will submit site application to the Administrative Officer before regularly scheduled staff meeting. Application includes a deposit be made payable to the City of Norton in an amount of one thousand two hundred fifty dollars ($1,250). This fee shall cover all costs relating to engineering review, Architectural Board of Review, Planning Commission and/or City Council Review. The developer will be responsible for any additional charges associated with plan review and will be billed accordingly.

      (2)   Distribution. The Administrative Officer/or Designee shall submit copies of the application to City administrators upon receipt including but not limited to:

         A.   City Engineer;

         B.   Mayor;

         C.   Director of Public Service;

         D.   Chief of Police;

         E.   Chief of Fire;

         F.   Zoning Inspector;

         G.   These individuals will then prepare and submit reports to the Architectural Board of Review 15 days prior to the next regularly scheduled ABR meeting. City officials listed above shall confer with the other officials and agencies, as they deem necessary.

      (3)   Administrative Officer/or designee shall submit original preliminary site application to the Law Director.

   (b)   Planning Commission.

      (1)   A meeting of the Planning Commission will be held following the Architectural Board of Review for further review and approval. Planning Commission reserves the right to approve the preliminary site plan as a final site plan.

      (2)   After the approval of a preliminary site plan, applicant has one year (365 days) to submit for final site plan approval before file is considered withdrawn.

      (3)   Public notice for Planning Commission meeting:

         A.   Residents and business owners within 200 feet of the property shall be notified 15 days prior to the Planning Commission meeting.

         B.   Public notice shall be completed in the form of:

            1.   Notification letters dispersed to residents and businesses within 200 feet of proposed development;

            2.   Summary and development plans accessible via City of Norton Website;

            3.   Availability of development drawings and documentation shall be available for public viewing by the Clerk of Council;

   (c)   Planning Commission Review and Action. Within 60 days or greater if agreed upon by the Commission and developer, with consideration to the recommendations made by City staff, ABR and public opinion, and after the initial hearing, the Planning Commission will choose one of the following actions:

      (1)   Approve the preliminary site plan with recommendations for applicant to return for final site plan approval;

      (2)   Approve preliminary site plan as the final site plan, suspending the need for a second Planning Commission hearing, making a recommendation to City Council to approve or conditionally approve the final site plan. If the Commission recommends approval, the recommendation shall be forwarded to the Clerk of Council within five business days; or

      (3)   Disapprove the preliminary site plan application, whereupon written notice, including a statement of the reasons for disapproval, shall be delivered to the developer. Subsequent to disapproval, the developer shall be required to submit a new application for preliminary site approval in order to proceed with the development.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Public Notice.

      (1)   Residents and business owners within 200 feet of the property shall be notified 15 days prior to the Planning Commission hearing.

      (2)   Public notice shall be completed in the form of:

         A.   Notification letters dispersed to residents and businesses within 200 feet of the proposed development;

         B.   Meeting information posted on City website.

   (b)   Planning Commission Review and Action. Within 60 days or greater if agreed upon by the Commission and developer, after the initial hearing, and with consideration to the recommendations made by City staff and public opinion, the Planning Commission will choose one of the following actions:

      (1)   Make a recommendation to City Council to approve or conditionally approve the final site plan. If the Planning Commission recommends approval, the recommendation shall be forwarded to the Clerk of Council within five days. A recommendation of approval of the final site plan may be subject to conditions requiring completion and execution of required documents; or

      (2)   Disapprove the final site plan. If the Commission disapproves the final site, written notice, including a statement of the reasons for disapproval, shall be delivered to the developer. Subsequent to disapproval, the developer may, within not more than 30 days, make the necessary corrections and resubmit the final site plan for approval.

      (3)   If the Planning Commission disapproves the application, or does not make a recommendation to Council within the period of 60 days, the application shall be deemed disapproved. If the final site application is disapproved or no recommendation is made, appeal shall only be made to a court of competent jurisdiction.

   (c)   Council Review Action. No later than 30 days after receiving recommendations from the Planning Commission, and with consideration to the recommendations made by City staff, ABR and public opinion, Council will either approve, approve with conditions, or disapprove the final site plan.

      (1)   An additional 30 days to submit will be allowed if agreed with the developer.

      (2)   If Council does not take action within allotted time frame, application is presumed approved.

      (3)   If disapproved, a written notice with reasons for disapproval will be sent to developer. Developer will have to submit a new final site plan application if they wish to move forward.

   (d)   Effect of Council Approval. If Council approves, City Officials listed in this section will sign the final site plan and release the final site plan for recording.

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

   (a)   The Town Center Overlay District is defined as Cleveland Massillon Road from Panther Way south to Trotter Road, and east to west, from Long Drive to Columbia Woods Drive.

   (b)   Provide an opportunity to include a mix of zoning that would otherwise not be available through regular municipal zoning strategies.

   (c)   Develop a specific design for the district that improves the aesthetics of the district and create town character.

   (d)   Assure uniformity through development controls that also inspire creative building design.

   (e)   Further the development goals of the City of Norton.

   (f)   Promote walkability and connectivity.

(Ord. 61-2019. Passed 6-10-19.)

   (b)   Any transfer of land after an application has been filed shall not alter the applicability of the regulations herein so long as the new owner authorizes the continuation of overlay development.

   (c)   No building permit shall be issued until overlay final site development plan is approved, and if applicable, a final subdivision plat is recorded and approved.

   (d)   Town Center Overlay District shall abide by the design guidelines of the C-1 District with the addition of the guidelines listed herein.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Permitted Uses.

      (1)   Mixed-use buildings may include the permitted uses provided by the land use Table 1279-1, C-1 Permitted Uses.

      (2)   Attached single-family and mixed density residential is expressly prohibited on the first floor of mixed-use buildings.

      (3)   Planning Commission and/or City Council reserve the right to prohibit uses that do not fit the character of the overlay district once overlay has been established.

(Ord. 61-2019. Passed 6-10-19.)

   (b)   Concentration. Appropriate concentration of uses should be allowed to create the best scenario for economic vitality while also being compatible to surrounding uses, especially surrounding residential areas.

   (c)   Building Form. Front facades of building should be oriented toward public space and public gathering areas rather than parking lots. Commercial and mixed use buildings should promote an active street frontage and quality street design.

   (d)   Building Design. Building design should be compatible with adjoining and adjacent developments, but should allow for creative designing to avoid homogeneity.

   (e)   Walkability, Connectivity, and Circulation. Safe, convenient and comfortable circulation patterns for pedestrians, cyclists and vehicles should be included in site development plan. Developers are encouraged to invest in shared parking to alleviate unnecessary envelopment of parking spaces. The developments should be pedestrian friendly rather than vehicle.

   (f)   Housing. When residential uses are included within the development area, consideration should be given to ensure that the proposed housing type balance the existing housing within the overlay or adjoining residential districts while also considering market demand.

   (g)   Public Spaces and Uses. Developments should include publicly accessible spaces and amenities that may include open spaces, public buildings, or public gathering areas.

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

(Ord. 61-2019. Passed 6-10-19.)

   (b)   For developments within the Town Center Overlay, the maximum height of all buildings shall be five stories of usable space unless otherwise approved by the Planning Commission and/or City Council.

   (c)   Square footage minimum shall not be less than 3,000 square feet.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Base. The lowest portion of the facade, directly along the grade shall be differentiated from other portions of the facade as the base.

      (1)   The base shall be between 5% and 10% of the total facade height, except that the base may consist of the entire first story on buildings that are three stories or higher.

      (2)   The base shall be differentiated with either a change of materials, or a continuous horizontal architectural treatment.

   (b)   Crown. The portion of the facade immediately above the body shall be differentiated from other portions of the facade as the crown.

      (1)   The crown shall be between 3% and 5% of the total facade height, except that the crown may consist of the entre top story on buildings that are four stories tall.

      (2)   The crown shall be differentiated with either a change of materials or a continuous horizontal architecture treatment such as a cornice, line, parapet, or similar detail.

   (c)   Body. All portions of the facade that are not the base or the crown shall be considered the body.

(Ord. 61-2019. Passed 6-10-19.)

   (b)   A sign plan shall set forth the sign parameters for the entire development to ensure consistency, and build a comprehensive character throughout the project. The sign plan shall include design, layout, and dimensions of all ground, window and wall signs as well as distances from rights-of-way. The final sign plan shall provide intensity of illumination of lighting.

   (c)   Signs shall conform to the applicable regulations provided in this chapter and Section 1289.06: Signage. However, the Planning Commission and/or City Council may authorize additional sign area and increased sign heights as a part of the Town Center Overlay preliminary development plan.

(Ord. 61-2019. Passed 6-10-19.)

      (1)   Application. Developer will submit site application to the Administrative Officer before regularly scheduled staff meeting. Application includes a deposit be made payable to the City of Norton in an amount of one thousand two hundred fifty dollars ($1,250). This fee shall cover all costs relating to engineering review, Architectural Board of Review, Planning Commission and/or City Council Review. The developer will be responsible for any additional charges associated with plan review and will be billed accordingly.

      (2)   Distribution. The Administrative Officer/or designee shall submit copies of the application to City administrators upon receipt including but not limited to:

         A.   City Engineer;

         B.   Mayor;

         C.   Director of Public Service;

         D.   Chief of Police;

         E.   Chief of Fire;

         F.   Zoning Inspector;

         G.   These individuals will then prepare and submit reports to the Architectural Board of Review 15 days prior to the next regularly scheduled ABR meeting. City officials listed above shall confer with the other officials and agencies, as they deem necessary.

      (3)   Administrative Officer/or designee shall submit original preliminary site application to the Law Director.

   (b)   Architectural Board of Review. A meeting of the Architectural Board of Review will take place following the preliminary site review. Recommendation to approve, approve with suggestions, or disapproval with written reasoning, will be submitted to the Planning Commission for further review.

   (c)   Planning Commission.

      (1)   A meeting of the Planning Commission will be held following the Architectural Board of Review for further review and approval. Planning Commission reserves the right to approve the preliminary site plan as a final site plan.

      (2)   After the approval of a preliminary site plan, applicant has one year (365 days) to submit for final site plan approval before file is considered withdrawn.

      (3)   Public notice for Planning Commission meeting:

         A.   Residents and business owners within 200 feet of the property shall be notified 15 days prior to the Planning Commission meeting.

         B.   Public notice shall be completed in the form of:

            1.   Notification letters dispersed to residents and businesses within 200 feet of proposed development;

            2.   Summary and development plans accessible via City of Norton Website;

            3.   Availability of development drawings and documentation shall be available for public viewing by the Clerk of Council.

   (d)   Planning Commission Review and Action. Within 60 days or greater if agreed upon by the Commission and developer, with consideration to the recommendations made by City staff, ABR and public opinion, and after the initial hearing, the Planning Commission will choose one of the following actions:

      (1)   Approve the preliminary site plan with recommendations for applicant to return for final site plan approval;

      (2)   Approve preliminary site plan as the final site plan, suspending the need for a second Planning Commission hearing, making a recommendation to City Council to approve or conditionally approve the final site plan. If the Commission recommends approval, the recommendation shall be forwarded to the Clerk of Council within five business days; or

      (3)   Disapprove the preliminary site plan application, whereupon written notice, including a statement of the reasons for disapproval, shall be delivered to the developer. Subsequent to disapproval, the developer shall be required to submit a new application for preliminary site approval in order to proceed with the development.

(Ord. 61-2019. Passed 6-10-19.)

   (a)   Public Notice.

      (1)   Residents and business owners within 200 feet of the property shall be notified 15 days prior to the Planning Commission hearing.

      (2)   Public notice shall be completed in the form of:

         A.   Notification letters dispersed to residents and businesses within 200 feet of the proposed development;

         B.   Meeting information posted on City website.

   (b)   Planning Commission Review and Action. Within 60 days or greater if agreed upon by the Commission and developer, after the initial hearing, and with consideration to the recommendations made by City staff and public opinion, the Planning Commission will choose one of the following actions:

      (1)   Make a recommendation to City Council to approve or conditionally approve the final site plan. If the Planning Commission recommends approval, the recommendation shall be forwarded to the Clerk of Council within five days. A recommendation of approval of the final site plan may be subject to conditions requiring completion and execution of required documents;

      (2)   Disapprove the final site plan. If the Commission disapproves the final site, written notice, including a statement of the reasons for disapproval, shall be delivered to the developer. Subsequent to disapproval, the developer may, within not more than 30 days, make the necessary corrections and resubmit the final site plan for approval.

      (3)   If the Planning Commission disapproves the application, or does not make a recommendation to Council within the period of 60 days, the application shall be deemed disapproved. If the final site plan is disapproved or no recommendation is made, appeal shall only be made to a court of competent jurisdiction.

   (c)   Council Review Action. No later than thirty days after receiving recommendations from the Planning Commission, and with consideration to the recommendations made by City staff, ABR and public opinion, Council will either approve, approve with conditions, or disapprove the final site plan.

      (1)   An additional 30 days to submit will be allowed if agreed with the developer.

      (2)   If Council does not take action within allotted time frame, application is presumed approved.

         A.   If disapproved, a written notice with reasons for disapproval will be sent to developer. Developer will have to submit a new final site plan application if they wish to move forward.

   (d)   Effect of Council Approval. If Council approves, City Officials listed in this section will sign the final site plan and release the final site plan for recording.

(Ord. 61-2019. Passed 6-10-19.)

   (b)   Amendments to the Plan. At any time after the approval of the Preliminary Development Plan or the Final Development Plan, the owner or owner's representative may request an amendment to their plans. Planning Commission shall determine if the amendment is a major modification to the approved plans or a minor modification.

      (1)   Major modification. If it is determined by Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new Preliminary Development Plan. For purposes of this section, a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan.

      (2)   Minor modification. If it is determined by Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a Final Development Plan application.

   (c)   Town Center Overlay District Land Additions. At any time after the approval of the Preliminary Development Plan, the owner or owner's representative shall submit an application to increase the size of the District as long as all proposed land additions are controlled or owned by the same person or entity acting jointly. Any new land additions to an approved Town Center Overlay shall be processed as a new Preliminary Development Plan. Land additions are not subject to the minimum area requirements.

(Ord. 61-2019. Passed 6-10-19.)