Seven Hills City Zoning Code
CHAPTER 925
Development Plan Review
925.01 DEVELOPMENT PLAN APPLICABILITY.
(a) 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 the applicable project types set forth in this Section. Residential projects located in the "R" or "RCD" zoning districts shall not apply to the Development Plan review process.
(1) New Building Construction. The new construction of a building on vacant ground, or partially vacant ground.
(2) Substantial Building Expansion. Substantial expansion of existing buildings shall be defined based on the criteria established below:
When Existing Structure is.... | A Substantial Expansion is.... |
0 - 1,000 Sq. Ft. | 50% or Greater |
1,001 - 10,000 Sq. Ft. | 40% or Greater |
10,001 - 25,000 Sq. Ft. | 30% or Greater |
25,001 - 50,000 Sq. Ft. | 20% or Greater |
50,001 Sq. Ft. and larger | 10% or Greater |
(3) Parking Lot Projects Requiring Planning Commission Review. Parking lot expansion projects and new parking lot projects which increase the number of (net) new parking stalls by five (5) or more, increases or reconfigures the impervious surface on a site shall be subject to an expediated Development Plan review procedure requiring the submission of a Final Development Plan to the Planning Commission for review and consideration. The mandatory Preliminary Development Plan meeting shall not be required.
(4) Parking Lot Projects Requiring Staff Level Review. Proposed parking lot improvement applications seeking to create a net four (4) or less new parking stalls shall be reviewed by the Building Commissioner, City Engineer and other City Staff. The Building Commissioner and City Engineer will advise the applicant of the necessary Plan information required for an adequate review of the proposed improvements. The Building Commissioner shall have the authority to render a decision on the proposed parking lot improvements under this Subsection.
A. On any parking lot improvement application under this Subsection, the Building Commissioner may elect to refer the application to the Planning Commission for consideration and decision-making authority and follow the procedure set forth in Section 925.01(a)(3).
(5) Other Site Improvements. When an applicant proposes improvements to a site involving no work to be done to an existing building on the site, or the construction of a new building, and not involving parking lot improvements, the Building Commissioner shall have the authority to determine, on a case-by-case basis, if the collective proposed site improvements shall follow the Development Plan review procedure set forth in this Chapter. The Building Commissioner may provide for a Staff level plan review if the proposed site improvements are minor in nature. If the Staff level review is determined to be adequate, the applicant shall satisfy any applicable regulations and plan details provided for in this Zoning Code and the Building Commissioner shall have the final decision-making authority.
(b) Furthermore, no building shall be erected or structurally altered on any lot or parcel in cases where a Final 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 Final Development Plan is required before a building permit may be issued. Formal submission and approval of a Final Development Plan includes the review procedures and submission requirements set forth in this Chapter.
(Ord. 03-2025. Passed 2-11-25.)
925.02 PRELIMINARY DEVELOPMENT PLAN REVIEW.
(a) Conceptual Development Plan Informal Meeting (Optional). The applicant is encouraged to contact the Building Commissioner to schedule an informal meeting with the City prior to scheduling the mandatory Preliminary Development Plan meeting to introduce the project details. An applicant seeking, one or more, informal meetings with The City shall provide a conceptual level development plan with sufficient detail to adequately convey the key elements of the proposed plan.
(1) This optional meeting shall not be considered a public meeting and no opinions, suggestions or recommendations discussed with or provided to the applicant at such meeting shall be relied upon by the applicant as a guarantee or other indicator of subsequent specific action on an application.
(b) Preliminary Development Plan Meeting (Mandatory). Before submitting an application for a Final Development Plan pursuant to this Chapter, an applicant shall contact the Building Commissioner to schedule and attend the required Preliminary Development Plan meeting. The purpose of the meeting is to discuss, early and informally with the applicant, the purpose, intent, objective, scope, and requirements of this Chapter. No opinions, suggestions or recommendations discussed with or provided to the applicant at such meeting shall be relied upon by the applicant as a guarantee or other indicator of subsequent specific action on an application.
(1) The Planning Commission Chairman shall chair and facilitate the meeting. Additional attendees at the Preliminary Development Plan meeting may include, the following:
A. Aplicant and applicant's professionals;
B. Mayor;
C. Representation from City Council;
D. City Engineer;
E. Fire and Police Department;
F. Recreation Department;
G. Service Department;
H. Members of the Zoning Board of Appeals, if applicable;
I. City Planner;
J. Other City, County, State and/or federal agencies, as may be applicable; and
K. Any other attendees, as deemed necessary.
(c) Preliminary Development Plan Submittal Requirements.
(1) Submittal. An applicant shall submit the Preliminary Development Plan and any related information that conforms to all applicable requirements of this Chapter to be used at the meeting.
(2) The applicant shall submit four (4) full size copies of the Preliminary Development Plan shall be prepared at a scale of one (1) inch equals twenty feet (20'). Developments containing more than five (5) acres may be drawn at a scale of one (1) inch equals fifty (50) feet. Drawings shall be made on standard twenty-four (24)-inch x thirty-six (36)-inch sheets with continuation on eight and one-half (8 1/2)-inch x eleven (11)-inch sheets as necessary for narrative.
(3) The applicant shall submit ten (10) copies of the Preliminary Development Plan sheets shall also be submitted on eleven (11)-inch x seventeen (17)-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.
(4) The applicant shall submit one (1) digital copy of the Preliminary Development Plan set and any other plan materials or information in PDF file format shall be submitted.
(d) Required Contents for a Preliminary Development Plan Submittal. A Preliminary Development Plan shall be designed by a civil engineer registered in the State of Ohio and evidenced by the engineer's stamp being placed on the plan. The Preliminary Development Plan submittal package shall, at a minimum, include the following data, details, and supporting documentation:
(1) Contact information and proof of ownership or of a contract, option or agreement showing control of the property.
(2) Narrative description of the proposal including how the development contemplated by such Preliminary Development Plan is consistent with this Zoning Code, and shall specifically set forth details of any plan for preceding with the development in phases, or developing the area covered by the Plan, in phases.
(3) Location of all existing structures located within the Preliminary Development Plan, and within twenty-five (25) feet of the boundary of the proposed Preliminary Development Plan area.
(4) The footprint locations and height of proposed buildings and land uses within the Preliminary Development Plan. The amount of land area dedicated for each type of land use shall be indicated. Calculations of density and open space area shall be indicated, if applicable.
(5) Proposed parcels contained within the Preliminary Development Plan area including parcel lines, parcel numbers, and dimensions.
(6) Preliminary interior open space, including calculation of the area of such open space.
(7) Location of existing and proposed public and private streets, parking, pedestrian walkways, storm water management facilities and sanitary sewer, water and other utility lines and facilities where such lines and facilities first enter the Preliminary Development Plan.
(8) Identify all setbacks of buildings, structures, and parking areas from property lines and any required bufferyard zone.
(9) Location, type and size of any easements, covenants, deed restrictions and other restrictions proposed or recorded.
(10) The proposed location of the following elements, as applicable to the project: points of ingress and egress serving the site, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, ground mounted signs, walls, and fences.
(11) Existing and proposed topography at, a minimum of, two foot (2') 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, as available on the most recent FEMA maps.
(12) A conceptual landscape plan, prepared by a landscape architect registered in the State of Ohio and evidenced by the landscape architect's stamp being placed on the plan. The applicable landscaping plan contents and regulations found in Chapter 929 shall apply.
(13) A table containing the following information must be included, as applicable:
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.
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.
(14) Any additional information reasonably deemed necessary by the Building Commissioner, City Engineer or Planning Commission may include, but not be limited to, the following:
A. Aerial photograph(s) of the site.
B. Cross-section drawings.
C. Computer rendering of two vantage points.
D. Perspective sketch(es).
E. A professional analysis of infrastructure impact (e.g., storm sewer, water, sanitary sewer, geotechnical).
(e) Building Commissioner Actions.
(1) The Building Commissioner shall first review the plan and accompanying information for conformance to the applicable submittal requirements listed in this Section and other Chapters of the Code.
(2) If the plan and information is deemed substantially complete and sufficient enough to conduct the Preliminary Development Plan meeting, the Building Commissioner shall forward the plan and information along with any comments to the Planning Commission Secretary within five (5) days upon receipt of the submittal documents.
(f) Preliminary Development Plan Meeting Actions.
(1) There shall not be any formal action taken on the Preliminary Development Plan submittal at this meeting. The only requirements are the applicant's attendance at the meeting and submitting a Preliminary Development Plan package that is substantially complete as determined by the Building Commissioner.
(2) After the applicant has attended the mandatory Preliminary Development Plan meeting, the Final Development Plan submittal package may be submitted, incorporating any plan changes or additional information requested during the Preliminary Development Plan meeting.
(3) This Preliminary Development Plan meeting may be continued if the City determines that additional information is required to be submitted and discussed prior to submitting the Final Development Plan information.
(Ord. 03-2025. Passed 2-11-25.)
925.03 FINAL DEVELOPMENT PLAN REVIEW.
(a) Final Development Plan Review Procedure.
(1) Upon completing the mandatory Preliminary Development Plan meeting requirements, the applicant may submit the Final Development Plan package along with all applicable required contents and information as set forth in this Section and other Chapters of this Code.
(2) Building Commissioner Review for Completeness. Upon submission, the Building Commissioner shall review the Final Development Plan and accompanying information for conformance to the applicable submittal requirements. If the plan and information is deemed complete and sufficient, the Building Commissioner shall forward the Final Development Plan along with any comments to the Planning Commission Secretary within five (5) days upon receipt of the submittal documents.
(3) Solicitation of Comments. Upon receiving the Final Development Plan submittal from the Building Commissioner, the Planning Commission Secretary shall forward one copy of the submittal package to, and seek comments from, those individuals and Departments invited to the Preliminary Development Plan meeting.
(4) Distribution of the Final Development Plan Submittal. Upon receiving the comments back from the Preliminary Development Plan meeting attendees, the Planning Commission Secretary shall either:
A. Notify the applicant in writing of any changes to the submittal package that are necessary as a result of any comments received as of that date; or
B. Forward copies of the submittal package, as well as any comments received as of that date, to the Planning Commission.
(5) The Planning Commission shall review and take action on the Final Development Plan application as a regular meeting agenda item. The Planning Commission may, but need not, take final action at the meeting at which it first considers an application.
(6) As part of its review, the Planning Commission shall examine the Final Development Plan application conformance to the applicable code requirements, zoning district goals, and Development Plan review standards outlined in this Chapter.
(7) The Planning Commission shall approve, approve with conditions or disapprove the Final Development Plan application. The Planning Commission's decision shall be clearly stated in the Planning Commission's minutes and provided in writing to the applicant within a reasonable time period.
(8) Concurrent Plan Review. For projects also requiring conditional use approval or subdivision approval, the procedure established for a conditional use or subdivision review shall be followed. The Planning Commission may concurrently review a Final Development Plan application and a conditional use or subdivision application.
(9) Variances. If a variance is required as part of a proposed Final Development Plan, any motion to approve the application shall also include a condition of approval stating that the applicant must apply for and be granted the required variance by the Zoning Board of Appeals prior to the application being fully approved.
(b) Performance Guarantee. The Planning Commission and/or the Building Commissioner shall require that a performance guarantee be submitted to ensure completion of all improvements associated with an approved Final Development Plan. The performance guarantee procedure shall be as follows:
(1) Improvements covered by a performance guarantee shall include, but not be limited to, buildings, mechanical equipment, utilities, dumpster enclosures, parking, landscaping, drainage, retaining walls, streets, lighting, sidewalks, signage, and amenities.
(2) The applicant shall submit to the City Engineer an estimate of the cost of completion of all improvements associated with an approved site and design plan.
(3) The City Engineer shall review the estimate and determine the amount of the performance guarantee determined by code.
(4) The applicant shall deposit the determined amount with the City in a form acceptable to the City Law Director.
(5) A performance guarantee shall continue for not less than one (1) year following the date of issuance of a certificate of occupancy, or the date of the Building Commissioner's certification of completion where no certificate of occupancy is required, and shall not be released until the Building Commissioner inspects and verifies that all improvements have been installed and are being maintained per the approved site and design plan.
(6) Plant Material. To ensure that all unhealthy and/or dead plant material is replaced during the first two (2) growing seasons following installation, any portion of a performance guarantee that includes landscaping shall continue for not less than two (2) years following the date of approval of the Final Development Plan.
A. All required landscaping and bufferyard requirements must also adhere to the ongoing maintenance requirements set forth in Section 929.06.
(c) Submission of Revised Final Development Plan and Commencement of Construction. Upon approval of a Final Development Plan by the Planning Commission, the applicant shall submit four (4) full size Final Development Plan sets revised to include all conditions of approval, if any, and submit a performance guarantee to the Building Commissioner. If the Building Commissioner deems the submitted plan set to be complete and accurate, the issuance of permits in accordance with all other applicable City regulations may proceed.
(1) Construction, including earth moving and all other site alterations, shall not commence until all required permits have been issued.
(d) Completion of Construction and Certificate of Occupancy. Upon completion of construction, the applicant shall notify the Building Commissioner, who shall inspect and certify that construction is complete, including installation of all improvements per the approved site and design plan. No Certificate of Occupancy, if required, shall be issued until the Building Commissioner's certification of completion has been obtained.
(e) Expiration of Final Development Plan Approval.
(1) Final Development Plan approval pursuant to this Chapter shall expire three hundred sixty-five (365) calendar days after the date of the meeting at which the Planning Commission takes final action, unless construction commences in conjunction with a valid building permit and has been certified by the Building Commissioner as complete during that period.
(2) Upon a showing by the applicant that there has been uninterrupted progress and resolution of outstanding issues during that period, the Planning Commission may, but need not, extend the Final Development Plan approval by up to one hundred eighty (180) additional calendar days from the original approval date. The Planning Commission may grant additional extensions for similar reasons, but no single extension shall exceed 180 additional calendar days.
(f) Final Development Plan Submission Requirements.
(1) The Final Development Plan shall be submitted to the Building Commissioner after satisfying the mandatory Preliminary Development Plan meeting requirements. If the plan submission is determined to be complete, 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.
(2) Four (4) copies of the Final Development Plan shall be prepared at a scale of one inch equals twenty feet (20'). Developments containing more than five acres may be drawn at a scale of one (1) inch equals fifty feet (50'). Drawings shall be made on standard twenty-four (24)-inch x thirty-six (36)-inch sheets with continuation on eight and one-half (8½)-inch x eleven (11) inch sheets as necessary for narrative.
(3) Ten (10) copies of the Final Development Plan shall also be submitted on eleven (11)-inch x seventeen (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.
(4) One (1) digital copy of the Final Development Plan set and any other plan materials or information in PDF file format shall be submitted.
(g) Final Development Plan Submittal Package Contents. A Final Development Plan shall be designed by a civil engineer registered in the State of Ohio and evidenced by the engineer's stamp being placed on the plan. The Final Development Plan shall contain the following information, as applicable:
(1) The Final Development Plan set submittal shall include all the applicable information required in Section 925.02(d) for a Preliminary Development Plan and final reports. The Final Development Plan shall be designed to a construction drawing level of detail.
(2) Existing and proposed topography shall be shown at a one foot (1') contour interval.
(3) A fully completed Traffic Impact Study, if required by the Planning Commission or the City Engineer, as provided for in Section 925.09.
(4) Illustrated drawings identifying the location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. A photometric analysis drawing 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 925.07.
(5) A Stormwater Pollution Prevention Plan (SWP3). Full compliance with all applicable Codified Ordinance Chapters shall also be required.
(6) Provide full color elevation view drawings of all proposed buildings and structures, including full color illustrations or photos of all proposed exterior building materials and exterior color selections.
(7) List of all required federal, State, County and City permits and the status of those applications.
(8) A Final landscape plan prepared by a landscape architect registered in the State of Ohio and evidenced by the landscape architect's stamp being placed on the plan. The applicable landscaping plan contents and regulations found in Chapter 929 shall apply. At a minimum, the final landscape plan shall include the following information provided at final construction level detail:
A. 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.
B. Water resources will include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas.
C. Tabular listings of existing plant material to be retained and proposed plant material within the bufferyard or landscape areas with typical planting details for trees, shrubs and ground cover.
D. Planting details for all required areas, included, but not limited to: bufferyard areas, parking lot related landscaping, street frontage landscaping, dumpster enclosure screening and ground mounted sign landscaping.
(9) The Final Development Plan shall also include any additional information or plan modifications requested by the City at the Preliminary Development Plan meeting.
(h) Phased Final Development Plan. An applicant shall have the right to submit applications for the approval of a Final Development Plan for all or any part or phase of the development contemplated by a Preliminary Development Plan.
(i) Tree or Vegetation Removal Prior to Development Plan Approval. No development or construction activity, including tree or vegetation removal, on a site shall be permitted until a Final Development Plan for such property has been approved in accordance with this Chapter, except that tree/vegetation removal and grading may be permitted subject to the requirements set forth in this Section.
(1) An application for approval and permit for tree or vegetation removal to be conducted on all or part of the property may be requested after receiving approval on the Final Development Plan application by the Planning Commission, including any required variance approvals from the Zoning Board of Appeals. A completed tree or vegetation removal application and payment of any required fee shall be submitted to the Building Commissioner for review and determination.
(2) Tree or Vegetation Removal Application Contents. Such application for tree or vegetation removal shall, at a minimum, include the following items:
A. Copies of final U.S. Army Corp of Engineer permits required of applicant.
B. Letter of recommendation for approval from Cuyahoga Soil & Water Conservation District.
C. A Stormwater Pollution Prevention Plan (SWP3).
D. A cash or surety bond, in such form as approved by the Law Director, in favor of the City, in the amount of five thousand dollars ($5,000), signed by the owner of the premises upon which the tree removal is to be conducted and each of the persons or other legal entities with whom arrangements have been made for the timbering of trees. The bond shall not be returned or released until such time as all provisions of this Section and all conditions of the permit have been satisfactorily complied with, as determined by the Building Commissioner, including, but not limited to, clean-up operations and erosion control measures.
E. Such other plans, specifications, detailed descriptions, and information which may be required by the City Engineer and Building Commissioner for proper review of such application.
(3) Eligible Site Work. The tree or vegetation removal work which may be approved hereunder shall mean tree or vegetation clearing to include removing the rooting system, and grubbing as the term grubbing is defined in the most current edition of the Ohio Department of Natural Resources Rainwater and Land Development Manual, to include roots, stumps and brush. Further the following major activities will be permitted as approved by the City Engineer: grading directly related and necessary as a result of the tree or vegetation removal, a temporary construction entrance, temporary control measures, sediment control basins, and stripping and stockpiling or hauling off site of topsoil. Topsoil may be stripped to a maximum depth of eighteen (18) inches of material.
(4) The Building Commissioner shall approve, approve with conditions or disapprove such application within ten (10) working days after receipt of such application and the plans, specifications, detailed descriptions, and information required by the City Engineer and Building Commissioner for proper review of the application. If the application is disapproved, the reasons for such denial shall be provided in writing to the applicant.
(5) Upon approval of an application, including conformance to all conditions of approval, if any, the Building Commissioner shall issue the permit for tree or vegetation removal. No work shall commence until the permit has been issued. Any permit issued hereunder shall become void unless the work authorized by it shall have commenced within thirty (30) days after its issuance or if work authorized by such permit is suspended or abandoned for a period of ninety (90) days after the time work is commenced. For the purpose of this Section, the permit holder must demonstrate a minimum of twenty-four (24) labor hours performed weekly on the project to qualify as continuous work.
(Ord. 03-2025. Passed 2-11-25.)
925.04 DEVELOPMENT PLAN STANDARDS OF REVIEW.
(a) Development Plan Review Standards. Development Plans shall be reviewed by the Planning Commission in accordance with the following criteria:
(1) Site Access, Internal Traffic Movement and Parking. Convenience and safety of both vehicular and pedestrian vehicular movement and parking within the site.
(2) Pollution Control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface water and groundwater. Full compliance with applicable City Codified Ordinance Chapters relating to stormwater, wetlands and other site improvement regulations shall be required.
(3) Nuisances. Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, and the like.
(4) Existing Vegetation Preservation. Minimizing the removal of existing vegetation. Where tree removal is required, special attention shall be given to planting of replacement trees.
(Ord. 03-2025. Passed 2-11-25.)
925.05 GENERAL SITE DESIGN STANDARDS.
(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.
(b) Vehicular and Pedestrian Access.
(1) Each site 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) Provide 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.
(c) Site Planning and Development Criteria. The site shall be designed and developed, and all structures shall be designed and arranged thereon, as to provide the following:
(1) A walkable 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) Sufficient open space for use of the occupants and the public and for visual appeal.
(3) 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).
(Ord. 03-2025. Passed 2-11-25.)
925.06 ARCHITECTURAL DESIGN STANDARDS.
(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. 03-2025. Passed 2-11-25.)
925.07 OUTDOOR LIGHTING STANDARDS.
(a) Lighting Standards.
(1) Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties.
(2) Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited.
(3) Non-cutoff light fixtures shall be prohibited.
(4) All applicable lighting standards found in this Zoning Code shall be satisfied.
(5) All lighting details shall comply with the approved Final Development Plan.
(b) Illumination Standards.
(1) Photometric Analysis Plan. A photometric analysis plan and accompanying test report addressing all proposed light fixtures on the site shall be submitted with a Preliminary and Final Development Plan and include the following information:
A. Illuminating Engineering Society of North America ("IESNA') 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.
(2) Catalog sheets 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.
(c) Minimum Illumination Standards.
(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 (5) feet.
(d) Light Pole Height. All freestanding light poles and fixtures shall not exceed fifteen (15) feet when located in any front yard or side yard nor exceed twenty (20) feet when located in any rear yard area.
(e) Light Pole Location. Any freestanding light pole and fixture shall be placed a minimum of ten (10) feet from any property line when proposed to be located adjacent to a residential zoning district or residential land use. There shall be no yard setback requirements for any freestanding light poles and fixtures when abutting any non-residential land use.
(f) Light Pole Base Standards.
(1) A light pole base located in a parking area shall not exceed forty-eight (48) inches in height as measured from the finished grade level.
(2) A light pole base shall be setback an appropriate distance from any curb to avoid conflicts with vehicles.
(g) Right-of-Way Lighting Standards. No light pole or fixture shall be placed in any right-of-way area unless expressly approved by the Planning Commission.
(Ord. 03-2025. Passed 2-11-25.)
925.08 ACCESS MANAGEMENT STANDARDS.
(a) General Access Management Standards.
(1) General standards for parking areas, circulation, and access shall be incorporated as part of the Final Development Plan as set forth in Chapter 927. As part of the 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 Final Development Plan review process, require that existing driveways be moved, combined, re-aligned, or eliminated to reduce the potential for accidents.
(b) Conditional Approval of Driveways. As part of this review process, the Planning Commission may approve a Final 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.
(1) Conditional approval of driveways may also include restrictions on turning movements, locations, or other requirements to ensure safe and efficient traffic movement.
(c) Construction and Use of Service Roads. 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.
(1) 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. 03-2025. Passed 2-11-25.)
925.09 TRIP GENERATION ANALYSIS AND TRAFFIC IMPACT STUDY.
(a) Trip Generation Analysis Report. A Trip Generation Analysis report shall be a requirement of the Preliminary Development Plan meeting. This report shall be prepared by a civil engineer registered in the State of Ohio. The Trip Generation Analysis report shall provide an initial determination whether the proposed site will generate 100 or more vehicle trips at either peak hour time frame.
(b) Traffic Impact Study. A Traffic Impact Study shall be a requirement for the Final Development Plan review if the expected Trip Generation Analysis of the site is 100 or more vehicle trips per either peak hour as identified in the Institute of Traffic Engineers (ITE) Manual or if the City Engineer requests that a full traffic study be provided, regardless of the initial Trip Generation Analysis report findings.
(1) The Planning Commission may waive the full traffic impact study requirement when the vehicle trips exceed 100 at a peak hour, if recommended by the City Engineer.
(c) Traffic Impact Study Contents.
(1) A Traffic Impact Study shall be prepared by a qualified professional civil engineer registered in the State of Ohio at the applicant'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, as applicable to the project:
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. 03-2025. Passed 2-11-25.)
925.10 CONFORMITY TO AN APPROVED FINAL DEVELOPMENT PLAN.
(a) Property subject to Development Plan review must be developed in strict compliance with the approved Final 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.
(1) 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.
(Ord. 03-2025. Passed 2-11-25.)
925.11 AMENDMENT TO A PRELIMINARY OR FINAL DEVELOPMENT PLAN.
(a) Minor Amendment to a Final Development Plan. Minor changes to an approved Final Development Plan may be reviewed and decided upon by the Building Commissioner, provided such changes comply with all applicable requirements of this Zoning Code and all other applicable laws and regulations.
(1) The Building Commissioner shall have the authority to request that the Planning Commission review and provide the decision on any proposed minor amendment.
(b) Major Amendment to a Final Development Plan. Major changes to an approved Final Development Plan shall be submitted as a Preliminary Development Plan to the Planning Commission following the full procedure set forth in Sections 925.02 and 925.03 for review and consideration. Major changes include, but are not limited to, the following:
(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 (5) feet.
(4) Changes in the character or function of access drives.
(5) Significant changes in the concept of the development.
(Ord. 03-2025. Passed 2-11-25.)
925.12 EXPIRATION AND EXTENSION OF AN APPROVED FINAL DEVELOPMENT PLAN.
(a) Expiration of an Approved Final Development Plan. Final Development Plan approval shall expire 365 calendar days after the date of the meeting at which the Planning Commission takes final action, unless construction commences in conjunction with a valid building permit and has been certified by the Building Commissioner as complete during that period.
(b) Extension of an Approved Final Development Plan. Upon a showing by the applicant that there has been uninterrupted progress and resolution of outstanding issues during that period, the Planning Commission may, but need not, extend the Final Development Plan approval by up to 180 additional calendar days. The Planning Commission may grant additional extensions for similar reasons, but no single extension shall exceed 180 additional calendar days.
(Ord. 03-2025. Passed 2-11-25.)