Silverton City Zoning Code
§ 153.06
SITE PLAN REVIEW.
(A) Site plan review applicability.
(1) In order to administer the provisions of this Zoning Code and to evaluate site plans in the interest of the public health, safety and general welfare, this section shall apply to new property development and any collective substantial expansion of existing structures, new or expanded parking lots consisting of the creation of five new parking spaces or more, except for individual single-family dwellings and two-family dwellings (duplexes). Substantial expansion of existing structures shall be defined based on the criteria established below:
Table 1: Substantial Expansion of Existing Structures | |
When the 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 |
(2) Furthermore, no building shall be erected or structurally altered on any lot or parcel in cases where a site plan review is required, except in accordance with the regulations of this section and all other applicable sections within this Zoning Code and an approved site plan. No zoning permit shall be issued prior to the approval of a site plan.
(B) Procedure for site plan review.
(1) Pre-application conference (optional).
(a) Prior to filing a site plan review application, an applicant may request a meeting with the Zoning Enforcement Officer for a pre-application conference to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of a formal site plan. The Zoning Enforcement Officer may invite additional city staff or review agencies to participate in the discussion.
(b) An applicant may also request a pre-application meeting with Planning Commission or City Council to discuss the concept of the proposed development. The applicant may request such meeting by submitting a written request, along with any supporting documents, to the Zoning Enforcement Officer for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by Planning Commission or City Council.
(c) No action can be taken by the administrative staff, Planning Commission, or City Council until the applicant submits an actual site plan application. Therefore, all discussions that occur between the applicant and/or applicant’s representative(s) and staff, Planning Commission, or City Council that occur prior to the submission of an actual application are not binding on the city and do not constitute official assurances or representations by the city or its officials regarding any aspects of the plan or application discussed.
(2) Application,
(a) Applications for site plan review shall be submitted to the Zoning Enforcement Officer with all fees and application content required pursuant to § 153.02(D) and (E).
(b) For developments also requiring conditional use approval, applications for site plan review and conditional use permit review may be submitted simultaneously.
(c) After determining a site plan application is complete, the Zoning Enforcement Officer shall transmit copies of the site plan to individual departments and agencies to solicit comments to be transmitted to the Planning Commission prior to their review.
(3) Planning Commission review.
(a) The application shall be placed on the Planning Commission’s next regularly scheduled meeting or at a special meeting, as may be necessary.
(b) Site plans shall be reviewed during a public meeting. No public hearing shall be required unless the proposed use requires a conditional use permit approval, which is to be reviewed concurrently, in which case, the site plan review and approval shall take place under the procedure established in § 153.16(C).
(c) Within 45 days following the determination that the application is complete, one of the following actions shall be taken:
1. Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and the plan meets the standards set forth in this Zoning Code;
2. Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in all applicable chapters of this Zoning Code;
3. Approval of the site plan subject to any conditions, modifications, and restrictions as required to guarantee that the project meets the standards for review; or
4. Tabling of the site plan application for a period not to exceed 90 days to provide the applicant additional time to address one or more deficiencies identified in the site plan application.
(d) If the site plan is disapproved, the specific basis for such disapproval shall be provided, along with a clear description of how the site plan could be modified to be approved. Appeals from Planning Commission decisions may be made in the manner specified in this section.
(C) Amendment to an approved site plan.
(1) Minor changes to approved site plans may be reviewed and decided by the Zoning Enforcement Officer, provided such changes comply with all applicable requirements of this Zoning Code and all other federal, state, county or township laws and regulations.
(2) Major changes must be submitted to the Planning Commission for review in the same manner as the original application was submitted or reviewed. Major changes include but are not limited to:
(a) Increases in the scope or density of land use, land area, or building size;
(b) The addition of uses and/or buildings not authorized by the original approval;
(c) The rearrangement of lot lines or building locations by more than five feet;
(d) Changes in the character or function of access drives;
(e) Significant changes in the concept of the development; or
(f) Any changes which the Zoning Enforcement Officer refuses or fails to approve.
(D) Standards for site plan review. The following standards shall be utilized by the Planning Commission in the review of all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of the site plans as well as for the Planning Commission in making their decision. Site plans should demonstrate:
(1) Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
(2) Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment; adequate parking, adequate lighting, and internal traffic control.
(3) Reasonable demands placed on municipal services and infrastructure.
(4) Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface water and groundwater. This includes controlling soil erosion both during and after construction.
(5) 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. The performance standards set forth in § 153.18(G) may apply to the site plan application.
(6) Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
(7) The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside planting, and the retention of open space.
(8) The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape.
(E) Site plan development standards. In addition to other standards from this Zoning Code that may apply to the proposed development, the following additional standards shall apply:
(1) Streetscape improvements.
(a) The applicant shall be required to install improvements along the public street area of the subject site that conform to the city's Streetscape Plan. These items may include pavers, sidewalks, street trees, street lighting and planters consistent with the specifications found in the Streetscape Plan.
(b) The Planning Commission may permit the applicant to make a streetscape improvement payment-in-lieu request where one or all of the required streetscape improvements are deemed to be premature relative to adjacent property development or the status of the overall streetscape construction phasing. In this event, the city shall transfer these monies to the City Streetscape Improvement Fund and hold the funds for no more than five years. The monies placed in this fund shall be used exclusively for streetscape improvements benefitting the applicant's property. If the streetscape improvements are not made within the five-year period, the city shall promptly return those remaining streetscape improvement funds to the applicant.
(2) Outdoor lighting standards. The outdoor lighting guidelines shall apply to all new projects and qualified expansion projects subject to this site plan review process.
(a) Lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited. Non-cutoff light fixtures shall be prohibited. A decorative light pole and fixture utilizing a traditional design style approved by the Planning Commission must be utilized for all lighting not affixed to a structure.
(b) Sidewalks and parking areas shall be properly lighted to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of 0.5-foot candles, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 foot candles, measured five feet above the surface. Lighting levels shall not exceed 0.5 foot-candles at any common property line with property zoned or used for residential uses.
(c) All freestanding light poles and fixtures shall not exceed 20 feet.
(d) Any freestanding light pole and fixture shall be placed a minimum of ten feet from any property line when proposed to be located adjacent to a residential land use. There shall be no setback requirements for any freestanding light poles and fixtures when abutting any non-residential land use.
(3) Access control requirements. General standards for parking areas, circulation, and access shall be incorporated as part of the site plan. These standards are found in § 153.19. As part of the site plan review process, access shall be reviewed relative to the distance from other drive approaches and from roadway intersections. The preferred method of providing access to parcels is to minimize or eliminate driveways by using service roads, rear access roads, or shared driveways. The Planning Commission may, as part of the site plan review process, require that existing driveways be moved, combined, re-aligned, or eliminated to reduce the potential for accidents.
(a) As part of the site plan review process, the Planning Commission may approve a site 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. Approval of driveways may also include restrictions on turning movements, locations, or other requirements to ensure safe and efficient traffic movement.
(b) When a service road is required, such improvement shall be constructed by the developer of the involved property before any occupancy or use of the parcel or structure is permitted. 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.
(4) Traffic impact study. A traffic impact study shall be a requirement for site plan review if the expected trip generation of the land use is 100 or more cars per hour as identified in the Institute of Traffic Engineers (ITE) Manual. A traffic impact study shall be prepared by a qualified professional engineer registered in the State of Ohio at the developer's expense. The traffic impact study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, and other relevant information to the site to protect the safety of the traveling public. The traffic impact study shall include the following elements:
(a) A description of the site and study area;
(b) Anticipated development of adjacent parcels;
(c) Trip generation 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; and
(i) An evaluation of the effects the proposed development will have on the level of service and roadway capacity.
(F) Conformity to an approved site plan.
(1) Property subject to site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the Planning Commission.
(2) If construction and development does not conform with the approved site plan, the approval of the site plan shall be revoked by the Zoning Enforcement Officer by written notice of the revocation being posted upon the premises involved, and mailed to the owner at his or her last known address. Upon revocation of this approval, all construction activities shall cease upon the site until the time the violation has been corrected or the Planning Commission has, upon a proper site plan application being filed by the owner, approved a modification to the site plan to coincide with the owner's construction, or altered plans for construction to be in compliance with the criteria contained in the site plan approval provisions and with the spirit, purpose, and intent of this Zoning Code.
(3) Approval of the site plan shall be valid for a period of one year beginning from the date of Planning Commission approval. If a building permit has not been obtained and substantial on-site development actually commenced within one year, the site plan approval shall become void and a new application for site plan approval shall be required and new approval obtained before any construction or site preparation work is commenced upon the site.
(4) The city shall require the posting of a surety bond, letter of credit or other similar performance guarantee to ensure that required infrastructure improvements within the public right-of-way are completed in the event that the project is abandoned. The city may suspend the zoning permit when work is not performed as required by an approved site plan.
(Ord. 2025-10, passed 5-1-25)