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Springboro City Zoning Code

CHAPTER 1284

Site Plan Review

1284.01 TITLE.

   This chapter shall constitute and be known as the "Site Plan Review" of the City and shall be a part of, and enforceable under, the Zoning Code of the City.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.02 SITE PLAN REQUIRED.

   (a)   No person shall be issued a zoning certificate pursuant to Chapter 1283 or a building permit, to commence any use or construct or alter any structure, without the prior approval of a site plan from the Planning Commission as set forth in this Chapter. No use shall be carried on, no structure shall be constructed or altered, and no other improvement or construction shall be undertaken, except as shown upon an approved site plan.
 
   (b)   No certificate of occupancy shall be issued by the Building Inspector until all improvements shown on the approved site plan have been completed in accordance with such plan, provided, however, that the Building Inspector may issue certificates of occupancy for developments which are to be staged in accordance with conditions established in connection with a site plan approved by the Planning Commission, and provided, further, that the Building Inspector may issue a temporary certificate of occupancy in accordance with Municipal ordinances, as applicable. (Ord. 0-15-4. Passed 2-19-15.)

1284.03 EXEMPTION FROM PLANNING COMMISSION REVIEW.

   All uses and structures, with the exception of the following exempt uses and structures, shall be subject to site plan review by the Planning Commission. The following uses are subject to City staff review and, if applicable, review of the Architectural Review Board.
   (a)   Certain Residential Uses. The lawful construction, alteration and occupancy of a single or two-family dwelling and buildings accessory thereto, with the exception of solar energy systems, as established in Chapter 1276 of the Planning and Zoning Code, on a lot on which there exists no other principal building or use, and any lawful use, alteration or construction are exempt from this chapter.
   (b)   Limited Additions, Limited Alterations. The following additions and alterations are exempt from Planning Commission review:
      (1)   Additions to an existing structure that increase the floor area of a building by 10 percent or 1,000 square feet, whichever is greater, provided that sufficient parking is provided and all changes comply with the requirements of this Zoning Code. If the floor area of a building is proposed to increase by more than 1,000 square feet, all elements of the site (e.g., buildings, parking, landscaping, lighting, signage, etc.) shall comply with the requirements of this Zoning Code.
      (2)   Alterations that increase the structure height less than 10 percent.
      (3)   Where permitted, limited additional and limited alterations to a PUD that conform to these provisions may also be exempt.
   (c)   Repairs and Maintenance. The ordinary repair or maintenance of a building, structure, landscaping, screening or other site improvement shall not require the preparation or approval of a site plan.
   (d)   City Buildings. Any public buildings owned and used by the City of Springboro for city services shall not require the approval of a site plan.
   (e)   Uses in the Historic District and Central Business District. Any uses in the Historic District and CBD District shall not require Planning Commission review of a site plan under this Chapter, provided that these uses obtain the necessary approval of the Architectural Review Board.
   (f)   Changes in Uses. Change in use to a similar or less intense use, provided that significant changes in the existing site design, facilities, structures or amenities are not required. (Ord. 0-15-4. Passed 2-19-15.)
 

1284.04 SUBMISSION OF SITE PLAN.

   (a)   In order to avoid unnecessary expenditures of time and resources, and to ensure a clear understanding of the requirements of this Zoning Code, any developer, builder or owner who is contemplating the filing of a site plan, as required by this Zoning Code, shall confer with the Zoning Inspector, City Engineer, or the City Manager's designee (hereinafter "Planning Director") before developing and filing a site plan.
   (b)   Every site plan shall be filed with the City as determined by the Planning Director, an electronic submission may be permitted. Each site plan shall be drawn to a size and scale acceptable to the Planning Director, and a larger scale for all or part of the area may be required by the Planning Director. Narrative attachments shall be included.
   (c)   Those elements of a site plan which require special expertise in such fields as surveying, engineering or architecture shall be prepared and certified by an appropriate professional licensed to practice in the State of Ohio.
   (d)   Every site plan shall be signed by the owner of the land to which the site plan applies or, if a corporation, by a duly authorized officer of the corporation.
 
   (e)    All site plans must be reviewed on a preliminary basis at a meeting of the Planning Commission, unless the Planning Director waives the requirement for a preliminary review. Each site plan shall be submitted in compliance with the deadlines established by the Director of Planning in advance of the Planning Commission meeting at which it will first be considered (see Figure 10 at the end of this chapter).
   (f)   Planning Commission may authorize the site plan to be placed on a meeting agenda for formal approval. Each site plan must be submitted in compliance with the deadline established by the Director of Planning.
(Ord. 0-15-4. Passed 2-19-15; Ord. O-20-28. Passed 8-20-20.)
 

1284.05 SITE PLAN CONTENTS.

    Every site plan shall show or provide by written attachments the information identified in the Site Plan Review Checklist of the City, which the City may revise from time to time. The City may require other details for the site plan to be reviewed in the course of its review.
(Ord. 0-15-4. Passed 2-19-15; Ord. O-20-28. Passed 8-20-20.)
 

1284.06 SUPPLEMENTING OR ELIMINATING REQUIREMENTS.

   (a)   Per Chapter 1278, a traffic impact analysis may be required.
   (b)   The Planning Director may supplement the requirements set forth in Section 1284.08 upon a finding that additional information is needed for an informed review of the site plan by the City staff or Planning Commission, or may waive any requirements which are irrelevant under the circumstances.
   (c)   Any requirement of Section 1284.08 so modified or eliminated shall be noted in the staff report prepared by the Planning Director pursuant to Section 1284.07 and the applicant shall be notified of any changed requirements.
 
   (d)   The Planning Director shall notify, in writing, both the applicant and the landowner of the approval or disapproval of a site plan submitted in accordance with subsection (c) hereof. Upon site plan disapproval by the Inspector, the landowner or the applicant may request a review of the site plan by the Commission in accordance with Section 1284.08.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.07 STAFF REVIEW.

   (a)   Upon the filing of any site plan, the Planning Director shall review such plan and prepare a report to be submitted with the plan to the Planning Commission, if review by the Commission is appropriate. The report shall consider those items enumerated in Section 1284.08.
 
   (b)   A copy of the submitted site plan or of a modification to a previously approved plan which may invoke concerns about soil erosion and sediment control may be referred to the County Soil and Water Conservation District for review and recommendations as to measures which should be taken to minimize erosion and prevent damage to other properties.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.08 SITE PLAN REVIEW CRITERIA APPLICABLE TO ALL LAND USES.

    The Planning Commission shall review the site plan and the reports of City staff at a meeting on a preliminary basis subject to submission of an application consistent with the deadlines established by the Director of Planning (see Figure 10 at the end of this chapter). At the preliminary review, the Planning Commission shall determine if formal review of the site plan is appropriate at its next meeting if all of the following requirements are met and/or recommend modifications thereof to the applicant or landowner if any of the following requirements are not met:
   (a)   The application shall be fully and accurately completed;
   (b)   The substance of the plan shall conform to the provisions of this chapter and any other Municipal ordinance or state or federal law, or provide an explanation of why any nonconformity should be allowed;
   (c)   The plan shall provide adequate parking, loading and vehicle stacking facilities, open space, and lighting systems. Permitted parking shall be separated by buildings or properly designed walkways, trees, greenspace or by other comparable techniques;
   (d)   The plan shall provide for adequate pedestrian and vehicular circulation within the development and adjacent public right-of-way;
   (e)   The plan shall access the public roadway via curb cuts shared with adjacent uses to the maximum extent feasible, consistent with sound traffic engineering standards;
   (f)   The plan shall provide adequate utility, waste disposal or sanitary services;
   (g)   The plan shall create a satisfactory and harmonious relationship between the development of the site and the existing and prospective development of contiguous land and adjacent neighborhoods;
   (h)   The plan shall include all dedications of easements and rights-of-way, and all public improvements, to conform to and implement municipal plans for utilities, streets and open space preservation and development.
   (i)   The plan shall include landscaping and screening in conformance with municipal ordinances, administrative standards or other reasonable criteria;
   (j)   The plan shall eliminate any existing conditions hazardous to health or safety, shall not create such conditions, and shall not create a nuisance; and
   (k)   The plan shall include all design elements and expressly state all operational limitations recommended by the Commission which are reasonably related to the public health, safety and general welfare and which are desirable to serve the premises or minimize the adverse effects of the plan on the neighborhood or community.
   (l)   Walkway/bikeways fronting on public roads shall be designed and integrated with the screening and landscaping in a manner conforming to the relevant renderings provided in the City's Bicycle Pedestrian Plan.
   (m)   Walkway/bikeway design, landscaping and plant material selection, and screening techniques shall not only relate to the development of the subject site but also coordinate with the existing and prospective development of adjacent sites and public facilities. (Ord. 0-15-4. Passed 2-19-15; Ord. O-20-28. Passed 8-20-20.)
 

1284.09 MODIFICATION OF PLAN UNDER REVIEW.

   (a)   Maintenance of Pending Status. In cases where site plan modifications have been recommended by the Planning Commission, to maintain the pending status of the application before the Commission, the applicant shall within 90days after receipt of the recommendations or such longer period as may be granted by the Commission, file a modified site plan incorporating the recommended modifications or suggested new alternatives (see Figure 10 at the end of this chapter). Failure to respond to the Commission's initial and subsequent recommendations in a timely manner as set forth above may result in denial of the application without further notice.
 
   (b)   Staff Review. Upon the filing of a modified site plan by an applicant, the Planning Director shall evaluate the changes made in the modified plan and shall prepare a report on such plan to be submitted with such plan to the Planning Commission.
 
   (c)   Planning Commission Review. The Commission shall review such plan and the aforesaid report and shall approve or disapprove such plan at the next regularly scheduled Commission meeting, provided the time limits prescribed in Section 1284.09 are met. The Commission shall base its evaluation of such plan on the criteria set forth in Section 1284.08.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.10 SITE PLANS THAT REQUIRE VARIANCES FROM THE BOARD OF ZONING APPEALS.

   If a site plan requires approval of a variance from the Board of Zoning Appeals, the applicant shall confer with City staff before filing the variance application. If the Board of Zoning Appeals approves the variance(s), the Planning Commission shall review the site plan at a Work Session pursuant to Section 1284.08 before the Planning Commission schedules a formal review. The Planning Commission may review and comment on the site plan prior to the Board of Zoning Appeals review of the variance application.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.11 APPROVAL OR DISAPPROVAL.

   (a)   Criteria for Approval. At a formal Planning Commission meeting, the Planning Commission may approve a site plan or modified site plan only upon a finding that all applicable conditions set forth in Section 1284.08 have been met.
 
   (b)   Conditional Approval. The Commission may grant approval of a site plan or modified site plan subject to conditions which it shall specify. Upon satisfaction of such conditions, as determined by the Zoning Inspector, approval shall be granted. Such approval shall be endorsed on all copies of the site plan or modified site plan and one copy shall be returned to the applicant.
 
   (c)   Filing of Record Copies. Upon approval by the Commission, a copy of the finalized site plan and narrative attachments shall be retained by the City. The Inspector shall endorse such copies indicating final approval. One copy shall be filed in the Manager's office, one copy shall be retained by the Inspector and one copy shall be filed with the Planning Director.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.12 ARCHITECTURAL REVIEW.

   All structures within a development subject to Site Plan Review under this chapter shall upon site plan comply with the provisions of Section 1262.04, Section 1264.04, and Section 1264.05, as applicable. Any uses in the Historic District and Central Business District shall obtain the necessary approval of the Architectural Review Board.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.13 CONTROL OF ISSUANCE OF BUILDING PERMITS, ETC.; RESTRICTION OF USES.

   An approved site plan shall control the issuance of all building permits, occupancy permits and other related permits. An approved site plan shall conclusively restrict the nature, location and design of all uses within the area described in the approval plan, unaffected by any subsequent change in ownership or tenancy of the premises. No occupancy permit shall be issued until an "as-built" drawing accurately showing all improvements has been submitted to the Planning Director.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.14 SITE PLAN AS CONDITION OF ZONING CERTIFICATE AND CONTINUATION OF USE.

   The continual compliance with the terms, contents and conditions of any site plan approved by the Planning Commission is a requirement for issuance of a zoning certificate, and a violation of any of those terms, contents and conditions is grounds for revoking such certificate at any time. All subsequent owners of the land and/or use covered by such site plan shall maintain compliance with the approved site plan. Failure to maintain compliance may result in termination of the use by revocation of the zoning certificate.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.15 MODIFICATION OF APPROVED SITE PLAN.

   Minor changes to an approved site plan may be approved by a writing endorsed by the Planning Director if such changes are clearly consistent with the purposes and character of the approved site plan and are in conformance with this chapter and with all other Municipal ordinances and laws. Major changes and changes where consistency with the approved plan is not clear to the Planning Director are subject to the procedural requirements of this chapter in the same manner as an entirely new plan. All applications for modifications to an approved site plan shall be filed with the Planning Director in the same format as an original site plan filing, to the extent applicable. Minor changes shall consist of the exempt uses and structures of Section 1284.03 and any changes that, due to unanticipated site constraints, or to improve safety, protect natural features or comply with unanticipated requirements of outside agencies.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.16 ADMINISTRATIVE RULES AUTHORIZED.

   The Planning Director, with the approval of the City Manager, shall make and apply such rules and regulations as are reasonably necessary for the administration and enforcement of this chapter. (Ord. 0-15-4. Passed 2-19-15.)
 

1284.17 BURDEN OF PROOF; STANDARD OF PROOF.

   The duty to come forward with evidence demonstrating compliance of a site plan with all laws and reasonable rules and regulations of the City rests solely with the applicant. Such evidence shall be sufficient in quality and quantity to be clear and convincing, unless a different standard of proof is specifically stated within the regulation at issue.
(Ord. 0-15-4. Passed 2-19-15.)
 

1284.18 EXPIRATION OF APPROVALS.

   (a)   Site Plan Review approvals shall expire 6 months following approval by Planning Commission if lawful construction has not begun. No more than one 6-month extension may be granted by the Planning Commission (see Figure 10 at the end of this chapter).
   If at the end of that time construction has not begun, then approval of such site plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
 
Figure 10. Site Plan Application Process
 
 
 
(Ord. 0-15-4. Passed 2-19-15.)