Springfield City Zoning Code
TITLE FIVE
Procedural Standards
1126.01 PURPOSE.
The purposes of this Title are to:
(a) Establish the appropriate workflows associated with each land development process;
(b) Ensure that processes comply with state law;
(c) Assign decision-making authority, completeness review, and deadlines to ensure that the processes are efficient and fair to applicants; and
(d) For discretionary or legislative decisions, provide notice and an opportunity to be heard by persons affected by the application.
1126.02 APPLICABILITY.
This Title establishes rules and procedures for specific land use decisions under the jurisdiction of the City Commission, Planning Board, Board of Zoning Appeals, Springfield Landmarks Commission, and City Staff (where applicable).
1126.03 PROCEDURAL STEPS.
This Title establishes rules for procedures, such as notices and public meetings/hearings. It then describes the process for specific land use decisions. The procedures have a common workflow using a list of basic steps. Each step is summarized with an overview description as reflected in Table 1126.03.1: Procedural Steps.
Table 1126.03.1: Procedural Steps
Step | Overview |
Applicability | This is the type of development or situation that is subject to the process. |
Initiation | This is how the applicant begins the process, including which department or official receives the application. |
Completeness | This is how the City determines that the application has sufficient information to be processed. |
Notice and Hearings | This describes the type of notice, how it is provided, and the conditions of any applicable required public meetings/hearings. |
Action | This states who reviews, recommends, and approves the application and the type of proceeding that leads to the decision. |
Approval Criteria | These are any standards that apply to the application. All applications are subject to the regulations of this Zoning Code. |
Subsequent Applications | If an application is denied, some processes have a waiting period before that type of application can be resubmitted for the property. |
Appeals | This provides a way to review an application that is denied or that has conditions that the applicant disagrees with. |
Scope of Approval | This indicates what activity the application authorizes. For example, some approvals send the applicant to the next step in the overall process, while others authorize construction or use. |
Recordation | This states how the formal approval decision is maintained. |
1126.04 APPROVAL SUMMARY.
Table 1126.04.1: Authority Table summarizes the major review procedures for land use applications and development activity in Springfield city limits and who acts on those applications. Not all procedures addressed in this Title are summarized in Table 1126.04.1: Authority Table (see subsequent sections of this Title for additional details on each procedure).
Table 1126.04.1: Authority Table
Key: X = Not Required Y= Required - = Not Applicable R= Review and Recommend D= Decision (a decision includes the review of the application) A = Appeal Decision PAC = Pre-Application Conference CDD = Community Development Director PB = Planning Board CC =City Commission BZA = Board of Zoning Appeals SLC = Springfield Landmarks Commission | Approval Authorities | |||||||
Application | Required? | CDD | PD1 | BZA | CC | SLC | ||
PAC | Notice | Public Hearing | ||||||
Entitlement Procedures | ||||||||
Amendment (Text or Map/Rezoning) | X | Y | Y | R | R | - | D | - |
Planned Development Zoning/Rezoning | Y | Y | Y | R | R | - | D | - |
Site Development Procedures | ||||||||
Conditional Use Permit | X | Y | Y | R | - | D | - | - |
Zoning Certificate | X | X | X | D | - | - | - | - |
Site Plan | X | X | X | D | - | - | - | - |
Parking Lot Permit | X | X | X | D | - | - | - | - |
Communication Facility/Tower Permit | X | Y | Y | R | - | D | - | - |
Certificate of Appropriateness2 | X | X | X | R | - | - | - | D |
Home Occupation Permit | X | X | X | D | - | - | - | - |
Relief Procedures | ||||||||
Alternative Compliance | X | X | X | D | - | - | - | - |
Variance | X | Y | Y | R | - | D | - | - |
Appeals from Landmarks Commission | X | Y | Y | - | - | D | - | - |
Appeals from Administrative Decision | X | Y | Y | - | - | D | - | - |
Notes | 1 In certain instances, CEDA (the regional planning board) may serve in the capacity as the Planning Board for application. Fore more clarity on CEDA’s role in the development process, refer to the Codified Ordinances. 2 The Community Development Director and Springfield Marks Commission both can decide a certificate of appropriateness application. See Section 1129.05 for clarity. | |||||||
1126.05 ANNEXATION.
(a) Where land previously zoned by another jurisdiction is annexed to the city, such land shall be zoned in the same zoning district as land that is already within the City and immediately adjacent to the land to be annexed.
(b) If the land immediately adjacent to the land to be annexed consists of more than one zoning district, the land to be annexed shall be zoned in the same zoning district that the majority of the land adjacent to it is located in.
(c) Land not zoned by another jurisdiction prior to annexation shall be classified in the same manner into whichever district most closely conforms to the existing use of the annexed area or in accordance with Chapter 1103. Building permits shall be issued only after the City has assigned the land a permanent zoning classification.
(d) In all cases, the appropriate permanent zoning districts for any land to be annexed shall be assigned by the City Commission and the Zoning Map shall be amended accordingly.
(e) Upon annexation of land to the city, the provisions of S.C.O Chapter 971, Floodplain Regulations, shall also become effective for such land.
(f) The City Commission shall hold a public hearing regarding annexation application prior to the acceptance of annexation. The City Clerk shall cause notice of the public hearing to be made pursuant to the previsions of O.R.C. as presently enacted or as it may be amended. Notice shall be made by the City Clerk as required by O.R.C. or as amended.
1127.01 PRE-APPLICATION.
(a) Applicability. These requirements apply to any application if the applicant elects to request a pre-application conference with the City.
(b) Initiation. Before submitting an application subject to this Title, the applicant may request a meeting with the Community Development Department concerning the plans and data as specified in this Zoning Code.
(c) Purpose of Meeting. The purpose of the meeting is to assist an applicant prior to the submittal of an application, to coordinate the technical aspects of development, inform the applicant about potential planning and development issues, and to prepare the City for upcoming development proposals.
(d) Scheduling. Any applicants wishing to discuss a development proposal with the Community Development Department shall schedule a meeting at least five (5) business days prior to the meeting.
(e) Pre-Application Conference (PAC)
(1) The pre-application conference shall include the following:
A. A discussion of technical studies, plans and other information deemed relevant to the specific application request;
B. Discussion of the anticipated level of citizen interest;
C. A discussion of the general project consistency with this Zoning Code and the Clark County Comprehensive Plan.
(2) The applicant shall provide a brief overview of the project, including proposed location, uses, densities, project layout, and design features.
(3) The Community Development Department will provide information and comments at the pre-application conference but will not take formal action on the application. In addition to provision of verbal information, the Community Development Department may provide a pre-application conference checklist.
(4) The applicant's and Community Development Department's comments are for purposes of information, but are not binding on either the City or the applicant.
(f) Documentation
(1) During the meeting, the Community Development Department may review and complete an informational checklist, based on the scope of the application.
(2) The Community Development Department will record in writing and provide the applicant any pertinent information concerning the project scope, as described by the applicant, as well as verbal guidance provided by City staff.
1127.02 SUBMITTING APPLICATIONS.
(a) General Requirements. Applications filed under this Zoning Code must include the information as required per the application forms provided by the Community Development Department as hosted on the City of Springfield, Ohio Official Website. All applications shall be made on forms prepared by the Community Development Department.
(b) Required Fees
(1) The City Commission may establish fees for all applications required in this Zoning Code.
(2) The following application fees shall be provided as required in Table 1127.02.1: Base Application Fees. Fees may be refunded as determined by the City Commission.
Table 1127.02.1: Base Application Fees
Application | Fee | |
1 to 3 - Unit Dwellings | All other Uses/ Development Types | |
Amendment Condition Use Permit Variance Appeals from Landmarks Commission | $57.00 | $285.00 |
Amendment Rezoning | $285.00 | |
Zoning Certificate Home Occupation Appeals from Administrative Decision Alternative Compliance | $25.00 | |
Communication Facility/Tower Permit | - | |
Parking Lot Permit | - | $150.00 + 1 per parking space |
(c) Review for Completeness
(1) The Community Development Department will not process incomplete applications.
(2) An application is not complete until all required items are submitted per the application forms provided by the Community Development Department as hosted on the City of Springfield, Ohio Official Website.
(3) Any required plans part of an application submittal, unless otherwise specified, shall be prepared by a qualified professional.
(4) All required plans part of an application submittal, unless otherwise specified, shall be drawn at a scale at least 20 feet to the inch.
(5) When applications are submitted, the Community Development Department will review them for completeness.
(6) The time period to process an application does not commence until the Community Development Department determines that the application is properly submitted and the applicant has corrected any deficiencies in the application.
(7) Review for completeness of application forms is solely to determine whether information required for submission with the application is sufficient to allow further processing.
(8) The Community Development Department will determine whether the application is complete and will transmit the determination to the applicant. If the Community Springfield, Development Department determines that the application is not complete, the Community Development Department will specify those parts of the application that are incomplete and will indicate how they can be made complete, including a list and description of the information needed to complete the application. No approval authority is obligated to further review the application until the required information is corrected.
(9) An approval authority may provide submittal deadlines for materials required in support of any application provided for on the City of Springfield, Ohio Official Website. Compliance with those deadlines is required to proceed with the application.
1127.03 NOTICING AND PUBLIC HEARINGS.
(a) Generally
(1) Purpose
A. The purpose of noticing is to provide a fair and consistent method to notify the community about proposed development in which the community may provide input on a particular proposed development at a public hearing.
B. The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.
(2) Rules of Procedure. The City Commission, Planning Board, and Board of Zoning Appeals may adopt rules of procedure for public meetings and hearings.
(b) City Commission. After the recommendations and report of the Planning Board have been filed, the City Commission shall before enacting any proposed amendment, hold a public hearing on the proposed amendment, giving notice of the time and place of the hearing, which notice shall be published in a newspaper having a general circulation in the city at least 30 days before the public hearing.
(c) Planning Board. The Planning Board shall before acting on any proposed application, hold a public hearing on the proposed application, giving notice of the time and place of the hearing, which notice shall be published at least 10 days before the public hearing.
(d) Board of Zoning Appeals
(1) When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately place such application or appeal upon the calendar for hearing and cause notices stating the time, place and object of the hearing to be served personally or by mail at least 10 days, excluding Saturday, Sundays and holidays, prior to the day of such hearing, upon the applicant or the appellant, and to such persons as the Board of Zoning Appeals may specify in its rules and regulations which notices, if by mail, shall be sent to the last known address of the respective property owners.
(2) The Board of Zoning Appeals shall also publish notice of such hearing in a newspaper of general circulation in Clark County at least seven days prior to the public hearing.
(3) Any party may appear at such hearings in person or by authorized agent.
(4) Upon the day for hearing any application or appeal, the Board of Zoning Appeals may adjourn the hearing to permit additional information to be secured, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may logically be concerned with such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board of Zoning Appeals so decides.
1127.04 ADMINISTRATIVE REVIEW.
(a) Review by Other Departments, Divisions, and Entities. The Community Development Department staff may forward copies of the application to various local, regional (the Regional Planning Commission), state and federal entities and departments for their review and comment. The Community Development Department may ask the reviewers to respond in writing or attend an application review meeting with the Community Development Department.
(b) City Staff Review. City staff shall review the application and supporting information. This may occur in a meeting with the applicant and representatives of other entities or departments. After reviewing the information, the Community Development Director shall prepare a report summarizing the information for the approval authorities and providing a recommendation for action and any proposed conditions. The applicant or other interested parties may obtain a copy of the staff report from the department before the meeting at which the application is scheduled to be presented.
(c) Staff Report. If an individual section of this Title delegates to staff the authority to
approve, approve with conditions/modify, or deny/disapprove an application, the staff report may include a written decision to that effect.
1127.05 ACTION AND DECISIONS.
(a) Generally
(1) Action. Approval authorities shall hold regularly scheduled public meetings and hearings to receive and review public input on items required by this Zoning Code. Recommendations and decisions shall be rendered in a timely manner, based upon the specific requirements of the following:
A. Conformance with these regulations, the Clark County Comprehensive Plan, and other adopted plans, design guidelines and policies;
B. Recommendations of staff and approval authorities;
C. Input of reviewing agencies and departments;
D. Public comment and testimony received at the hearing; and
E. Effects of the proposal on the neighborhood, area, and community-at-large.
(2) Authority to Condition Development Approvals
A. After review of the application, other pertinent information or documents, and any evidence made part of the public record, approval authorities may impose conditions that are reasonably necessary to assure compliance with applicable general or specific standards expressed in these regulations.
B. The Community Development Director shall include a copy of the conditions with the record of decision.
C. The applicant shall be notified of any conditions imposed on the application.
(b) City Staff. City staff decisions shall be rendered in a timely manner, based upon the specific requirements of the following:
(1) Conformance with this Zoning Code, the Clark County Comprehensive Plan, and other adopted plans, design guidelines and policies; and
(2) Input of reviewing agencies and departments.
1127.06 APPLICATION WITHDRAWAL.
(a) Generally. An application may be withdrawn at any time prior to formal consideration by an approval authority.
(b) No Public Meeting/Hearing Required. If no public meeting/hearing is required, the applicant shall give notice of the withdrawal to the Community Development Director at the earliest possible time.
(c) Public Meeting/Hearing Required. If a public meeting/hearing is required, an applicant may request a withdrawal from the Community Development Director at any time prior to the opening of the meeting. Once the public meeting/hearing is opened, the approval authority shall decide whether to approve the request and may instead act on the application.
1127.07 SCOPE OF APPROVAL.
(a) Generally. The approval authority may take any action on the application that is consistent with the notice given (if applicable), including approval of the application, conditional approval of the application, or denial of the application.
(b) Revisions. The approval authority may allow revisions to the application if the effect of the revision is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. The approval authority may not permit a greater amount of development, a more intensive use, a larger area of land than indicated in the original application, or a greater variance than was indicated in the notice.
1127.08 POST-DECISION REVISIONS.
(a) Minor Revisions
(1) The Community Development Director may approve minor revisions to the terms of an approved application. "Minor revisions" are those that are necessary in light of technical considerations discovered after the decision on the application, and that do not substantively change the character of the approval. Minor revisions include but are not limited to:
A. An increase in gross floor area not exceeding 35%;
B. Substitution of landscape materials if the proposed materials are of a similar shape, size, and type;
C. Location of trees; and
D. Changes to building materials, parking lot design, screening elements, building location, or similar elements of site or building design, that would improve the site or are needed because of circumstances not foreseen at the time of application approval.
(2) Minor revisions must be authorized in writing.
(3) Minor revisions are subject to appeal to the Board of Zoning Appeals. On appeal, no further action will be taken to process the application, and/or issued permits are stayed pending the Board of Zoning Appeal's determination.
(b) Major Revisions
(1) A major revision is any revision that the Community Development Director determines exceeds the conditions of a minor revision.
(2) A major revision is approved by the original approval authority and is required in accordance with the procedures established for the original consideration of the application.
(3) In making a major revision determination, the Community Development Director may seek a recommendation from any approval authority involved in the original application process.
1127.09 APPEALS.
(a) Generally
(1) Any decision may be appealed.
(2) Any party aggrieved by a decision may seek judicial review in any court of competent jurisdiction pursuant to general law.
(3) Certain decisions may be appealed to a specific approval authority as established in CHAPTER 1130 - Relief Procedures.
(b) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Community Development Director certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the Board of Zoning Appeals after notice to the Community Development Director, or by judicial proceedings.
1128.01 AMENDMENT (TEXT OR MAP/REZONING).
Figure 1128.01.1: Amendment Flowchart
(a) Applicability. This Section applies to amend or change the regulations of this Zoning Code. This includes the regulations and boundaries or classification of property contained within this Zoning Code or a change to the Zoning Map (rezoning). (b) Initiation. An amendment may be initiated by: (1) City Commission on its own motion; (2) Planning Board recommendation; (3) Community Development Department; or (4) On petition by a resident or their authorized agent. (c) Completeness (2) In addition to the requirements provided in Section 1127.02 (c), the following items shall be provided for any amendment to the Zoning Map: A. A plot plan of the petitioned property and all other properties within 200 feet of the lands; |  |
B. The names and addresses of all property owners of the petitioned property and those within 200 feet of any part of the petitioned property; however, when 10 or more contiguous properties are joined in one petition by motion of the City Commission or instigation by the Planning Board, the names and addresses of those of the petitioned properties and those within 200 feet need not be;
C. A written statement setting forth the reasons for amending the Zoning Map as petitioned; and
D. Any other documentation as necessary to process the proposed Zoning Map amendment.
(d) Notice and Hearing(s)
(1) Noticing shall be provided twice, once for each public meeting, and shall comply with Section 1127.03 and state law, as applicable.
(e) Action
(1) Community Development Director Review and Recommendation. The Community Development Director shall review the amendment and provide a recommendation to the Planning Board to:
A. Approve the amendment;
B. Deny the amendment; or
C. Approve the amendment with modifications.
(2) Planning Board Review and Recommendation
A. Generally. The Planning Board shall review the amendment and submit a recommendation and report to City Commission to:
i. Approve the amendment;
ii. Deny the amendment; or
iii. Approve the amendment with modifications.
B. Timing
i. The Planning Board's recommendation and report shall be provided within 45 days of the applications filing date to the City Commission.
ii. If the Planning Board does not submit a report within 45 days of the filing date of the application, it shall be considered to have submitted a report approving the proposed amendment.
iii. An applicant may waive this time limitation in writing.
(3) City Commission Decision. The City Commission shall consider the amendment at a public hearing after a report and recommendation has been provided by the Planning Board. After the public hearing is closed, the City Commission shall, by ordinance:
A. Approve the amendment;
B. Deny the amendment; or
C. Approve the amendment with modifications.
(f) Approval Criteria. An amendment to this Zoning Code or the Zoning Map is a legislative decision subject to the City Commission's discretion. The City Commission may approve the amendment if it:
(1) Is consistent with the Clark County Comprehensive Plan, long-range planning policies, or other strategic goals of the City; and
(2) Promotes and protects public health, safety, and general welfare.
(g) Subsequent Applications. Not applicable.
(i) Scope of Approval. The approval of an amendment does not authorize the development of land; however, an amendment may facilitate other Zoning Code applications, permits, or actions that are consistent with the standards and requirements of this Zoning Code.
(j) Recordation. The amendment shall be codified and published as part of the Springfield Codified Ordinances by the City Clerk.
1128.02 PLANNED DEVELOPMENT ZONING/REZONING.
Figure 1128.02.1: PD Zoning/Rezoning Flowchart
(a) Applicability (1) Lands Eligible for Inclusion in a PD District A. A PD district shall be comprised only of contiguous lands forming a single, cohesive area to be developed as a unit, either at one time or in phases. No PD district may surround an island of land not included as part of the PD district. B. No PD district shall be established unless all owners of freehold estates in the lands included within the proposed PD district have given their consent, in writing, to the establishment of the proposed PD district and to their lands being made subject to the PD Ordinance to be adopted by the City Commission and to the terms of the Master Development Plan related thereto and unless all such owners have provided all legally binding instruments the City Commission finds are necessary to the enforcement of long term obligations imposed under the said PD Ordinance and Master Development Plan. |  |
(b) Initiation. A Planned Development Zoning/Rezoning Flowchart Zoning/Rezoning may be initiated on petition by the owner or authorized agent of the subject property.
(c) Completeness
(2) Pre-application Conference
A. Prior to the submission of an application for the establishment of a PD district, the applicant (along with such consultants and professional advisors as the applicant chooses to attend) shall meet with the Community Development Director (along with such other City staff members which the Community Development Director deems appropriate) for the purpose of assisting the applicant in submitting a complete and compliant application for consideration by the Planning Board. Upon receiving a request for a pre-application conference from a prospective applicant, the Community Development Director shall schedule a pre-application conference at City Hall to be held within 25 days of the prospective applicant's request for a pre-application conference. The prospective applicant may request, in writing, that the pre-application conference be scheduled for a later date. The applicant shall have prepared and shall have delivered to the Community Development Director at least six copies of the following data at least five days prior to the scheduled pre-application conference date:
i. A sketch plan of the proposed PD district;
ii. A statement:
a. Of the total number of acres in the proposed PD district;
b. Of the number and type of structures and lots;
c. Of the number of acres to be occupied by each type of use in the proposed PD district;
d. Explaining the objectives of the proposed Planned Development and the uses to be included within the proposed PD district; and
iii. Any known:
a. Deviations from subdivision regulations to be sought; and
b. Plans for private utilities, amenities, and roadways.
Notwithstanding the foregoing, the applicant may, at the applicant's option, submit a complete draft PD district application in lieu of the above mentioned items.
B. If the applicant fails to submit the above mentioned data to the Community Development Director at least five days prior to the scheduled pre-application conference, the Community Development Director shall reschedule a preapplication conference for a date after the above mentioned data has been delivered to the Community Development Director, but no later than thirty days after the above mentioned data has been delivered to the Community Development Director.
C. After the initial pre-application conference, the Community Development Director may schedule such additional pre-application conferences as the Community Development Director finds to be necessary to enable the applicant to submit a complete and compliant application for consideration by the Planning Board.
(3) The applicant seeking to have land rezoned as a PD district shall submit to the Community Development Director six copies of a PD Rezoning Application which shall include the following:
A. An opinion of an Ohio-licensed attorney, which is addressed to The City of Springfield, Ohio and upon which the City may rely, containing a good and sufficient legal description of the lands which are the subject of the application and stating all owners of freehold estates in such lands. If one or more applicants is a holder of a contractual right to become an owner of a freehold estate in such lands, then the application shall also include a true copy of the document establishing such contractual right and an opinion of an Ohio-licensed attorney, which is addressed to The City of Springfield, Ohio and upon which the City may rely, verifying that the said document is legally binding on the parties thereto in accordance with the terms of such document.
B. A Preliminary Master Development Plan which shall include the following exhibits:
i. A statement of objectives describing the proposed Planned Development's:
a. General purpose;
b. General character;
c. Permitted and prohibited uses; and
d. Rationale supporting the assumptions and choices made by the applicant.
ii. A vicinity map drawn to a scale to show an area of no less than 1,000 feet surrounding the proposed PD district ( a larger area may be required if the Planning Board determines that information on a larger vicinity is needed to properly review the application) showing the location of the proposed Planned Development in relation to:
a. Existing streets and thoroughfares, showing the location and size of all existing utilities facilities, including drainage, water, sewer, electrical, and fire hydrants;
b. Existing public and private facilities, including but not limited to, schools, recreation areas, public utility facilities, stormwater detention facilities and police and fire stations;
c. Existing zoning and existing land uses on the proposed PD district site and on surrounding areas; and
d. Existing easements on the proposed PD district site;
iii. A boundary survey plat map and good and sufficient legal description of the lands which are the subject of the application (such legal description being compliant with the requirements of the Clark County, Ohio County Engineer for conveying interests in real estate).
iv. A topographic survey using the most recent United States Geological Service topographic survey if more detailed topographic information is not available.
v. A site analysis map drawn to the same scale as the Preliminary Master Development Plan plat map, described below, which shall indicate flood prone areas, areas with slopes greater than five percent (5%), areas of soils which are marginally suited for development purposes and a tree survey (including tree cover, existing vegetation and other natural areas of significance as indicated in an accompanying Natural Area Inventory prepared by an ecologist or similarly trained environmental specialist).
vi. A Preliminary Master Development Plan plot plan drawn to a scale suitable to clearly depict the following characteristics of the proposed PD district (the scale for the vicinity map being a minimum standard):
a. Proposed land uses within the proposed PD district and their location;
b. Proposed lot sizes within the proposed PD district, indicated either by lot lines drawn in their proposed location or a statement on the face of the Preliminary Master Development Plan concerning proposed lot sizes, including minimum lot sizes;
c. Proposed setbacks defining the distance buildings will be set back from:
1. Property lines surrounding the proposed PD district;
2. Proposed and existing streets and alleys, identified as either public or private;
3. Other proposed buildings;
4. The center line of ditches, streams, creeks and the high water line of lakes and ponds;
5. Lot lines within the proposed PD district; and
6. Other human-made or natural features which would be affected by building encroachment.
d. Proposed maximum height of buildings within the proposed PD district;
e. Proposed common open spaces, the intended purposes and uses of such common open spaces, their location and size and the parameters limiting use of such common open spaces;
f. Arterial and collector streets and thoroughfares, if any, and point(s) of connection for access roads to the Planned Development;
g. Local access streets and interior circulation roadways, paths and trails, public and private, vehicular and pedestrian, within the proposed PD district;
h. Proposed common outdoor storage areas, their location and size and the parameters limiting use of such common storage areas;
i. Proposed lot lines within the proposed PD district;
j. Proposed buffers and their location, design and a maintenance plan; and
k. Undeveloped areas.
vii. A table showing proposed acreage for each category of land use within the proposed PD district.
viii. A table showing gross density and net residential, commercial, office, and industrial acreage.
ix. A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building and impervious surface coverage expressed as a percent of the front yard, rear yard, and total site area for residential and nonresidential uses within the proposed PD district.
x. A proposed utility service plan pertaining to sanitary sewers, storm drainage, potable water supply, street lighting, energy supply, telecommunications and data transmission showing general locations of major water and sewer lines, lift stations, and indicating whether gravity or forced systems are planned as well as locations of other major utility infrastructure. Utility infrastructure shall be identified as either public or private.
xi. A proposed sign plan identifying the location, size and type of signs to be placed on the Planned Development.
xii. A description of each development stage of the proposed Planned Development, if the proposed PD district is to be developed in phases.
xiii. A proposed construction/development schedule for the Planned Development and each phase thereof.
xiv. Proposed deed and easement documents for public infrastructure within the PD district and proposed easement documents for proposed common areas, ingress and egress rights-of-way for lots within the proposed PD district and such other conveyance documents necessary to establish permanent rights needed by owners and occupants of the proposed Planned Development.
xv. Proposed land covenants necessary to provide for permanent protection of rights of land owners within the proposed PD district, to provide for long term enforcement of conditions intended to protect the interests of land owners in neighboring areas and to provide for permanent protection of land features and characteristics of the proposed Planned Development.
xvi. A draft proposed PD Ordinance in a format prescribed by the Community Development Director and approved by the Law Director.
xvii. Proposed financial assurances and security or other mechanisms necessary to effectively ensure completion of public improvements, completion of construction of Planned Development phases, long term maintenance of common areas and other amenities in the proposed Planned Development, long term maintenance and preservation of Planned Development features intended to mitigate adverse effects on neighboring areas and areas within the proposed Planned Development and preservation of the attributes of the proposed Planned Development necessary to integration of the uses permitted therein accomplish the purposes of this Chapter as pertaining to the proposed Planned Development.
(4) At any time during the application review process, the Planning Board may require the applicant to supplement its application to provide such additional data as the Planning Board may require to evaluate the character and impact of the proposed PD district.
(d) Notice and Hearing(s)
(1) Noticing shall be provided twice, once for each public meeting, and shall comply with Section 1127.03 and state law, as applicable.
(e) Action
(1) When an application to establish a PD district is in good order, complete and compliant with the requirements of this Section, it shall be submitted to the Planning Board. An applicant may waive, in writing, the 45 day deadline for consideration of a zoning amendment petition by the Planning Board.
(2) After the Planning Board's due consideration of an application for establishment of a PD district, the Planning Board shall prepare and submit to the City Commission a written report of its findings which form the basis of the Planning Board's recommendation and shall make its recommendation on such application to the City Commission by:
A. Recommending adoption of the PD district to which the applicant has consented, in writing as required in this Chapter, and tendering to the City Commission a PD Ordinance to establish the PD district; or B. Forwarding to the City Commission a PD Ordinance to establish the PD district to which the applicant has consented, in writing as required in this Chapter, but recommending that the PD district proposed in the forwarded PD Ordinance not be established.
(3) In the event the City Commission considers a PD Ordinance which is materially different from the PD Ordinance recommended by the Planning Board, the applicant must consent, in writing, to such modified PD Ordinance (as required in this Chapter) and the considered PD Ordinance shall be adopted only by the affirmative vote of at least four members of the City Commission.
(f) Approval Criteria
(1) This section is intended to provide guidance to the City staff in assisting applicants wishing to petition for establishment of a PD district and to provide guidance to the Planning Board in its consideration of and adjustment of a Preliminary Master Development Plan and in designing a PD Ordinance to be recommended to the City Commission, if a PD district is to be recommended.
(2) The Planning Board shall consider the following matters in reviewing and adjusting a Master Development Plan and designing a PD Ordinance to be recommended to the City Commission:
A. Whether the proposed PD district meets the qualifications of this Section.
B. What permitted uses are appropriate for the proposed PD district;
C. Compliance with stormwater regulations;
D. Conformance to density policies established by the Clark County Comprehensive Plan or by the City Commission;
E. The location and sizing of buildings so as to provide adequate light and ventilation to protect the health of the occupants and users of the Planned Development;
F. The location and sizing of buildings so as to provide necessary access for fire apparatus and other emergency vehicles;
G. The location and sizing of buildings so as to provide a reasonable degree of privacy for residents and occupants of the Planned Development;
H. Establishing appropriate setback and yard requirements for the proposed Planned Development;
I. Ingress and egress for the proposed Planned Development from and to public thoroughfares and traffic circulation within the proposed PD district and avoidance of overburdening existing public thoroughfares;
J. Establishing appropriate open space for recreation and to establish an attractive environment that is beneficial to the public health, safety and welfare;
K. Determine whether appropriate land will be dedicated to public use for public roadways, public utilities, public recreation facilities and public parks;
L. The location and sizing of public utilities within the proposed PD district to ensure adequate service within the proposed PD district and to avoid overburdening existing public utilities;
M. The use of and design of buffers within and on the boundary of the proposed PD district to separate uses and to mitigate substantially adverse effects on property within the proposed PD district and on property in neighboring areas and compliance of buffers with CHAPTER 1117 - Landscaping and CHAPTER 1120 - Screening and Fencing of this Zoning Code;
N. The provision of adequate parking, the location of parking facilities and whether off-street parking should be permitted which deviates from the requirements of CHAPTER 1116 - Parking and Loading of this Zoning Code;
O. The grouping of buildings and the variety and design of building types;
P. The compatibility of land uses within the proposed PD district and the compatibility of land uses permitted in the proposed PD district with lawful land uses existing in neighboring areas;
Q. The impact of land uses within the proposed PD district on environmental features of the proposed PD district which are to be preserved and on environmental features in neighboring areas;
R. The need for limitation on land uses within the proposed PD district in furtherance of the purposes of this Chapter and the compatibility of land uses within the proposed PD district and with land uses in neighboring area;
S. The form of ownership interests intended for the Planned Development;
T. Access to public transportation systems;
U. The location and design of landscaping within the proposed PD district and compliance with the Zoning Code;
V. The location and design of signs within the proposed PD district and compliance with the Zoning Code;
W. The appropriate size for subdivision lots within the proposed PD district for the various uses permitted within the proposed PD district;
X. Every lot within the proposed PD district is required to have access to a public thoroughfare either directly or by means of a private road;
Y. Streets within the proposed PD district, public or private, are required to conform to the minimum requirements of Part Twelve of the Codified Ordinances and to the specifications for public roadway structures adopted by the City Engineer, whether the roadway is public or private, but alleys may deviated from the minimum requirements of Part Twelve of the Codified Ordinances if the City Fire Chief determines that such deviation will not prevent access to abutting properties by fire apparatus;
Z. How is development of the proposed PD district to be completed in progressive phases and whether the proposed schedule development of the PD district is practical and will accomplish build out of phases of the Planned Development within a reasonable time;
AA. What land covenants, easements, other interests in real estate and financial assurances and security are necessary to ensure completion of public improvements, completion of construction of the Planned Development phases, long term maintenance of common areas and other amenities in the Planned Development, long term maintenance and preservation of Planned Development features intended to mitigate adverse effects on neighboring areas and areas within the Planned Development and preservation of the attributes of the Planned Development necessary to integration of the uses permitted in the proposed PD district;
BB. What precautions are to be taken to preserve environmental attributes of the proposed PD district which are to be retained and on environmental features in neighboring areas;
CC. What standards should the PD Ordinance contain to govern exercise of Planning Board discretion in administering the PD Ordinance and approving modifications to the Master Development Plan over time; and
DD. What uses should be specifically prohibited within the proposed PD district.
(g) Subsequent Applications
(1) This Subsection applies if:
A. The applicant withdraws a Planned Development Zoning/Rezoning application after notice of hearing is published; or
B. The City Commission denies a Planned Development Zoning/Rezoning application.
(2) If the above requirements apply, the applicant shall not submit a Planned Development Zoning/Rezoning application for the same zoning district request on the same property for at least six months.
(3) The above waiting period begins with either the date of withdrawal of the prior application before the Planning Board or City Commission or the date of the City Commission's denial of the prior application.
(h) Appeals. Not applicable.
(i) Scope of Approval
(1) An approval letter shall be issued certifying the PD zoning request is compliant with the conditions of this Zoning Code which may permit the applicant to apply for other permits and plans.
(2) The Planning Board shall administer each PD Ordinance in accordance with the standards for such administration established in the PD Ordinance and shall administer such PD Ordinance in a manner consistent with accomplishing the purposes of this Chapter set forth in Section 1113.01. Administration of a PD Ordinance may include modification of the Master Development Plan; provided such modification is in compliance with the standards for administration established in the PD Ordinance and is consistent with accomplishing the purposes of this Chapter set forth in Section 1113.01.
A. Property owners seeking a modification of the Master Development Plan governing their land may file a written request for modification with the Planning Board describing the modification requested and providing all data needed by the Planning Board to determine whether such requested modification can be approved under the standards established in the PD Ordinance governing such land.
B. The Planning Board shall consider a request for modification only when all owners of freehold estates in the subject land have joined in making the request.
C. The Planning Board may require that a request be supplemented with such additional data as the Planning Board determines is necessary to determine whether a requested modification should be granted.
D. The Planning Board shall grant the requested modification if the Planning Board is able to find that the requested modification is in compliance with the standards for administration established in the PD Ordinance and is consistent with accomplishing the purposes of this Chapter set forth in Section 1113.01.
(3) If all or a portion of a Planned Development is rezoned, the Planning Board shall direct the Community Development Director to submit an affidavit to the Clark County, Ohio County Recorder giving notice to the public that the relevant portion of the Planned Development is no longer subject to the PD Ordinance. The affidavit shall be in a form approved by the Law Director.
(4) The Board of Zoning Appeals shall perform the functions delegated to it pertaining to a PD district.
(5) No building permit shall be issued for any construction within a PD district until after the applicant has achieved full and complete compliance with the requirements of this Section, as specified in the PD Ordinance.
(j) Recordation
(1) After adoption of a PD Ordinance by the City Commission, the land owners within the PD district shall record with the Clark County, Ohio County Recorder an affidavit notifying the public that the lands described in the PD Ordinance have been made subject to the PD Ordinance. The affidavit shall be in a form approved by the Law Director.
(2) After adoption of a PD Ordinance by the City Commission, the land owners within the PD district shall also record with the Clark County, Ohio County Recorder such other deeds, easements declarations of land covenants and such other conveyances of interests in real property as the PD Ordinance requires.
(3) After adoption of a PD Ordinance by the City Commission, the applicant shall deliver to the City proof acceptable to the City Manager and Law Director that such financial assurances, security and other mechanisms as are required under the PD Ordinance are in place, properly funded and enforceable.
(4) If a Planned Development or a phase of a Planned Development is not under substantial construction within 24 months after the commencement date for the relevant portion of the Planned Development, as specified in the Development Schedule adopted in the PD Ordinance; then, upon a determination by the City Commission that the PD Ordinance shall not be amended to allow an extension of time to commence substantial construction of the relevant portion of the Planned Development, the Planning Board shall proceed to consider whether such lands included in the portion of the Planned Development may be rezoned and shall make its recommendation to the City Commission.
1129.01 ZONING CERTIFICATE.
Figure 1129.01.1: Zoning Certificate Flowchart
(a) Applicability (1) No land or structure shall be used or converted nor a building permit issued for the construction of a building or structure until a zoning certificate has been issued by the Community Development Director. (2) Failure to obtain a zoning certificate is a Zoning Code violation. (b) Initiation. The applicant shall submit a zoning certificate application to the Community Development Director once all required permits and applications are approved. (c) Completeness (2) In addition to the requirements provided in Section 1127.02 ( c), the following items shall be provided: |  |
A. Name, address and phone number of the applicant;
B. Legal description of the property;
C. Existing and proposed uses of the property; and
D. Zoning district of the proposed use.
(d) Notice and Hearing(s). Not applicable.
(e) Action. Within five working days after a receipt of a zoning certificate application, the Community Development Director shall review and act to:
(1) Approve the zoning certificate; or
(2) Disapprove the zoning certificate.
(f) Approval Criteria. The Community Development Director shall approve the zoning
certificate application if it complies with:
(1) All applicable requirements and provisions of this Zoning Code;
(2) All applicable requirements of the Codified Ordinances, including the Building Code and Fire Code; and
(3) Any conditions of any currently applicable and unexpired rezoning, conditional use permit, development plan, variance, or appeal decisions that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a zoning certificate.
(g) Subsequent Applications. Not applicable.
(h) Appeals. Not applicable.
(i) Scope of Approval
(1) Generally
A. An approval letter shall be issued certifying the zoning certificate is compliant with the conditions of this Zoning Code which may permit the applicant to apply for other permits and plans.
B. A zoning certificate authorizes the use of land and occupancy of a building or structure as shown in the approved application.
C. A zoning certificate shall remain in effect as long as the use of such building or land is in full conformity with the provisions of this Zoning Code and with any conditions upon which such certificate was issued.
D. A temporary zoning certificate may be issued when a delay in the planting of trees is warranted, or a delay in the paving of parking and stacking spaces, driveways or aisles is warranted.
(2) Revocation
A. A use shall be established on the basis of the application and plans approved with a zoning certificate by the Community Development Director. Any use established contrary to that authorized shall be deemed a violation of this Zoning Code.
B. The Community Development Director may issue a revocation notice to revoke a zoning certificate that was issued contrary to the code based upon false information or misrepresentation in the application.
C. Written notice of such revocation shall be given to the person holding the zoning certificate together with notice that further work, as described in the canceled zoning certificate, shall not proceed unless and until a new zoning certificate has been obtained or an extension granted.
(3) Expiration
A. If the work described in any zoning certificate has not been completed within the time specified, the zoning certificate shall expire.
B. The zoning certificate shall be revoked by the Community Development Director according to the procedures prescribed in Section 1129.01(i)(2).
(j) Recordation
(1) The Community Development Department shall maintain a record of all zoning certificates, and copies shall be furnished upon request to any person.
(2) When plans are required, one copy of the plans shall be returned to the applicant after the Community Development Director has marked such copy either as approved or disapproved and so attested by signing the copy. One copy of the plans, similarly marked, shall be retained by the Community Development Director.
1129.02 CONDITIONAL USE PERMIT.
Figure 1129.02.1: Conditional Use Permit Flowchart
(a) Applicability. This Section applies to any application for approval of: (1) A use designated as a conditional use in Table 1104.03.1: Use Table; (2) Any person who desires to replace a lawful nonconforming use with another nonconforming use; or (3) Any other unique development activity requiring action by the Board of Zoning Appeals during initial review as determined by the Community Development Director. (b) Initiation. A conditional use permit may be initiated by the owner or applicant of the subject property. (c) Completeness |  |
(2) An applicant shall specify the section of this Zoning Code under which the conditional use permit is sought and may suggest, in a draft conditional use permit, such proposed conditions as the applicant believes are necessary and sufficient to warrant issuances of the conditional use permit applied for.
(3) The application shall include such evidence as is necessary and sufficient to demonstrate that issuance of the applied for conditional use permit is warranted when the standards identified in this Section are applied.
(4) A conditional use permit application shall include the following:
A. A site and development plan at an appropriate scale showing:
i. Proposed placement of structures on the subject property;
ii. Provisions for ingress and egress;
iii. Off-street parking and off-street loading areas;
iv. Refuse and service areas; and
v. Required yards and other open spaces;
B. Plans showing proposed locations for utility connections;
C. Plans for proposed screening and buffering, if any, with reference as to type, dimensions, and character;
D. The type, dimensions, and character of any proposed:
i. Landscaping;
ii. Signs; and
iii. Site lighting; and
E. If applicable, compliance with any additional regulations required for a particular conditional use as provided in TITLE Three -Use Standards.
(d) Notice and Hearing(s)
(e) Action
(1) Community Development Director Review and Recommendation. The Community Development Director shall review the conditional use permit and provide a recommendation to the Board of Zoning Appeals to:
A. Approve the conditional use permit;
B. Deny the conditional use permit; or
C. Approve the conditional use permit with conditions or modifications.
(2) Board of Zoning Appeals Decision. The Board of Zoning Appeals shall consider the conditional use permit at a public hearing after a recommendation has been provided by the Community Development Director. After the hearing is closed, the Board of Zoning Appeals shall act to:
A. Approve the conditional use permit;
B. Deny the conditional use permit; or
C. Approve the conditional use permit with conditions or modifications.
(f) Approval Criteria
(1) Decision to Approve
A. Generally. The Board of Zoning Appeals shall review the facts and circumstances of the conditional use permit application and shall approve a conditional use permit only if the applicant demonstrates that the proposed conditional use:
i. Would not be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects.
Note: The Board of Zoning Appeals may use and give recognition to those performance standards which are available in model codes or ordinances, or have been developed by planning, manufacturing, health, architectural and engineering organizations, and can be applied to the proposed use, to assist it in reaching a fair and objective decision;
ii. Is in fact a conditional use as established under the provisions of this Zoning Code as eligible to be permitted in the district involved;
iii. Will be harmonious with and in accordance with the general objectives, or with any specific objective of this Zoning Code;
iv. Will be designed, constructed, operated and maintained as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;
v. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
vi. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
vii. Will have ingress and egress for the subject property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares and which shall not be detrimental to vehicular and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
viii. Will locate off-street parking, loading areas, refuse deposit locations, service areas, utility connection facilities, signs and site lighting so as not be detrimental to vehicular and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe and so as not to result in detrimental economic, noise, glare or odor effects on adjoining properties and properties generally in the district.
B. Compatibility. In considering the compatibility of the proposed conditional use with all adjacent uses and structures, the Board of Zoning Appeals shall consider:
i. The existing land use pattern;
ii. The impact of the proposed conditional use upon the load on public facilities such as schools, utilities, and streets;
iii. Changed or changing conditions which find the proposed use to be advantageous to the community and the neighborhood;
iv. The impact of the proposed use upon living conditions in the neighborhood;
v. The impact of proposed use upon traffic congestion and public safety matters;
vi. The impact of the proposed use upon stormwater drainage;
vii. The impact of the proposed use upon light and air to adjacent areas;
viii. The impact of the proposed use upon property values in the adjacent area;
ix. The impact of the proposed use upon the improvement or development of adjacent property in accordance with existing regulations; and
x. The impact of the proposed use with regard to the scale of needs of the neighborhood or the community.
C. Upon Authorization
i. Upon authorizing a conditional use, the Board of Zoning Appeals shall impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular conditional use, as the Board of Zoning Appeals may deem necessary for the protection of adjacent properties and the public interest in furtherance of the purpose of this Zoning Code.
ii. The Board of Zoning Appeals shall issue written findings of fact and its written determination that the standards specified in this Section, when applied to the conditional use permit applied for, warrant issuance of the conditional use permit.
(2) Decision to Deny
A. If the Board of Zoning Appeals is unable to find adequate evidence showing that the proposed conditional use is warranted when the standards specified in this Section are applied, then no conditional use permit shall be issued.
B. In denying a conditional use permit, the Board shall issue written findings of fact and its written determination that the standards specified in this Section when applied to the conditional use permit applied for do not warrant conditional use permit approval.
(g) Subsequent Applications. The applicant shall not file a subsequent application for a conditional use permit for a particular parcel of property, or part thereof, until the expiration of 12 calendar months from the denial decision date of the initial conditional use permit applied for; unless the Board of Zoning Appeals specifically waives the waiting period based upon a determination that either:
(1) That the new application proposes a conditional use materially different from the initial conditional use which was denied;
(2) That not waiving the waiting period will impose a substantial hardship on the applicant resulting from the applicant's mistake or inadvertence; or
(3) That newly discovered matters warrant waiving the waiting period.
(h) Appeals. Not applicable.
(i) Scope of Approval
(1) Generally. The approval of a conditional use permit does not authorize the development of land. A conditional use permit allows the applicant to initiate other Zoning Code applications (i.e., building permit, zoning certificate, sign permit, etc.).
(2) Violations. Any conditional use permit is in violation of this Zoning Code and shall be suspended or revoked if:
A. A court having jurisdiction or a jury find the holder of the conditional use permit guilty of a violation or if a holder of a conditional use permit pleads guilty of violating.
B. Any requirement or term or condition of the conditional use permit or has not conformed, at any time, with any or all of the requirements or terms or conditions as set out in the conditional use permit as approved by the Board of Zoning Appeals.
C. The activity authorized by the conditional use permit commences prior to the institution of all conditions imposed by the conditional use permit.
D. The use for which the conditional use permit was authorized does not commence within six months of the effective date of the conditional use permit. The Community Development Director may grant an extension of up to six months for good cause shown, upon petition of the conditional use permit holder.
E. The use for which the conditional use permit is authorized is discontinued for six consecutive months.
(3) Notification. If the use discontinues or fails to commence as stipulated in this Zoning Code, the Community Development Director will issue written notification to the property owner. Ten days after issuance of this notice, the Community Development Director shall issue the permit holder written notification of the conditional use permit's official revocation and removal.
(j) Recordation
(1) The certified decision of the conditional use permit application shall be recorded at the expense of the applicant with the Board of Zoning Appeals.
(2) A certified copy of the decision shall be maintained by the Community Development Department.
(3) The applicant shall retain a copy of the decision from the Community Development Department.
1129.03 SITE PLAN.
Figure 1129.03.1: Site Plan Flowchart
(a) Applicability (1) Generally. Site plan approval is required for all development except one unit dwellings, two-unit dwellings, three-unit dwellings, four-unit dwellings, and for all instances that meet the following thresholds: A. New construction or expansion of an existing building or structure that increases the existing floor area by 35%; or B. New construction or expansion of parking lots that increase the existing impervious area by 35%. |  |
(2) Deviations Prohibited. A site plan shall not authorize deviation from any applicable development standards normally required by the existing underlying zoning, including, but not limited to signs, landscaping, parking, or dimensional requirements.
(3) Waiver of Site Plan. The Community Development Director may waive the requirement to prepare a site plan based on site characteristics and the nature of the proposed changes being suitable for field verification or integration with a building permit.
(4) Exceeding the Required Thresholds. Any site plan that exceeds the thresholds provided in this Section shall apply for a variance and shall follow the requirements provided in Section 1130.02.
(b) Initiation. The applicant shall submit a site plan application to the Community Development Director.
(c) Completeness
(2) Other Plans. In addition to the requirements of above, the following plans and items shall be provided to make a complete site plan submittal:
A. Plot Plan. The plot plan shall show:
i. The proposed location of all structures identified by type, size, height and use;
ii. The assignment of all lands subdivided; and
iii. The location of all structures within 200 feet of properties adjoining the proposed development.
B. Plat and Topography Map. The plat and topography map shall show the proposed development area's:
i. Property lines;
ii. Easements;
iii. Street rights of way;
iv. Topographic contours; and
v. Landscape features.
C. Circulation Plan. The circulation plan shall show:
i. Analysis of the traffic impacts of the proposed use;
ii. On-site vehicular and pedestrian circulation patterns, including cross lot access;
iii. The location and dimensions of proposed driveways and walkways (points of egress and ingress); and
iv. The locations and arrangement of parking spaces and loading facilities.
D. Architectural Plan (in the C-DT district only). These documents shall include plans and designs for all structures and other such other information to explain the purpose, appearance, materials, and construction. More specifically, the architectural plan shall show:
i. All proposed exterior building materials and their corresponding colors;
ii. The design and specifications of all buildings and structures;
iii. The proposed fenestration all buildings and structures; and
iv. The floor plan of all buildings and structures.
E. Landscape Plan. The landscape plan shall show:
i. All proposed and required landscaping;
ii. The landscape treatment;
iii. Plazas, parks and other landscape features and amenities; and
iv. The proposed grading and drainage plan.
F. Lighting Plan. The lighting plan shall show:
i. All proposed site lighting locations; and
ii. The design and specifications of all proposed site lighting.
G. Other Items. Any other information needed to address the proposed development's impacts as determined and required by the Community Development Director.
(d) Notice and Hearing(s). Not applicable.
(e) Action
(1) Community Development Director Review and Decision. The Community Development Director shall review the site plan and shall act to:
A. Approve the site plan;
B. Deny the site plan;
C. Approve the site plan with conditions; or
D. Refer the site plan to the Planning Board for its review and final action.
(2) Authorization to Impose Conditions
A. Generally. The Community Development Director may impose conditions necessary to maintain the integrity of the City's zoning districts, to ensure the proposed use is consistent with the Comprehensive Plan, conforms with this Zoning Code, is appropriate to its location and compatible with neighboring uses, and does not cause undue traffic congestion or significant deterioration of the environment.
B. Conditions Supplementary. All requirements imposed by a site plan are in addition to and supplement this Zoning Code's requirements.
C. Authorized Conditions. Authorized conditions include, but are not limited to:
i. Site Plan Features. Limitations or requirements regarding the area, setbacks, open space, landscaping, buffering, lighting, fencing, signage, off-street parking, and similar site plan features of the proposal.
ii. Operations. Limitations or requirements regarding the proposed use's operating characteristics, duration, or any similar feature of the proposed use.
iii. Duration. If the Community Development Director or Planning Board limits the duration of a site plan, a six month grace period, starting from the final approval date, is afforded to the applicant in addition to the time period stipulated in the site plan conditions.
(f) Approval Criteria
(1) Generally. The site of the proposed use or any associated improvements is not in violation of any local, state, or federal law (other than a zoning violation).
A. The use and site plan for the proposed use conforms, at a minimum, with all applicable provisions of this Zoning Code for the existing underlying zoning designation, including but not limited to:
i. Site Development Standards. All parking, landscaping, signage, lighting, improvement, and dimensional regulations as required in TITLE Four - Site Development Standards.
ii. Zoning District Standards. The purpose of the zoning district in which the proposed use is to be located and any dimensional standards applicable to the particular proposed use.
iii. Use-Specific Standards. All use-specific standards applicable to the proposed use as required in TITLE Two - Use Standards.
B. Site plans are only authorized for the proposed use(s).
(2) Suitability. The characteristics of the proposed site are suitable for the proposed use considering the size, shape, location, topography, and location of improvements and natural features.
(3) Timeliness. The proposed use or development is timely, considering the adequacy of transportation systems, public facilities, and services, existing or planned for the area affected by the proposed use.
(4) Compatibility to Surrounding Area. The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the principal uses listed as allowable by the underlying zoning district.
(5) Comprehensive Plan. The proposed use satisfies any applicable goals and policies of the Comprehensive Plan that apply to the proposed use.
(6) Use Appropriate and Compatible. The use is appropriate to its proposed location and compatible with the character of neighboring uses, or enhances the mixture of complementary uses and activities in the immediate vicinity.
(7) Traffic. The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking, or loading problems. Necessary mitigating measures shall be proposed by the applicant.
(8) Nuisance. The operating characteristics of the use do not create a nuisance and the impacts of the use on surrounding properties are minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.
(9) Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.
(g) Subsequent Applications. Not applicable.
(h) Appeals. A site plan decision may be appealed to the Board of Zoning Appeals as provided in Section 1130.04.
(i) Scope of Approval
(1) Generally
A. An approval letter shall be issued certifying the site plan is compliant with the conditions of this Zoning Code which may permit the applicant to apply for other permits and plans.
B. After the site plan is approved, the process of obtaining a building permit or certificate of occupancy consistent with any conditions of site plan approval may commence.
(2) Site Plan Revisions
A. Generally. Any revision to an approved site plan, other than those that qualify as minor pursuant to this Subsection, require amendment of the approved or existing site plan. Revisions to an approved site plan shall only be authorized by the Community Development Director pursuant to the procedures established in this Subsection, and subject to appeal as provided in Section 1130.04.
B. Minor Revisions to an Approved Site Plan
i. The Community Development Director may approve minor revisions to a previously approved site plan without notice or a public hearing. A minor revision is one that becomes necessary during the use's actual implementation, which could not be reasonably anticipated during its review, and that does not significantly change the original approval granted.
ii. A minor revision includes:
a. Building revisions/expansions that do not increase the height of a building or building area more than 35%;
b. Changes in the number of parking spaces (adding, removing, or relocating twenty (20) parking spaces or less), provided that parking requirements are met;
c. Adjustments to waste facilities;
d. Minor revisions to approved elevations; and
e. Substitution of similar plant materials on an approved landscape plan.
C. Major Revisions to an Approved Site Plan
i. A change outside the scope of minor revisions or to any of the following site plan requirements below is not considered minor:
a. Use -Those activities allowed on site by the site plan.
b. Operational Characteristics - The gross limitations or requirements regarding the proposed use' s operating characteristics.
c. Site Plan Features - The gross limitations or requirements regarding the area, setbacks, open spaces, landscaping, buffering, lighting, fencing, signage, or the off-street parking of the proposal.
d. Duration - Requirements governing the duration of the permit.
e. Permit Holder - Requirements regarding the person or entity to whom the permit is issued.
ii. Major Revisions initiate a new site plan submittal subject to the standards of this Section and those provided in Section 1127.08.
(3) Revocation
A. Criteria. An approved site plan is considered in violation of this Zoning Code and shall be revoked if a court of law finds the use in violation of any of the following conditions:
i. The use established on site does not conform, at any time, with any or all approved permit condition(s) and or any local, state, or federal law.
ii. The activity authorized by the site plan commences prior to the institution of all conditions imposed by the site plan.
iii. Discontinuance of the approved use for at least six consecutive months.
iv. The approved use does not commence within six months of the final approval date.
B. Revocation Procedures. If the Community Development Director's inspection reveals noncompliance with this Zoning Code, site plan revocation procedures shall commence as follows:
i. The Community Development Director shall, upon discovery of site plan noncompliance, issue a written warning, granting a grace period of at least 30 calendar days. During this time, the use may be brought into compliance with the current approved site plan for that location.
ii. If noncompliance persists after the conclusion of the warning grace period, a Community Development Director shall issue written citation.
iii. If the citation results in a guilty verdict, the site plan is considered revoked.
iv. The Community Development Director shall issue the permit holder written notification of the site plan's official revocation.
v. In the event of discontinuance or failure to commence as stipulated above, Community Development Director shall issue written notification to the applicant. Ten calendar days after issuance of Community Development Director notification of discontinuance or failure to commence, the Community Development Director shall then issue the permit holder written notification of the site plan's official revocation.
(j) Recordation. The applicant and Community Development Director shall maintain a copy of the approved site plan.
1129.04 PARKING LOT PERMIT.
Figure 1129.04.1: Parking Lot Permit Flowchart
(a) Applicability. The construction of new or modified parking lot areas, except those associated with new development projects, requires approval of a parking lot permit. (b) Initiation. A parking lot permit shall be initiated by the owner or applicant of the subject property. (c) Completeness. (2) In addition to the requirements provided in Section 1127.02 (c), the following items shall be provided: A. Proof of Ownership or Ownership Affidavit; |  |
B. Site Plan that includes the number of parking spaces with landscaping and drive/aisle area to scale;
C. Stormwater Management Plan and Report (Includes Stormwater Calculations (Refer to Chapter 961 of the Springfield Codified Ordinances);
D. Stormwater Pollution Prevention Plan (SWPPP) required for sites that disturb one acre or more;
E. Notice of Intent (NOI) from Ohio EPA for sites that disturb one (1) acre or more; and
F. Application fee as required in Table 1126.02.1: Base Application Fees. (Additional review fees apply if more than one (1) acre of land is disturbed - see Chapter 961)
(d) Notice and Hearing(s). Not applicable.
(e) Action. The Community Development Director shall review the parking lot permit application and act to:
(1) Approve the parking lot permit;
(2) Deny the parking lot permit; or
(3) Refer the parking lot permit decision to the Board of Zoning Appeals.
(f) Approval Criteria. The Community Development Director shall approve the parking lot permit application if it complies with:
(1) All applicable requirements of this Zoning Code;
(2) All applicable requirements of the Code of Ordinances, including the Building Code and Fire Code; and
(3) Any conditions of any currently applicable and unexpired rezoning, conditional use permit, development plan, variance, or appeal decisions that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a parking lot permit application.
(g) Subsequent Applications. Not applicable.
(h) Appeals. A parking lot permit decision by the Community Development Director may be appealed to the Board of Zoning Appeals as provided in Section 1130.04.
(i) Scope of Approval
(1) Generally
A. A parking lot permit authorizes construction or expansion of a parking area as shown in the approved permit.
B. A parking lot permit does not authorize the occupancy of a building or structure.
C. A parking lot permit shall remain in effect as long as development is in full conformity with the provisions of this Zoning Code and with any conditions upon which the parking lot permit was issued. Upon the service of notice of any violation of such provisions or conditions, the parking lot permit shall become null and void, and a new parking lot permit shall be required for any further use of the parking area.
(2) Construction Timing
A. Upon approval of the parking lot permit application the owner/developer has (12) months to complete the construction of a parking area.
B. The owner/developer shall notify the Community Development Director of the completion of construction activities.
C. At that time the Community Development Director and the City Engineer will inspect the lot and determine whether it conforms to the approved plans.
D. If the parking area construction has been approved, the Community Development Director will issue a certificate of completion to the owner/developer of the parking area.
(j) Recordation. The Community Development Department and applicant shall maintain a copy of the parking lot permit decision.
1129.05 CERTIFICATE OF APPROPRIATENESS.
Figure 1129.05.1: Certificate of Appropriateness Flowchart
(a) Applicability. It shall be unlawful for any person to: (1) Carry out or allow any construction, reconstruction, alteration, restoration, rehabilitation, installation, or relocation of any portion of or any exterior feature of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource; or (2) Construct or install any new structure within a designated historic district or in a designated historic landmark or heritage property, or in any state or federally designated historic resource, until after an application for a certificate of appropriateness of such work has been approved by the Springfield Landmarks Commission. |  |
Additionally, a building or demolition permit may not be granted contributing property within a historic district or in a designated historic landmark or heritage property, unless the Springfield Landmarks Commission issues a certificate of appropriateness. Neither shall anyone carry out or allow any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from any street, which affects the appearance and cohesiveness of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource, unless the Springfield Landmarks Commission issues a certificate of appropriateness.
A. A certificate of appropriateness shall be required prior to beginning any work in any historic resource, excluding work claimed to be ordinary repair or maintenance. No building permit shall be issued for property that requires a certificate of appropriateness unless and until the Community Development Director certifies to the Building Official that such a certificate of appropriateness has been granted, advising as to any conditions attached to such a certificate.
B. A review of the plans or proposed work shall be undertaken by the Community Development Director for submission of a recommendation to the Springfield Landmarks Commission, or by the Springfield Landmarks Commission directly, after the property owner files a completed application.
C. Decisions of the Springfield Landmarks Commission and by the Community Development Director shall be in writing and shall state the findings of the Springfield Landmarks Commission.
D. A certificate of appropriateness shall be valid for 12 months and shall expire thereafter.
E. An applicant may resubmit an application for a certificate of appropriateness after 12 months from the date of a denial decision.
F. Certificates of appropriateness may be issued for distinct and separate phases of an ongoing project.
(b) Initiation. A certificate of appropriateness shall be initiated by the owner or applicant of the subject property.
(d) Notice and Hearing(s). Not applicable.
(e) Action
(1) Generally
A. A certificate of appropriateness may be approved by either the Community Development Director or the Springfield Landmarks Commission.
B. A certificate of appropriateness involving ordinary repairs, demolition alterations or additions may be approved by the Community Development Director.
C. A certificate of appropriateness involving significant repairs, demolition alterations or additions shall be approved by the Springfield Landmarks Commission.
(2) Community Development Director Review and Decision. If the Community Development Director, guided by the adopted design guidelines, and where applicable, criteria established by the Secretary of the Interior, determines that the application involves ordinary repair or maintenance, change, restoration, color or removal of any exterior architectural feature of a historic resource which does not involve significant change in the architectural or historic value, style, general design or appearance, shall review the certificate of appropriateness and shall act to:
A. Approve the certificate of appropriateness;
B. Deny the certificate of appropriateness; or
C. Approve the certificate of appropriateness with conditions.
(3) Springfield Landmarks Commission Review and Decision
A. Recommendation from the Community Development Director. If the Community Development Director determines that the application involves a repair, demolition alteration, addition, change, restoration, or removal of an external architectural feature of a historic resource which involves a significant change in the architectural or historic value, style, general design, or appearance or for any other reason does not desire to act under the subsection above and is within a historic district or is a designated landmark or heritage property, the Community Development Director shall provide a recommendation to the Springfield Landmarks Commission to:
i. Approve the certificate of appropriateness;
ii. Deny the certificate of appropriateness; or
iii. Approve the certificate of appropriateness with conditions.
B. Springfield Landmarks Commission Decision
i. The Springfield Landmarks Commission shall conduct a public hearing on the certificate of appropriateness application and shall render its decision after the hearing is closed.
ii. The Springfield Landmarks Commission shall:
a. Approve the certificate of appropriateness;
b. Deny the certificate of appropriateness; or
c. Approve the certificate of appropriateness with conditions.
(f) Approval Criteria. In determining the recommendation and action on an application for a certificate of appropriateness, the Community Development Director and the Springfield Landmarks Commission shall review and decide the appropriateness of the proposed repair, demolition alterations or additions, and its compliance with:
(1) Any applicable City of Springfield Design Guidelines for designated local landmark and heritage properties;
(2) The Secretary of the Interior's Standards for Treatment of Historic Properties and Guidelines for Preservation, Rehabilitation and Reconstruction; and
(3) The applicant's conformity with any revisions, stipulations or requirements as the Springfield Landmarks Commission finds appropriate.
(g) Subsequent Applications. Not applicable.
(h) Appeals
(1) A certificate of appropriateness decision by the Community Development Director may be appealed to the Springfield Landmarks Commission pursuant to this Section.
(2) A certificate of appropriateness decision by the Springfield Landmarks Commission may be appealed to the Board of Zoning Appeals as provided in Section 1130.03.
(i) Scope of Approval. No building permit applications shall be accepted nor shall any
permit be issued, and no work shall be performed until after approval of a certificate of appropriateness, and not until five business days have elapsed from its transmission to the Building Official, with any advice as to conditions which may have been attached to the certificate of appropriateness.
(j) Recordation. The Community Development Department and applicant shall maintain a copy of the certificate of appropriateness decision.
1129.06 COMMUNICATION FACILITY/TOWER PERMIT.
Figure 1129.06.1: Communication Facility/Tower Permit
(a) Applicability (1) No wireless telecommunications facility shall be constructed within the City unless and until a communication facility/tower permit shall have been issued authorizing such construction unless the City Manager or designee has issued a written determination that the proposed Wireless Telecommunications Facility has no appreciable impact. (2) Any wireless communication facility lawfully constructed within the City prior to the adoption of this Zoning Code, is a nonconforming use, unless and until a communication facility/tower permit shall have been issued with respect to such wireless communication facility. (3) A communication facility/ tower permit application shall not be required for location of a Wireless Telecommunication facility in the City's rights of way. Such facilities must conform to the City's ordinances rules and procedures governing the rights of way. |  |
(b) Initiation
(1) A communication facility/tower permit application may be initiated by the owner or applicant of the subject property.
(2) A communication facility/tower permit application shall be submitted to the Community Development Department on such forms as the City Manager shall prescribe.
(c) Completeness
(1) Generally
A. A communication facility/tower permit application shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the City, any false or misleading statement in the application may result in denial of the application without further consideration or opportunity for correction.
B. A communication facility/tower permit application not meeting the requirements stated in this Section or that are otherwise incomplete may be rejected by the City.
(2) Contents. A communication facility/tower permit application shall contain the following:
A. Conditional Use Permit Application;
B. Co-location of a wireless telecommunications facility on existing structure including:
i. Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the City. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites;
ii. A plot plan shall indicate all building and land uses within two hundred (200) feet of the proposed facility. Aerial photos and renderings may augment the plot plan.
iii. The location of the nearest residential structure;
iv. The location, size and height of all proposed and existing antennae and all appurtenant structures;
v. The number, type and design of the tower(s) and antenna(s) proposed and the basis for the calculations of the tower's capacity to accommodate multiple users. The applicant shall list the location of every tower, building, or structure within a reasonably proximity that could support the proposed antenna;
vi. A description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
vii. A "Zone of Visibility Map" which shall be provided in order to determine locations from which the antenna may be seen;
viii. Pictorial representations of ''before" and "after" views from key viewpoints both inside and outside of the City, as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites at a pre-application conference, if requested by the applicant.
C. Telecommunications Structures. An applicant for a new telecommunication structure shall also submit,
i. The type, locations and dimensions of all proposed and existing landscaping, and fencing;
ii. A comprehensive report inventorying existing towers and other suitable structures within four miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable;
iii. The make, model and manufacturer of the tower and antenna(s);
iv. An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.
v. Proof of the availability of the insurance required and the removal bond required.
D. If applicant petitions recognition of no appreciable impact, then a statement of no appreciable impact shall be submitted to the City Manager.
E. Technical Certification data according below.
F. Statement of demonstration of necessity according to conditions set forth below.
(3) Technical Certifications. A communication facility/tower permit application shall contain, the following, each certified by an engineer or other qualified professional as appropriate to that item:
A. A topographic and geomorphologic study and analysis taking into account the subsurface and substrata, and the proposed drainage plan, assuring the stability of the proposed wireless telecommunications facilities on the proposed site.
B. The frequency, modulation and class of service of radio or other transmitting equipment;
C. The actual intended transmission and the maximum effective radiated power of the antenna(s);
D. The direction of maximum lobes and associated radiation of the antenna(s);
E. Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC;
F. Certification that the proposed antenna(s) will not cause interference with other telecommunications devices; and
G. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.
(4) Required Demonstrations. The application shall contain demonstrations that the granting of the application will further the objectives stated in this Section. Such demonstrations shall include:
A. A demonstration the need for the wireless telecommunications facility to provide service primarily and essentially within the City. Such demonstration shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites.
B. In the case of a new tower, a demonstration that the proposed facility has been sited and designed so as to employ the least visually and physically intrusive means that are not commercially impracticable under the facts and circumstances. Such report must include evidence that fair and thorough consideration was given to the following:
i. Sharing an existing tower or other facility with another provider;
ii. Locating the facility atop or within an existing structure;
iii. Locating the facility upon publicly owned land;
iv. Making any new tower accessible to co-location of additional antennas of other providers;
v. Locating the facility so as to minimize the impact upon the following types of Zoning Districts in the following order:
a. Historical Districts;
b. Residential Districts;
c. Commercial Districts;
d. Industrial Districts;
vi. Minimizing the height of towers and other structures; and
vii. Employing camouflage or other stealth technology.
C. A demonstration of the ability of any proposed new tower to accommodate future demand for at least five additional commercial applications, such as future co-locations, without causing interference. This requirement may be waived, provided that the applicant demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:
i. The foreseeable number of FCC licenses available for the area; and
ii. The kind of wireless telecommunications facilities site and structure proposed.
D. Agreements between providers limiting or prohibiting co-location shall not be accepted as a valid basis for a claim of commercial impracticability or hardship. An assertion that the proposed site is the only site under option or lease shall not be accepted as a valid basis for a claim of commercial impracticability or hardship.
E. If after review of the "Zone of Visibility Map" submitted, the City determines that the proposed facility is likely to have adverse visual or aesthetic impact, the City may require the applicant to perform a balloon test at the applicant's expense, described as follows:
i. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three foot in diameter brightly colored balloon at the maximum height of the proposed new tower.
ii. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant 7 and 14 days in advance of the first test date in a newspaper with a general circulation in the City.
iii. The applicant shall inform the City, in writing, of the dates and times of the test, at least 14 days in advance.
iv. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday.
(5) Fees and Deposit
A. At the time that a person submits an application for a conditional use permit for a new tower, such person shall pay a non-refundable application fee of $5,000.00 to the City. If the application is for a conditional use permit for co-locating on an existing tower or other suitable structure, where no increase in height of the tower or structure is required, the non-refundable fee shall be $2,000.00. At the time that a person submits an application for a determination of no appreciable impact, such person shall pay a non-refundable fee of $1,000.00 to the City.
B. No application fee is required in order to rectify a conditional use permit for wireless telecommunications facilities, unless there has been a visible modification of the wireless telecommunications facility since the date of the issuance of the existing conditional use permit for which the conditions of the conditional use permit have not previously been modified. In the case of any modification, the fees provided in this Section shall apply.
C. In addition to the non-refundable application fee set forth in this Section, as required, an applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation to the City in connection with the review of any application, including the construction and modification of the site, once permitted. The initial deposit shall be $8,500.00. The placement of the $8,500.00 with the City shall precede the pre-application conference. The City will maintain a separate escrow account for all such funds. The City's consultants/experts shall invoice the City for services in reviewing the application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500.00, the applicant shall immediately, upon notification by the City, replenish the escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the application. If the amount held in escrow by the City is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.
(d) Notice and Hearing(s). Noticing and hearing requirements shall follow those prescribed in Section 1127.03.
(e) Action
(1) Community Development Director Review.
A. Administrative Letter of Determination. The Community Development Director shall review the communication facility/tower permit and act to:
i. Approve an administrative letter of determination for the communication facility/tower permit;
ii. Deny an administrative letter of determination for the communication facility/tower permit; or
iii. Approve an administrative letter of determination for the communication facility/tower permit with conditions or modifications.
B. Recommendation. If an administrative letter of determination for a communication facility/tower permit is denied, does not apply, or if the communication facility/tower permit is for a new facility, the Community Development Director shall review the communication facility/tower permit and provide a recommendation to the Board of Zoning Appeals to:
i. Approve the communication facility/tower permit;
ii. Deny the communication facility/tower permit; or
iii. Approve the communication facility/tower permit with conditions or modifications.
(2) Board of Zoning Appeals Decision. The Board of Zoning Appeals shall consider the communication facility/tower permit at a public hearing after a recommendation has been provided by the Community Development Director. After the hearing is closed, the Board of Zoning Appeals shall act to:
A. Approve the communication facility/tower permit;
B. Deny the communication facility/tower permit; or
C. Approve the communication facility/tower permit with conditions or modifications.
(f) Approval Criteria
(1) Decision to Approve. A communication facility/tower permit shall be approved when:
A. All of the following criteria is met (subsections i - iv below):
i. It is reasonably determined that approval of the communication facility/tower permit will serve the objectives set forth in this Section;
ii. It is reasonably determined that the applicant has clearly and convincingly demonstrated the matters required by this Section;
iii. The application shows compliance with the standards set forth in this Section; and
iv. The application demonstrates compliance with other applicable provisions of the Zoning Code.
B. Or, if the communication facility/tower permit application is for the modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station and involves a collocation of new transmission equipment or removal of transmission equipment or replacement of transmission equipment, then a communication facility/tower permit shall be granted for the collocation, removal, or replacement.
(g) Subsequent Applications. Not applicable.
(h) Appeals. Not applicable.
(i) Scope of Approval
(1) Effect of Approved Communication Facility/Tower Permit. An approved permit shall entitle the permit holder to construct a wireless telecommunication facility upon the issuance of a building permit obtained from the Building Official, and to operate the facility for a period of five years from the date of issuance, subject to compliance with the provisions below.
(2) Continuing Obligations of Permit Holder. The permit holder shall:
A. Maintain the facility in continuous operation. "Continuous operation" means that the facility has not been inactive for a period in excess of 60 consecutive calendar days, unless such inactivity has been caused by a supernatural event, or force majuere, and repair or reconstruction has commenced within such 60 day period;
B. Operate and maintain the facility in accordance with the terms of the application, and any applicable license issued by the FCC;
C. Maintain in full force and effect the liability and other insurance required under the terms of this Section;
D. Negotiate in good faith for the shared use of any tower by other wireless service providers in the future, and shall:
i. Respond within 60 days to a request for information from a potential shared use applicant;
ii. Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
E. Failure to abide by the conditions outlined above may be grounds for revocation of the communication facility/tower permit for the facility.
(3) Required Insurance
A. A permit holder shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the communication facility/tower permit in amounts as set forth below:
i. Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence; $2,000,000 aggregate;
B. The Commercial General Liability insurance policy shall specifically include the City and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.
C. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A.
D. The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of the cancellation of the insurance.
E. Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance that such policies are to renew or replace.
F. Before construction is initiated, but in no case later than 15 days after the granting of the communication facility/tower permit, the permit holder shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.
(4) Facility Removal. The City may require that a telecommunication facility be removed upon the occurrence of any of the following events:
A. The facility was not constructed in accordance with any applicable permit;
B. The facility has deteriorated from lack of maintenance or other cause so that it has become a danger to public safety;
C. More than 90 days have elapsed since the expiration of the facility's communication facility/tower permit and no application for renewal is pending;
D. The facility has been inactive for a period of at least 90 consecutive calendar days; or
E. The permit holder has not fulfilled the holder's continuing obligations of this Section.
(5) Assurance of Removal
A. In order to assure the prompt removal of a wireless communication facility when required by the City, the City shall require the permit holder to maintain in full force and effect a removal bond. A removal bond shall:
i. Be written by a surety company authorized to do business in the State;
ii. Be in an amount sufficient to pay the cost of removal of the facility, and not less than $75,000;
iii. Provide that upon written notice from the City Manager to the surety company and the holder that the City has caused the removal of the facility, the surety shall pay to the order of the City the City's cost of removal of the facility, up to and including the maximum amount of the bond.
B. If the bond required is unavailable or insufficient to pay the City's cost of removal, the City may issue an assessment in the amount of its removal costs against the parcel or parcels of real estate upon which the facility was located, in accordance with law.
(j) Recordation
(1) The certified decision of the communication facility/tower permit application shall be recorded at the expense of the applicant with the Board of Zoning Appeals.
(2) A certified copy of the decision shall be maintained by the Community Development Department.
(3) The applicant shall retain a copy of the decision from the Community Development Department.
1129.07 HOME OCCUPATION PERMIT.
Figure 1129.07.1: Home Occupation Permit Flowchart
(a) Applicability. The allowance of a home occupation as designated in Table 1110.03.1: Use Table, requires approval of a home occupation permit. (b) Initiation. A home occupation permit shall be initiated by the owner or applicant of the subject property. (d) Notice and Hearing(s). Not applicable. (e) Action. The Community Development Director shall review the home occupation permit application and act to: (1) Approve the home occupation permit; or (2) Deny the home occupation permit. |  |
(f) Approval Criteria. The Community Development Director shall approve the home occupation permit application if it complies with:
(1) All applicable requirements of this Zoning Code;
(2) All applicable requirements of the Code of Ordinances, including the Building Code and Fire Code; and
(3) Any conditions of any currently applicable and unexpired rezoning, conditional use permit, development plan, variance, or appeal decisions that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a home occupation permit application.
(g) Subsequent Applications. Not applicable.
(h) Appeals. A home occupation permit denial decision by the Community Development Director may be appealed to the Board of Zoning Appeals as provided in Section 1130.04.
(i) Scope of Approval. A home occupation permit authorizes the approved business within a residential use.
(j) Recordation. The Community Development Department and applicant shall maintain a copy of the home occupation permit decision.
1130.01 ALTERNATIVE COMPLIANCE.
Figure 1130.01.1: Alternative Compliance Flowchart
(a) Applicability Alternative Compliance (1) This Section establishes provisions for alternative compliance associated with the review and approval of a development plan, including improvements to existing structures or site features. (2) The purpose of alternative compliance is to ensure that: A. A proposed development complies with the purpose and intent of this Zoning Code; |  |
B. A proposed project meets requirements that are appropriate for lots or sites and site-specific development challenges by applying a flexible approval procedure. A development may be interpreted to include redevelopment of lots or sites with existing improvements and encumbrances that may pose unique challenges to complying with the requirements of this Zoning Code; and
C. To allow for different standards that are in agreement with the Clark County Comprehensive Plan and that produce a substantially equivalent effect as the requirements of this Zoning Code.
(3) The applicable zoning district standards for a project shall not be reduced or varied using the alternative compliance process unless the standard is specifically cited as qualifying for alternative compliance in this Zoning Code.
(4) Alternative compliance may be considered for the following standards:
A. Required zoning district setbacks may be modified by 10%;
B. Required maximum building and structure heights may be modified by 10%;
C. Required maximum sign dimensions, including but not limited to height, area, and setbacks may be modified by 20%; and
D. The placement, arrangement, and substitution of required landscaping may be modified, including but not limited to plant materials, plant size, and planting space along street frontage.
(5) Any alternative compliance request that exceeds the thresholds provided in this Section shall be considered a variance request and shall follow the requirements provided in Section 1130.02.
(b) Initiation. A request for alternative compliance, as specifically cited within this Zoning Code, may be submitted for review and approval along with the plan for a project, or along with the project's initial application (as applicable for the project).
(c) Completeness
(2) Additionally, alternative compliance requests must be clearly delineated graphically or in narrative format, as appropriate, on the plan (or on the project's initial application), including a reference to the specific section within this Zoning Code that allows consideration of an alternative compliance standard provided in TITLE Four - Site Development Standards.
(d) Notice and Hearing(s). Not Applicable.
(e) Action. The Community Development Director shall review the project site plan's
alternative compliance request and shall act to:
(1) Approve the alternative compliance request; or
(2) Deny the alternative compliance request.
(f) Approval Criteria. The Community Development Director shall approve an alternative compliance request only if:
(1) The alternative compliance request is consistent with the recommendations and policies of the Clark County Comprehensive Plan;
(2) The alternative compliance request does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing the standards of other requirements; and
(3) The alternative compliance request does not modify the land uses allowed in the zoning district in which the subject property is located, or to add a land use not normally allowed in the zoning district.
(g) Subsequent Applications. Not applicable.
(h) Appeals. An alternative compliance denial decision by the Community Development
(i) Scope of Approval
(1) An approval letter shall be issued certifying the approved alternative compliance is compliant with the conditions of this Zoning Code which may permit the applicant to apply for other permits and plans.
(2) After the alternative compliance request is approved, the Community Development Director may apply the approval to a pending plan review. Once the alternative compliance request and the plan are approved, a building permit or certificate of occupancy consistent with any conditions of the alternative compliance and plan approval may be issued.
(j) Recordation. The applicant and the Community Development Director shall maintain a copy of the alternative compliance decision.
1130.02 VARIANCE.
Figure 1130.02.1: Variance Flowchart
(a) Applicability (1) The Board of Zoning Appeals may authorize, in specific cases due to hardship, a variance from the terms of this Zoning Code. (2) Any person who deems their property to suffer such physical limitations of size, shape, slopes of ground or other physical conditions as to require a variance of the regulations of this Zoning Code in order to enable them to make reasonable use of their property. (b) Initiation. An application for a variance shall be submitted to the Community Development Director by the applicant. (d) Notice and Hearing(s) |  |
(e) Action
(1) The Board of Zoning Appeals shall conduct a public meeting on the variance and shall render its decision after the meeting is closed.
(2) The Board of Zoning Appeals may, in whole or in part:
A. Approve the variance; or
B. Deny the variance.
(f) Approval Criteria
(1) No variance from the strict application of any provision of this Springfield Zoning Code which permits the use of land which is prescribed or which will result in a use of land in an manner inconsistent with the basic character of the district in which such land is located, shall be granted by the Board of Zoning Appeals unless it finds that strict application of this Springfield Zoning Code would result in unnecessary hardship. The Board of Zoning Appeals shall find unnecessary hardship only when all the following facts and conditions exist:
A. The land in question cannot yield a reasonable return if used only for a purpose allowed in the district. To establish the inability of land to yield a reasonable return, the owner must demonstrate factually, by dollars and cents proof, an inability to realize a reasonable return under existing permissible uses in the district. An owner does not suffer hardship sufficient to warrant the granting of a variance simply because the land would be more valuable or yield more profits if the variance were granted. The requisite degree of hardship exists only when the only permissible uses are not economically feasible and strict application of the provisions or the Springfield Zoning Code deprive the owner of economically viable use of the land.
B. The plight of the owner is due to unique circumstances and not to other general conditions in the neighborhood which may reflect the unreasonableness of the Springfield Zoning Code itself.
C. The use to be authorized by the variance will not alter the essential character of the neighborhood.
(2) No variance from the strict application of any provision of this Springfield Zoning Code that does not involve the use of land which is prescribed or which will result in a use of land in a manner inconsistent with the basic character of the district in which such land is located shall be granted by the board unless it finds that strict application of this Springfield Zoning Code would result in practical difficulties which will unreasonably deprive the owner of a permitted use of his property. Such area variances include, by way of example and not of limitation, relief from a set back requirement, height requirement, restrictions on the bulk of buildings, the extent of lot coverage or yard requirements. the Board of Zoning Appeals shall consider and weigh the following factors and such other factors as the Board of Zoning Appeals may determine have a bearing on finding whether strict application of any provision of this Springfield Zoning Code would result in practical difficulties which will unreasonably deprive the owner of a permitted use of their property; however, no one of such factors shall control in a determination of whether such practical difficulty exists:
A. The property in question cannot yield a reasonable return and there can be no beneficial use of the property without the variance, the variance would relieve a clearly demonstrable situation where strict application of the provisions of this Zoning Code created a practical difficulty that will deprive the owner of economically viable use of the land, as distinguished from a special privilege or convenience to the owner.
B. The variance is not substantial.
C. The essential character of the neighborhood will not be substantially altered or suffer a substantial detriment as a result of the variance.
D. The variance will not adversely affect the delivery of governmental services such as police and fire protection, water and sewer services, and solid waste regulation and disposal.
E. The property owner purchased the property without knowledge of the zoning restrictions.
F. The property owner's predicament feasibly can be obviated through some method other than granting a variance.
G. The property possesses conditions involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions and because of such exceptional physical conditions, strict application of a provision or provisions of this Zoning Code would be unreasonable.
H. The spirit and intent behind the zoning requirement will be observed and substantial justice done by granting the variance.
(g) Subsequent Applications. If the variance request is denied, the applicant shall not
submit a variance request of similarity on the same property for at least six months.
(h) Appeals. Any decision by the Board of Zoning Appeals shall be a final appealable order and the applicant may seek judicial review of the action in any court of competent jurisdiction pursuant to general law.
(i) Scope of Approval. After a final decision on the variance is rendered, the applicant and any party in interest may file any further permits or applications, undertake construction, or establish a use consistent with that decision.
(j) Recordation. The Community Development Department shall maintain the variance decision in its files, and the applicant shall maintain an original signed copy of the variance decision.
1130.03 APPEALS FROM LANDMARKS COMMISSION.
(a) Applicability. Certificate of Appropriateness decisions made by the Springfield Landmarks Commission may be appealed to the Board of Zoning Appeals.
(b) Initiation. To make an appeal, the aggrieved party shall file a notice of appeal within 30 days of the Springfield Landmarks Commission's final action.
(c) Completeness
(2) In addition to the requirements of Section 1127.02 (c), the applicant shall provide the following information:
A. Summary of any reasons provided by the Springfield Landmarks Commission concerning the decision made in the case;
B. Reasons the applicant of the appeal contends that the Springfield Landmarks Commission erred in its decision;
C. Reasons the applicant of the appeal believes that the public health, safety, welfare, and morals would be better served if the Springfield Landmarks Commission's action were reversed; and
D. Any new and pertinent information bearing on the case which may not have been available or have been overlooked by the Springfield Landmarks Commission or which may have come to light following the meeting at which the Springfield Landmarks Commission made its decision.
(d) Notice and Hearing(s)
(e) Action. The Board of Zoning Appeals shall act to:
(1) Reverse the Springfield Landmarks Commission's decision; or
(2) Affirm the Springfield Landmarks Commission's decision.
(f) Approval Criteria. The Board of Zoning Appeals shall review all appeals to determine the reasonableness of the decision(s) made by the Springfield Landmarks Commission considering the following criteria for applications for Certificates of Appropriateness:
(1) The application fully complies with the purpose set forth in the Codified Ordinances for the Springfield Landmarks Commission;
(2) The application meets the Secretary of the Interior's Standards for Rehabilitation and the specific design guideline requirements in the Codified Ordinances;
(3) The application meets the general standards for review as outlined in this Section and in the Codified Ordinances.
(g) Subsequent Applications. Not applicable.
(h) Appeals. Not applicable.
(i) Scope of Approval. Depending on the appeal decision, the applicant may apply for any permits or approvals required for development, as provided in this Zoning Code.
(j) Recordation. The Community Development Department shall maintain the decision in its files, and the applicant shall maintain an original signed copy of the decision.
1130.04 APPEALS FROM ADMINISTRATIVE DECISION.
(a) Applicability. Decisions made by the Community Development Director or any other City staff personnel may be appealed to the Board of Zoning Appeals.
(b) Initiation. To make an appeal, the aggrieved party shall file a notice of appeal within 30 days of the Community Development Director's final action.
(c) Completeness
(2) In addition to the requirements of Section 1127.02 (c), the applicant shall provide the following information:
A. Summary of any reasons provided by the Community Development Director concerning the decision made in the case;
B. Reasons the applicant of the appeal contends that the Community Development Director erred in its decision;
C. Reasons the applicant of the appeal believes that the public health, safety, welfare, and morals would be better served if the Community Development Director's action were reversed; and
D. Any new and pertinent information bearing on the case which may not have been available or have been overlooked by the Community Development Director or which may have come to light following the meeting at which the Community Development Director made its decision.
(d) Notice and Hearing(s)
(e) Action. The Board of Zoning Appeals shall act to:
(1) Reverse the Community Development Director's decision; or
(2) Affirm the Community Development Director's decision.
(f) Approval Criteria
(1) The applicant bears the burden of proof to demonstrate to the Board of Zoning Appeals that the items provided below have led to error in judgment by the Community Development Director.
(2) The Board of Zoning Appeals shall consider the evidence submitted by the applicant, the report and decision of the Community Development Director and, where the property is located within the City's corporate limits, any recommendations from City staff, and the following, as applicable:
A. Consistency with the Comprehensive Plan,
B. Adverse impacts on neighboring properties, and
C. Health, safety, and welfare of the City.
(3) If new information is placed before the Board of Zoning Appeals that, in the opinion of the Board of Zoning Appeals, would affect the Community Development Director's decision, the Board of Zoning Appeals may refer the case back to the Community Development Director for further study, including the new information, and recertification.
(g) Subsequent Applications. Not applicable.
(h) Appeals. Not applicable.
(i) Scope of Approval
(1) An approval letter shall be issued certifying the appeal decision is compliant with the conditions of this Zoning Code which may permit the applicant to apply for other permits and plans.
(2) Depending on the appeal decision, the applicant may apply for any permits or approvals required for development, as provided in this Zoning Code.
(j) Recordation. The Community Development Department shall maintain the decision in its files, and the applicant shall maintain an original signed copy of the decision.
1130.05 ZONING CODE/MAP INTERPRETATION.
(a) Applicability. The Board of Zoning Appeals may decide any question involving the interpretation of the Zoning Code text or map, as follows:
(1) In case there is question as to the intended meaning of any provision of the Zoning Code text, the Board of Zoning Appeals may interpret its meaning as it applies to a particular property. Before reaching a decision in response to any request, the Board of Zoning Appeals shall obtain the opinion of the City Law Director.
(2) Where the street or lot layout actually on the ground, or as recorded differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice of public hearing to the owners of the property, shall interpret the Zoning Map in such a way as to carry out the intent and purpose of this Zoning Code for the particular section or district in question. In case of any question as to the location of any boundary line between districts, an application for interpretation of the Zoning Map may be made to the Board of Zoning Appeals and a determination shall be made by such Board of Zoning Appeals by following the procedure established in this Title.
(3) Where a specific use is proposed that is not listed or provided for in this Zoning Code, The Board of Zoning Appeals may make a determination that the proposed use is substantially similar to a specific use that is listed or provided for in the Zoning Code. If the Board of Zoning Appeals finds that a use is substantially similar to a specific use listed in this Zoning Code, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use, and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use. In formulating a determination that a proposed use is a substantially similar use, the Board of Zoning Appeals shall include in its written findings the reasoning upon which the decision is based. The following standards shall be considered by the Board when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
A. The compatibility of the proposed use with the general use classification system as specified in this Zoning Code.
B. The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Code as being permitted, or in the case of a conditional use, conditionally permitted in that district.
C. The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
D. Should a use be determined to be substantially similar to a specific permitted or conditionally permitted use provided for in this Zoning Code, it shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar. The Community Development Director shall maintain, as a public record, a listing of all uses which have been determined to be substantially similar. For each such use the record shall include the use as listed in the Zoning Code, the use unlisted in the Zoning Code about which the determination of substantial similarity was made, and the dates of any actions thereupon by the Board of Zoning Appeals. This record shall also contain the same information for all uses which have been determined not to be substantially similar. The Community Development Director shall consult this record in the process of issuing zoning permits.
(b) Initiation. An interpretation request shall be submitted by a property owner or applicant to the Community Development Director for the Board of Zoning Appeals review and determination.
(d) Notice and Hearing(s)
(e) Action. The Board of Zoning Appeals may, in its discretion, take any of the following actions:
(1) Review and evaluate the request;
(2) Consult with City staff or the Planning Board;
(3) Render an opinion; or
(4) Provide an interpretation in writing.
(f) Approval Criteria. The Board of Zoning Appeals shall consider this Zoning Code, the Zoning Map, the Comprehensive Plan, and any other relevant information to make a final interpretation decision.
(g) Subsequent Applications. Not applicable.
(h) Appeals. Not applicable.
(i) Scope of Approval. Depending on the interpretation decision, an applicant may apply for any permits or approvals required for development, as provided in this Zoning Code.
(j) Recordation
(1) The certified interpretation decision shall be recorded with the Board of Zoning Appeals.
(2) A certified copy of the interpretation decision shall be maintained by the Community Development Department.