Swanton City Zoning Code
ARTICLE 150
65 DEVELOPMENT PLAN REVIEW PROCEDURES
§ 150.651 INTENT.
(A) The purpose of this Article is to provide adequate review by the Planning Commission of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.
(B) Development plan review provides a procedure with specific standards for development proposals. Items to be considered include, but are not limited to, safe and efficient access for pedestrians and vehicles, storm water management, preservation of existing natural features, adjacent land uses and general welfare and safety.
(Ord. 2023-03, passed 2-27-2023)
§ 150.652 DEVELOPMENT PLAN REVIEW REQUIRED.
Review of a preliminary development plan and a final development plan shall be conducted in compliance with the following:
(A) Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
(1) New construction of all permitted uses in the Business/Industrial, and Public/Open Space Districts;
(2) New Construction in the Planned Residential Development and Airport Highway Corridor Overlay Districts;
(3) New construction of all conditional uses; and
(4) Any existing or previously approved development meeting the criteria of subsections (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use in excess of 5,000 square feet or 25% of the existing gross floor area, whichever is greater; increasing the number of dwelling units in a multi-family development; changing the use which requires an increase in the amount of parking or a change in the site’s circulation; or when the parking surface changes from a pervious to an impervious surface.
(B) Exceptions:
(1) A change of occupancy in an existing structure, or in a previously approved final development plan, when there is no change in the bulk of the structure, and no change in the parking required and no change in use, shall be exempt from the development plan review procedures.
(2) One-family detached dwelling and related structures and buildings are exempt from the development plan review procedure, except when the application requires a conditional use permit.
(Ord. 2023-03, passed 2-27-2023)
§ 150.653 MINOR ALTERATIONS APPROVED BY ZONING ADMINISTRATOR.
When a minor alteration is proposed to an existing building, structure or site arrangement on a lot otherwise subject to development plan review pursuant to § 150.652, the Zoning Administrator may approve the development plan application as specified in this Section:
(A) For the purposes of this Section, a minor alteration shall include:
(1) Small, incidental alterations of existing off-street surface parking lots;
(2) Small, incidental construction of accessory structures;
(3) Incidental alterations to principal buildings on large zoning lots; and
(4) Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.
(B) The Zoning Administrator shall review the application to determine that the proposal is not contrary to and complies with all applicable regulations in this Zoning Code and will not result in any material adverse impact to the site or surrounding areas.
(C) After reviewing the application, the Zoning Administrator shall:
(1) Approve the development plan as submitted; or
(2) Deny the development plan when the application does not demonstrate that the required standards have been met.
(Ord. 2023-03, passed 2-27-2023)
§ 150.654 DEVELOPMENT PLAN PROCESS.
Development plan reviews should proceed and generally move in phases to include:
(A) Pre-application meeting with the Zoning Administrator;
(B) Preliminary development plan review by the Planning Commission. The preliminary development plan phase may be omitted when, in the opinion of the Zoning Administrator, the project is too minor to warrant preliminary development plan review;
(C) Final development plan review by the Planning Commission.
(Ord. 2023-03, passed 2-27-2023)
§ 150.655 PRE-APPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with the Zoning Administrator prior to submitting an application for development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(Ord. 2023-03, passed 2-27-2023)
§ 150.656 PLAN SUBMISSION REQUIREMENTS.
(A) General Requirements. An applicant for development plan review, both preliminary and final shall file with the Zoning Administrator the following along with the application fee.
(1) A letter of submittal from the property owner or an agent authorized in writing by the property owner shall accompany the development plan which contains the applicant’s phone number and mailing address;
(2) The development plan documents shall include a complete legal description of the property and a general location sketch showing nearby section lines and/or residential and major roadways;
(3) All development plans shall have the title “Development Plan Review” and include the site address; date of submittal and the submitter’s name and address, and shall bear the seal and signature of a professional civil engineer/surveyor registered to practice in the state of Ohio. The site plan shall indicate the scale of the drawing and shall use an engineer’s scale. The scale of the site shall not exceed one inch to 40 feet. The site plan shall have the north arrow pointing toward the top of the drawing. The location map and site plan orientation shall be the same;
(4) The documents shall be ten blue-line or black-line prints of the site plan on paper no smaller than 24 inches by 36 inches; and
(5) The development plan documents shall include a color aerial photograph of the site to be developed from a publicly obtainable source such as Google maps, Google earth, map.live.com and the like of sufficient size and resolution to clearly illustrate property details, attributes and all abutting streets and roadways.
(B) Requirements for Preliminary Development Plan. An application for preliminary development plan review shall include a plan for the entire area of the proposed project and shall be submitted to the Zoning Administrator. The preliminary development plan shall include:
(1) The location of all existing structures and access points;
(2) The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site;
(3) The general location of all proposed construction including buildings, structures, accessory buildings and structures, parking areas, and access points;
(4) The location of existing and proposed topography, major vegetation features, and wooded areas;
(5) The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation;
(6) The general location of common open space; and
(7) A summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and open space, and the number of proposed dwelling units by type.
(C) Requirements for Final Development Plan Review. A final development plan shall indicate, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas as well as the following:
(1) The zoning classification(s) and existing uses of the property and all abutting property, the approximate location of buildings and driveway locations, opposite to and adjacent to the property;
(2) The dimensions indicating the area of the property, the dimensions of the existing and planned buildings to be constructed and any buildings to be removed or other alterations to occur to the property;
(3) The distance of existing and proposed structure(s) to all right-of-way lines and distances of the structure(s) to the front, side and rear property lines;
(4) The name for all adjacent roadways and rights-of-way and pavement widths measured from the centerline of the roadway;
(5) The locations, height and material of all existing and proposed fencing and/or walls on the property;
(6) The location, height, lighting, type and dimensions of existing or proposed signs on the property;
(7) The width(s) and location(s) of existing or proposed sidewalks, if any, and drive approach aprons. The drive approach width(s) shall be indicated where the apron meets the roadway pavement and shall be dimensioned at the throat;
(8) All ditches, creeks and other natural features that may affect the development of the property. When appropriate, two-foot contours and the 100-year high water elevation shall be shown on the site plan. Information on this requirement may be obtained from the Fulton County or Lucas County Engineer’s office;
(9) The existing and proposed method of storm water drainage and/or areas to be used for storm water detention;
(10) Existing and proposed sanitary and storm sewers, water mains and the location(s) of fire hydrants if present. In the event these improvements are not proposed, the development plan shall indicate the location of proposed or existing wells and sewage systems both on-site and on abutting parcels;
(11) The location of existing or proposed off-street parking spaces and drive aisles with complete dimensions, the number and size of the proposed parking stalls including handicap spaces and the type of pavement composition of the parking area (asphalt or concrete) and if the off-street parking area is located next to an existing parking area or on another parcel, the method of circulation, if any, between the two areas;
(12) The location of proposed plant material, mulch beds and other landscape improvements such as, but not limited to, berms, fences and the like, plant schedules with botanical and common plant names, quantity of plants to be installed, plant size at installation and on-center planting dimensions where applicable, and all existing plant material to be removed or retained and all new landscaping materials to be installed;
(13) A development plan with a proposed drive-through window operation shall indicate where the vehicles will be lined up and how many vehicles can be stored at one time while waiting to use the order board and drive-through window, as required in § 150.335(E);
(14) Exterior building elevation(s) for all building walls visible from all abutting streets and highways;
(15) The submittal of a traffic impact study and or access management plan, if required, pursuant to § 150.297, Access to Individual Parcels;
(16) Architectural Drawings. For buildings in the Business and Industrial Districts and the Airport Highway Corridor Overlay District, detailed architectural drawings for all proposed principal and accessory buildings including floor plans and elevations of the front, rear and two (2) sides of the building, together with additional views or cross sections, as necessary, to completely depict the exterior appearance of the structure.
(a) All elevations shall be drawn to the same scale, and be drawn at a reasonable scale to enable the Planning Commission to adequately review the information submitted.
(b) Each elevation shall show the accurate location of windows, doors, portals and other architectural features and all materials and finishes.
(c) Samples of colors and building materials, colored renderings, and photographs of the site shall accompany the elevations as necessary to convey the appearance of the structure.
(17) The plans and drawings shall be created by and bear the seal and signature of a professional architect and/or a professional engineer registered to practice in the state of Ohio.
(D) Waiver of Submittal Requirements. The Zoning Administrator may waive any of the submittal requirements in this Section if, in his or her opinion, and based on recognized planning or engineering principles, they are unnecessary to determine compliance with appropriate Code provisions. Such waiver shall not be construed to authorize the reduction or waiver of any of the zoning standards, regulations, or other requirements of the Zoning Code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.657 CRITERIA FOR REVIEWING PRELIMINARY DEVELOPMENT PLANS.
The Planning Commission shall review a preliminary development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants. In order to approve a preliminary development plan, the Planning Commission shall determine that:
(A) The preliminary plan is consistent with this Zoning Code and the Zoning Map of the Village;
(B) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property; and
(C) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.658 CRITERIA FOR REVIEWING FINAL DEVELOPMENT PLANS.
In reviewing final development plans, the Planning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a final development plan, the Planning Commission shall determine that:
(A) The plan is consistent with any plan for the orderly development of the Village and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan and the regulations of this Zoning Code;
(B) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(C) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(D) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(E) The development will have adequate public service, parking; and open spaces, when applicable;
(F) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code, if applicable;
(G) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas that is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(H) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(I) Adequate provision is made for emergency vehicle access and circulation. Adequate provision is made for fire hydrants and firefighting water supply;
(J) Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(1) Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings;
(2) Adequately identify the use; and
(3) Are located to maintain safe and orderly pedestrian and vehicular circulation.
(L) The landscape plan comply with the requirements of Article 150.39, Landscaping, Buffering, Fences & Lighting, and will adequately:
(1) Enhance the principal building and site;
(2) Maintain existing trees to the extent possible;
(3) Buffer adjacent incompatible uses;
(4) Break up large expanses of pavement with natural material; and
(5) Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
(M) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code, and any other design criteria established by the Village or any other governmental entity which may have jurisdiction over such matters; and
(N) If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase.
(O) All utilities shall be extended to the perimeter of the development.
(Ord. 2023-03, passed 2-27-2023)
§ 150.659 REQUEST FOR ADDITIONAL INFORMATION.
In their review of an application, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.
(Ord. 2023-03, passed 2-27-2023)
§ 150.660 DEVELOPMENT PLAN REVIEW PROCEDURES.
Preliminary and Final Development Plans shall be reviewed and distributed according to the following procedures:
(A) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness according to § 150.632. When the application is deemed complete and the application fee paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission’s agenda.
(B) Distribution of Plans. When the Zoning Administrator determines that the application for preliminary or final development plans is complete, the Zoning Administrator shall forward the application to the appropriate Village departments, the Village Engineer, appropriate government agencies, and professional consultants for review, report and recommendation. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator.
(C) Transmission to the Planning Commission. For Preliminary and Final Development Plan Reviews, the Zoning Administrator shall distribute the application for development plan review, along with all applicable plans/data and any reports prepared by the individuals and agencies in subsection (B) above to the Planning Commission for the Commission’s review at their next regularly scheduled meeting.
(D) Action by the Planning Commission.
(2) Following its review, for a preliminary or final development plan, the Planning Commission shall:
(a) Approve the development plan as submitted; or
(b) Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(c) Deny the development plan when the application does not demonstrate that the required standards have been met.
(E) As part of the development plan review, a suitable performance guarantee to ensure the implementation of site improvements may be required.
(F) For a preliminary or final development plan, the Planning Commission may also postpone action on the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.
(G) The Village shall promptly furnish the applicant with its written report on the preliminary development plan or its decision on the final development plan.
(H) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within ninety (90) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
(I) Re-application after Denial. The Zoning Administrator shall accept a reapplication for the proposed development plan only when the reapplication addresses the reasons for the denial of the initial application. The reapplication shall comply with all the requirements of this Article, including payment of the required fee. If an application is denied as a result of § 150.660(H), the Zoning Administrator shall accept a reapplication for development plan review even if it has not been revised from the previous submittal.
(J) Issuance of Zoning Permit. If the final site plan is approved or approved with conditions, the Zoning Administrator shall issue a Zoning Permit pursuant to Article 150.63, Zoning Permit and Certificates of Zoning Compliance. However, the Zoning Permit shall not be issued until:
(1) When required by the Planning Commission, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the Village a performance guarantee approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final development plan or the installation of improvements as required by this Zoning Code shall not obligate the Village to accept improvements for maintenance, repair, or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(Ord. 2023-03, passed 2-27-2023)
§ 150.661 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.
(A) An approved Final Development Plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved Final Development Plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If an approved Final Development Plan is transferred to another entity, the Zoning Administrative shall be noticed so he/she can retain a copy of said transfer for the Village files. Any new entity that obtains the approved final development plan by means of transfer assumes all the administrative, financial, legal, and all other performance guarantees approved with the original, final development plan.
(B) All construction and development under any zoning permit shall be in accordance with the approved final development plan. Any departure from such plan shall be cause for revocation of the zoning permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.
(C) Modification after Approval. Changes to the approved development plan shall require resubmittal for review pursuant to this section; provided, however, that the Zoning Administrator may administratively approve minor changes to the approved plan which do not:
(1) Result in an increase in the number of units.
(2) Encroach into the setback areas;
(3) Encroach into parking areas through an increase in its height, length or width that would magnify its effect on an adjoining area;
(4) Create a larger building mass that would magnify its effect on the adjoining area either through an increase in its height, length or width; and
(5) Alter specific conditions approved by the Village Planning Commission.
(Ord. 2023-03, passed 2-27-2023)
§ 150.662 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.
(A) Preliminary Development Plan. An approved preliminary development plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval or grants an extension to the above stated time frame for good cause. If, at the end of that time, a final development plan has not been submitted to the Zoning Administrator, then approval of the preliminary development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this Article.
(B) Final Development Plan.
(1) If construction of any phase of the approved development plan begins within one year after approval is granted, the approval shall be valid until the development is completed; provided, however, if the performance of the development plan is not substantially completed after the second year, the development plan is void.
(2) If no construction has begun within one year after the approval is granted, the site plan’s approval shall be void. An extension of time may be approved at the sole discretion of the Village Planning Commission.
(3) For this purposes of this Section, construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included on the final development plan have been completed.
(Ord. 2023-03, passed 2-27-2023)
§ 150.663 EQUIVALENCY PROVISION.
In reviewing the application, the Planning Commission may find that a final development plan either adheres to or is equivalent to the requirements of this Zoning Code.
(A) The Planning Commission may consider elements of a final development plan to be equivalent to a requirement if:
(1) The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
(3) The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(B) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this Section have been satisfied. When evaluating the application with respect to this Section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Zoning Code.
(C) Approval under this Section is not a variance. Instead, this Section allows applicants to satisfy zoning requirements in ways not anticipated by the Village.
(Ord. 2023-03, passed 2-27-2023)