(a)   Based on the premise that the ultimate quality of a particular environment is determined not only by the type and arrangement of land uses but also the way in which such uses are developed, the procedures outlined in this Chapter are designed to:

      (1)   Encourage imaginative site and architectural design.

      (2)   Permit creation of flexible development standards that respect the unique characteristics of the site and surrounding uses.

      (3)   Result in more efficient and beneficial use of land.

      (4)   Regulate development and redevelopment of individual parcels within already improved areas.

   (b)   In order to accomplish the above purpose, the intent of this Chapter is to allow the applicant to lessen the development standards in some areas in exchange for an increase in development standards in another. The process for achieving the above purposes and intent is to require the submission and approval of a preliminary plan for the total proposed development and the submission and approval of a Development Plan for all or any part of the area defined in the Preliminary Plan prior to obtaining a Zoning Certificate as part of the approval of the construction of any portion of the area. As part of the Preliminary Plan, the applicant must prepare and submit a Development Standards Text that identifies any development standard that is less restrictive than the standards set forth in this Chapter or other referenced Chapters. As part of the Development Standards Text, the applicant must justify the modifications of these standards based on the fact that the proposed development goes beyond minimum requirements in other areas that will result in a superior development than if the standards set forth in this Chapter had been followed. As part of the final Development Plan, the applicant must reaffirm use of the previously approved Development Standards Text or submit as part of the Development Plan a modified Development Standards Text for approval by Planning Commission.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Those uses permitted within the Planned Community Commercial District include those uses that are permitted in the Community Commercial District, Chapter 1143, and additional commercial uses the Planning Commission feels to be in character with the intent and purpose of the Planned Community Commercial District.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Those uses conditionally permitted within the Planned Community Commercial District include those uses that are conditionally permitted in the Community Commercial District, Chapter 1143. The Planning Commission may consider additional uses it feels under certain conditions could be in character with the intent and purpose of the Planned Community Commercial District.

(Ord. 01-31A. Passed 6-19-01.)

   (a)   The following development standards shall be considered as minimal standards within the Planned Community Commercial District. These standards shall serve as base standards to be included and modified if desired as part of the Development Standards Text and Preliminary Plan and further refined as part of the Development Plan.

      (1)   Lot requirements: Prior to determining setbacks, refer to Section 1173.06(a), Bufferyard Requirements. If a bufferyard is required and the minimum setback is less than the appropriate bufferyard width, then the setback shall be equal to the bufferyard width. If a bufferyard is required and the minimum setback is greater than the appropriate bufferyard width, then the setback shall be equal to the required setback.

         A.   Minimum site area: Five acres and sufficient area to accommodate building and pavement setbacks, landscaping, parking, circulation and landscaping requirements. Individual lots may be combined to attain this minimum area for purposes of the Development Plan.

         B.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.

         C.   Minimum front yard setback: Structure setback 50 feet; pavement setback, 15 feet.

         D.   Minimum side yard: Structure setback 30 feet; pavement setback 15 feet. In addition to the required side yard, bufferyards shall be provided per Chapter 1173.

         E.   Minimum rear yard: Structure setback 30 feet; pavement setback 20 feet. In addition to the required rear yard, bufferyards shall be provided per Chapter 1173.

         F.   Maximum lot coverage: Maximum lot coverage or impervious surface area shall be 80% with a total building coverage of 30%, unless otherwise modified by the Planning Commission. At least 20% of the site area shall be landscaped with natural vegetation.

         G.   Parking areas shall be no closer to main structure than ten feet.

      (2)   Building requirements:

         A.   Maximum building height of 40 feet.

      (3)   Site development requirements:

         A.   Outdoor storage is prohibited. Merchandise may be displayed on the sidewalk adjacent to the principal building provided a minimum of a five foot strip is left unobstructed for pedestrian traffic.

         B.   All vending machines and display racks, except for telephone booths and newspaper racks, shall be located inside the building.

         C.   Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view on all sides.

         D.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for storm water management.

         E.   All service and delivery shall be at the rear of the building; provided, however, where site layout and design would be enhanced, provisions may be made for service and delivery at the side of the building.

(Ord. 95-36. Passed 6-20-95.)

   All conditional uses shall meet the minimum requirements established by Section 1151.04 unless modified by this section:

   (a)   Purpose and Intent. The intent of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1151.04 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Planned Community Commercial District.

   (b)   Child Care Centers.

      (1)   Minimum lot area. Sufficient to accommodate an appropriately designed facility including buildings, required yards, landscaping, drop-off area, and circulation space.

      (2)   Required outdoor play area. There shall be provided a fenced outdoor play area containing at a minimum, the number of square feet required for State of Ohio licensing requirements.

      (3)   Required access and loading/unloading.

         A.   An on-site drop-off area shall be provided at the main entrance to the facility sufficient o accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond code requirements.

         B.   Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

      (4)   Required fencing. All outdoor play areas shall be enclosed by a six foot high wall, solid fence or chain link fence planted with a continuous evergreen screen.

      (5)   Hours of operation. Use of outdoor play area shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

   (c)   Financial Establishments with Drive-Thru Facilities.

      (1)   Minimum lot area. Uses with drive-in facilities shall have a minimum lot area to accommodate building, required yards, landscaping, parking and circulation requirements.

      (2)   Setbacks and screening. Drive-in windows or lanes shall be located at least 50 feet from any residential property. A solid wood fence, hedge or masonry wall at least six feet in height shall be provided where a drive-in window is located adjacent to residential property.

      (3)   Off-street parking and circulation.

         A.   Stacking spaces shall be provided for every drive-in facility per Chapter 1171. Required stacking spaces shall not block or otherwise interfere with site circulation patterns.

         B.   Customer/employee parking shall be separated from drive-in activities and customer parking shall be located near the area with the highest accessibility to the principal building.

         C.   The circulation system shall provide continuous traffic flow with efficient movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

   (d)   Animal Hospitals including Veterinary Clinics, Kennels, Animal Grooming and Pet Stores.

      (1)   Care and boarding shall be limited to small domestic animals and may not include cattle, horses or swine.

      (2)   Minimum lot area and setback: The minimum lot area for an animal hospital, veterinary clinic or kennel shall be sufficient to accommodate building, required yards, parking, landscaping and circulation requirements. Any structure used for such purposes shall be at least 100 feet from an adjacent residential property.

      (3)   Operational standards:

         A.   All activities other than off-street parking, loading/unloading shall be conducted from a fully enclosed structure. This includes exercise runways.

         B.   Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.

         C.   Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.

   (e)   Convenience Food Stores and Fast Food Restaurants.

      (1)   Minimum lot area: The minimum lot area shall be 7,500 square feet except that uses with drive-in or drive-thru facilities shall be located on lots with a minimum area sufficient to accommodate building, required yards, parking, landscaping and circulation requirements.

      (2)   Setbacks: Drive-in or drive-thru windows and lanes shall be located at least 50 feet from any residential property. All other structures shall be located in accordance with required setbacks of the underlying zoning district.

      (3)   Screening: A solid wood fence or masonry wall six feet high shall be constructed where drive-thru facilities for convenience food stores, drive-in stores, or fast food restaurants are located adjacent to residential property.

      (4)   Off-street parking and circulation:

         A.   Stacking spaces shall be provided for every drive-thru facility per Chapter 1171. Required stacking lanes shall not block or otherwise interfere with site circulation patterns.

         B.   Customer/employee parking shall be separated from drive-in activities and customer parking shall be located in the area with the highest accessibility to dining or sales areas.

         C.   Circulation system shall provide continuous traffic flow with efficient, non-conflicting movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

   (f)   Automobile Washing.

      (1)   Minimum lot area sufficient to accommodate building, required yards, parking, landscaping and circulation requirements.

      (2)   Setbacks and screening.

         A.   All structures shall be located at least 50 feet from any adjacent residential property.

         B.   A solid fence, wall or hedge six feet high shall be required when an automobile washing facility is adjacent to residential property.

      (3)   Limitations on use.

         A.   All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.

         B.   Vacuum and steam cleaning equipment may be located outside of the building, but shall not be placed in any yard adjoining residential property.

      (4)   Off-street waiting and circulation.

         A.   Off-street waiting spaces shall be provided for auto washing facilities per Chapter 1171. Required waiting spaces shall not block or otherwise interfere with site circulation patterns.

         B.   If at all possible, exit doors shall be oriented away from the street right-of-way. If not possible, a hard surface exit drive not less than 40 feet in length shall be provided between the exit doors and the street.

   (g)   Gasoline Service Stations. The basis for the following development standards is the assumption that all new service stations will include a convenience store in addition to the traditional pump islands covered by a canopy. It is also assumed that service bays will not be an integral part of the convenience store/gas pump complex. In those cases where car repair service is provided as part of the overall complex but in a separate structure, the entire complex shall be treated as a Commercial Center and fall under the supplemental standards set forth in Chapter 1143.

      (1)   Minimum lot area: 15,000 square feet, provided however that the lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.

      (2)   Minimum frontage: None, provided that individually developed lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements. A minimum of 250 foot frontage is required if there are to be two curb cuts for the site.

      (3)   Maximum lot coverage: All impervious service areas including building and pavement shall not cover more than 60 percent of the site.

      (4)   The site design shall provide for traffic circulation that does not interfere with access to and from the pump islands.

      (5)   To the greatest extent possible, required parking for the site shall be located adjacent to the convenience store facility and not interfere with circulation on the site or access to and from the pump islands.

      (6)   Canopy size (dimensions) shall be kept to a minimum. Whenever possible the smallest dimension shall be parallel to the adjacent roadway. In no case shall the width of the dimension fronting on or parallel to the roadway exceed 25 percent of the width or frontage of the lot.

      (7)   Lighting contained within the canopy shall be flush with or recessed into the ceiling of the canopy (to avoid glare off the site).

      (8)   There shall be no parking or pavement permitted in the front yard.

      (9)   The front yard shall consist of adequate and varied landscaping to act as both a screen to the paved area as well as a buffer yard to the impact of the canopy.

      (10)   Accessory structures are prohibited.

      (11)   The exterior facade of the structures included in the overall complex shall be natural materials such as brick or stone or some alternative material acceptable to the Planning Commission. The roof of these structures shall be covered with natural or manmade shingles and shall be designed so as to expose said materials to the adjacent streets and properties (such as a gabled or mansard roof).

      (12)   Should one or more bays for servicing cars be included in the convenience store structure, the site shall provide additional parking consisting of two spaces for each service bay and one space for each employee and service vehicle.

      (13)   Should a car wash facility be included within the convenience store structure, the site shall provide an additional parking space for each employee and a stacking lane sufficient to accommodate four waiting automobiles for each washing stall or device.

   (h)   Commercial Centers. Commercial Centers shall be designed to fit with existing and anticipated development in the immediate area to minimize traffic congestion conflicts, visual pollution and confusion.

      (1)   Minimum lot area. None, except that the lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.

      (2)   Maximum lot area. For commercial centers containing two or more commercial uses, a maximum lot area of five contiguous acres shall be provided including sufficient space to accommodate buildings, required yards, landscaping, parking and circulation.

      (3)   Lot configuration. The width to depth ratio shall not exceed a ratio of two to one. The minimum depth of a Commercial Center lot shall be 300 feet.

      (4)   Site layout. The applicant shall demonstrate how the proposed center will tie directly into adjacent commercial developments, both existing and anticipated, for pedestrian and vehicular traffic.

      (5)   Parking and circulation.

         A.   Customer/employee parking should be separated with customer parking located near the area with the most direct access to the principal building.

         B.   Continuous channelized traffic flow with sufficient movement throughout the site shall be provided. Conflict between pedestrian and vehicular movement shall be minimized.

         C.   Clear delineation of internal circulation roadways including directional signage and pavement markings shall be indicated.

      (6)   Curb cut controls. Curb cuts to adjacent arterial will be controlled in accordance with the following criteria:

         A.   A maximum of two curb cuts per street frontage may be allowed provided the minimum frontage is 450 feet and the curb cuts are separated by a minimum of 300 feet (centerline to centerline).

         B.   All curb cuts shall be located a minimum of 150 feet from an intersection and 75 feet from any property line.

      (7)   Signage.

         A.   A graphic system shall be used that is uniform in size, shape and color for various tenant signage.

         B.   Ground mounted signage shall be integrated within the overall site landscaping and the use of foundation planting around the ground sign shall be encouraged.

      (8)   Lighting.

         A.   All external outdoor lighting shall be cutoff fixtures or down lighting.

         B.   Lighting within and related to any service area to the rear of the building shall be cutoff fixtures so as not to allow spillage on adjacent property.

      (9)   Outlot. No outlot shall be created as part of a Commercial Center site plan.

   (i)   Wireless Telecommunication Facilities.

      (1)   Minimum lot area: The minimum required by the zoning district, but not less than one (1) acre.

      (2)   Setbacks: Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.

      (3)   Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.

      (4)   Screening: Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. The Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.

      (5)   Parking and access: A paved access drive and one paved parking space for a service vehicle.

      (6)   Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).

      (7)   Color: The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

      (8)   Emissions: Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.

      (9)   Co-location: All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.

      (10)   Construction: All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.

      (11)   Removal: The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.

      (12)   Design: Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.

      (13)   Signage: No signage or advertising is to be displayed on the tower structure.

(Ord. 97-46. Passed 5-20-97.)

   (a)   As part of the request for rezoning to a Planned Community Commercial District, a Preliminary Plan must be submitted to the Planning Commission along with the text of all applicable development standards. City Council must approve the zoning change, Preliminary Plan and Development Standards Text. A Zoning Certificate will not be issued for any site or portion thereof until a Development Plan is approved by the Planning Commission and found in conformance with the adopted Preliminary Plan and Development Standards.

      (1)   Preliminary Plan. The Preliminary Plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan should contain the following elements:

         A.   A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development has planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as part of the proposed development.

         B.   A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.

         C.   An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.

         D.   The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.

         E.   A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of Chapter 1173.

         F.   A proposed schedule or phasing of development of the site.

         G.   Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.

         H.   Any additional information required by the Planning Commission necessary to determine that the proposed development meets the intent and purposes of the Planned Community Commercial District.

      (2)   Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall, through a narrative and graphics, as necessary, in order to detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this Chapter shall apply to the proposed development.

      (3)   Development Plan. Following approval of the Preliminary Plan, and prior to issuance of a Zoning Certificate, a Development Plan shall be submitted to the Planning Commission for all or part of the area defined in the Preliminary Plan. The Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan:

         A.   Site survey. On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.

         B.   Setbacks. The Site Plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text.

         C.   Modifications of Development Standards Text. Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document.

         D.   Height requirements. Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings.

         E.   Parking and loading. All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text.

         F.   Waste and refuse. Handling of all waste and refuse materials shall be indicated and described by the Development Standards Text to include appropriate screening and type of containerization.

         G.   Circulation. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings etc. plus any attempts at separating vehicular and pedestrian/recreation movement.

         H.   Landscaping. As part of the Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations of topography, existing landscaping or adjacent land uses and conform to Chapter 1173, Landscaping. Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the Development Standards Text.

         I.   Signage and graphics. All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.

         J.   Lighting. All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent, lighting and building accent lighting. Lighting intensity and installation height shall be indicated.

         K.   Fencing. All fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated.

         L.   Architectural treatment. As part of the Development Plan, front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicating building material, color and height. Color material samples shall also be made available for inspection.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Preliminary Plan. The basis for the approval of the Preliminary Plan shall be:

      (1)   That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Ordinance.

      (2)   That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply.

      (3)   That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the City.

      (4)   That any modifications or minimum development standards established by the Planning and Zoning Code are properly identified and adequately justified in the Development Standards Text as necessary to insure a higher quality development.

      (5)   That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning Commission.

      (6)   That the plan provides for the coordination and integration of individually designed buildings into one planned district,.

   (b)   Development Plan. Basis for approval of a Development Plan shall be:

      (1)   That the plan is complete in all respects relative to the requirements set forth in Section 1151.06(a).

      (2)   That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Planning and Zoning Code, any applicable comprehensive planning programs and any design or site planning guidelines adopted by Planning Commission.

      (3)   That all engineering issues have been resolved to the satisfaction of the appropriate City staff and that final approval of the Development Plan is subject to the acceptance of final engineering of all phases of the development.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Submission of Application for Preliminary Plan.

      (1)   Prior to filing an application for rezoning to a Planned Community Commercial District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.

      (2)   The applicant shall submit the rezoning application along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning Commission. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the City for review and comment.

      (3)   Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning Commission for their review and action, which shall be accomplished within a reasonable time. It shall be the duty of Planning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning Commission will forward a recommendation to City Council.

      (4)   A Preliminary Plan shall be valid for five years after City Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.

   (b)   Submission of Development Plan.

      (1)   Prior to filing for Development Plan Approval, the applicant shall meet with the Westerville Planning staff to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.

      (2)   The applicant shall submit an application to the City including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate, and any other required information in accordance with the submission schedule of the Planning Commission. In order to defray the cost of examination of the materials and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.

      (3)   It shall be the duty of the Planning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made within a reasonable time. If the Planning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning Commission, minor modifications of the approved preliminary plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approval plan, it is considered to be a major change and the plan must be resubmitted to Council for approval.

      (4)   In the event that the Planning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning Commission. Decisions of the Planning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section 1107.06(d).

   (c)   Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction of site improvements must be commenced within two years of Planning Commission or Council approval; otherwise no development of the land shall take place until a new Development Plan is approved pursuant to this section.

   (d)   Modification of the Development Plan. With the approval of the Planning Commission, minor modifications of the approved Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of he approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this zoning ordinance and an abatable nuisance.

   (e)   Variances from Development Standards. The Planning Commission and/or City Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district. No action by the Board of Zoning Appeals is required for these variances.

(Ord. 01-81. Passed 1-15-02.)

   Sexually oriented businesses shall be allowed in a Planned Community Commercial District as a permitted use pursuant to Section 1151.02, provided such use is otherwise in compliance with the applicable requirements of Chapter 1143. Sections 1151.01, 1151.03, 1151.04, 1151.05, 1151.06, 1151.07 and 1151.08 shall not be applicable in determining whether a sexually oriented business shall be issued a zoning certificate under this Section.

(Ord. 01-31A. Passed 6-19-01.)