This chapter sets both the powers and duties of the Zoning Officer, the Planning Commission, and Council with respect to the administration of the provisions of this Zoning Code.

(Ord. 17-2013, passed 9-24-2013)

   There is hereby established the office of Zoning Officer and for the purposes of this Zoning Code, the Building Commissioner may be designated as the Zoning Officer, or such duties may be performed by another person designated by the Municipal Manager or Council. The Zoning Officer shall enforce this Zoning Code in accordance with the provisions hereof. All department officials and public employees of the Municipality vested with the duty and authority to issue permits or licenses shall conform to this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with this Zoning Code. Any permit or license issued in conflict with this Zoning Code shall be null and void and of no effect whatsoever.

(Ord. 17-2013, passed 9-24-2013)

   The Zoning Officer shall have the following responsibilities and powers:

   (a)   Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions, including both map and text.

   (b)   Inspect properties within the Village to determine compliance with regulations and to issue violation notices when necessary.

   (c)   Receive, review and make determinations on applications for determination of Permissible Use Certificates and Zoning Compliance Certificates.

   (d)   Issue zoning certificates as provided by this Code, and keep a record of same with notations of special conditions involved.

   (e)   Review and process plans pursuant to the provisions of this Code.

   (f)   Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.

   (g)   Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code.

   (h)   Maintain permanent and current records required by this Code, including but not limited to: the Official Zoning Map, determination of Permissible Use Certificates, Zoning Certificates, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the Council, Planning Commission, the Board of Zoning Appeals and to the public.

   (i)   Initiate the revocation of a permit or approval issued contrary to this Code.

    (j)   Act upon all applications within 30 days after they are filed in full compliance with all applicable requirements. A Zoning Certificate or written notification and explanation of refusal shall be issued to the applicant within said 30 days. Failure to notify the applicant of such refusal within this period shall entitle the applicant to submit his request to the Woodlawn Board of Zoning Appeals.

   (k)   Examine and refer to the Planning Commission applications for a Zoning Certificate when site plan review is required as specified in this chapter.

   (l)   Forward findings of fact as to alleged violations of this Code to the Law Director.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Required. Unless the Board of Zoning Appeals has granted a variance, no owner shall use, change the use of or permit the use of any structure, building, land or site, or part thereof, existing or hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Determination of Permissible Use Certificate, which may be a part of the building permit, has been issued by the Zoning Officer. Such Determination of Permissible Use Certificate shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with this Zoning Code. The Zoning Officer shall issue a Determination of Permissible Use Certificate, provided that he or she is satisfied that the structure, building or premises, the proposed use thereof and the proposed methods of water supply and disposal of sanitary waste conform with all applicable requirements of this Zoning Code, and when approval of grading, drainage and other site design plans has been given in writing to the Zoning Officer from the Municipal Engineer.

   (b)   Excavation permits. No permit for excavation or construction shall be issued by the Building Commissioner unless the plans, specifications and intended use conform, to this Zoning Code or a variance granted by the Board of Zoning Appeals, and until written approval of the excavation has been received from the Municipal Engineer.

   (c)   Application; plans. Every application for a Determination of Permissible Use Certificate shall be required for:

      (1)   A new building;

      (2)   An addition to an existing building;

      (3)   Changes to an existing site;

      (4)   Use of vacant land; or

      (5)   A change of owner or lessee for nonresidential premises.

   And shall be accompanied by:

      (1)   Plans in the number specified by this Zoning Code or by the Zoning Officer where such number may not exist;

      (2)   Drawn to scale in black line or blue print, showing:

         A.   The actual shape and dimensions of the lot to be built upon or to be changed in use, in whole or in part;

         B.   The exact location, size and height of any building or structure to be erected or altered;

         C.   In the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance;

         D.   Drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or as the structure as it will appear after the work for which a permit is sought has been completed, shall be provided.

      (3)   The existing and intended use of each building or structure or part thereof;

      (4)   The number of families or housekeeping units the building is designed to accommodate and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and

      (5)   Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code shall be shown on the plans.

   One copy of such plans shall be returned to the owner when such plans have been approved by the Zoning Officer, together with such Determination of Permissible Use Certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey, and each survey submitted, including a topographical survey if required or requested, shall be prepared by and bear the seal of a surveyor registered in the State of Ohio. The lot and the location of the building thereon shall be staked out on the ground before construction is started. A Determination of Permissible Use Certificate shall be posted in a conspicuous place at the site to which it refers visible from the public right-of-way.

   (d)   Time limit for issuance or denial. The Zoning Officer shall act upon all such applications within 30 days after they are filed in full compliance with all applicable requirements. The Zoning Officer shall either issue a Determination of Permissible Use Certificate within 30 days or shall notify the applicant, in writing, of the refusal of such certificate and the reasons therefore. Failure to notify the applicant of such refusal within such 30 days shall entitle the applicant to a Determination of Permissible Use Certificate, unless the applicant consents to an extension of time.

   (e)   Failure to commence work. A Determination of Permissible Use Certificate which has been issued for which no work has commenced within six months after issuance thereof, shall expire by limitation, and where work is commenced and then abandoned for one year, the Zoning Officer or authorized representative shall order the incomplete structure to be removed by the owner. Upon failure of the owner to remove the same within six months, such owner may be guilty of a misdemeanor and subject to the penalty contained in Chapter 1299, Violations, Remedies and Fees.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Required. No owner, lessee or tenant shall occupy any structure, building, land or site, or part thereof, existing or hereafter erected, created, changed, converted or enlarged, unless a Zoning Certificate of Compliance has been issued by the Zoning Officer after inspection.

   (b)   Conditions. A Zoning Certificate of Compliance shall be applied for by the owner of any land, property or building after the work identified in the Determination of Permissible Use Certificate has been completed.

   (c)   Review and approval. Pending the issuance of a final Zoning Certificate of Compliance, a temporary Zoning Certificate of Compliance may be issued for not more than six months during the completion of the alterations or during partial occupancy of a building pending its completion. Such temporary Zoning Certificate of Compliance shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the Municipality relating to the use or occupancy of the premises or any other matter covered by this Zoning Code. Such temporary Zoning Certificate of Compliance shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. If a temporary certificate is issued, the applicant shall notify the Zoning Officer, in writing, that all work has been completed. A Zoning Certificate of Compliance, a temporary Zoning Certificate of Compliance or a written notice denying such certificate shall be issued by the Zoning Officer to the applicant within a reasonable time.

   (d)   Records; fees; posting. A record of all Zoning Certificates of Compliance shall be kept on file in the office of the Zoning Officer and copies shall be furnished, on request, to persons having a proprietary or tenancy interest in the building or land affected. A fee for the issuance of the Zoning Certificate of Compliance shall be charged. Such fee shall be established by Woodlawn Council.

(Ord. 17-2013, passed 9-24-2013)

   A determination of Permissible Use Certificate or a Zoning Certificate of Compliance for a change in use may be withheld during the period in which an amendment to this Zoning Code or the Zoning Map is pending (after having been recommended by the Planning Commission or introduced by Council), if the amendment would affect the building or use applied for. However, the Zoning Certificate or Zoning Certificate of Compliance shall not be withheld for more than 90 days after the application was submitted or after final action by Council has been taken, whichever is the shorter period.

(Ord. 17-2013, passed 9-24-2013)

   The Planning Commission shall have the following responsibilities and powers as they relate to this Code:

   (a)   Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments, to Woodlawn Council, as it feels would be appropriate.

   (b)   Hold public hearings as required by this Code, notice of which shall be given in accordance with Ohio R.C. § 713.12.

   (c)   Initiate advisable Official Zoning District Map changes, or changes in the text of the Code where same will promote the best interest of the public in general through recommendation to the Woodlawn Council.

   (d)   Review proposed zoning amendments and Planned Unit Development applications as filed by a property owner, providing recommendation to the Woodlawn Council.

   (e)   Conduct Site Plan Review for projects requiring such approval.

   (f)   Review and approve/disapprove Conditional Use applications.

   (g)   Review and approve/disapprove requests for determinations of similar use.

   (h)   Review requests for special permits for recommendation to the Woodlawn Council.

   (i)   Function in any further capacity as required by the Municipal Charter.

(Ord. 17-2013, passed 9-24-2013)

   Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular use district. Such particular use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the effect the neighboring land will have on the use. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or appeal. Conditional Use Permits run with the land and not the applicant/owner.

   (a)   Conditional use process.

      (1)   The Planning Commission may hear and decide upon applications for a Conditional Use Permit in accordance with the provisions of these regulations.

      (2)   In considering an application for a Conditional Use Permit, the Planning Commission must make an affirmative finding that the proposed Conditional Use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of Conditional Uses have been met. The Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed Conditional Use and any potential nuisances.

      (3)   A public hearing shall be held by the Planning Commission in considering an application for a Conditional Use Permit, Notice shall be given not less than ten days prior to the date of public hearing, by posting notice on or near the parcel of land involved, at places which will be conspicuous to the neighboring properties and to the public, by mailing notice to the adjacent property owners, and by publishing notice in a newspaper of general circulation.

   (b)   Conditional use application. An application for a Conditional Use Permit shall contain the following information:

      (1)   Completion of the required application form.

      (2)   The total area in the development in square feet and acres.

      (3)   The existing zoning of the property in question and all adjacent properties.

      (4)   All right-of-way and any easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (5)   Existing topography with a maximum of ten-foot contour intervals.

      (6)   The proposed finished grade of the development shown by contours not larger than five feet.

      (7)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.

      (8)   Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.

      (9)   All sidewalks and other pedestrian systems.

      (10)   Open areas; existing and proposed.

      (11)   Location of all walls, fences, and buffer yards, including proposed wall, fence or buffer design or composition.

      (12)   Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.

      (13)   Location of all existing and proposed streets, highways and alleys.

      (14)   All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.

      (15)   The schedule of phasing of the project, if applicable.

      (16)   Proposed plans for the exterior of the building, including building elevations, photographs and proposed finishes or materials.

      (17)   A statement and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in § 1254.08(c).

      (18)   Such other information as required by the Planning Commission to determine the conformance with this Code.

   (c)   Standards for conditional use. The Commission shall not grant a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

      (1)   The proposed conditional use will comply with all applicable regulations of this Code, including lot size requirements, development standards and use limitations.

      (2)   Adequate utility, drainage and other such necessary facilities have been or will be provided.

      (3)   Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public streets and alleys.

      (4)   All necessary permits, and licenses for the use and operation of the conditional use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed Conditional Use on the subject property.

      (5)   All exterior lights for artificial open-air illuminations are so shaded as to avoid casting direct light upon any property located in a residential district and to prevent glare that may cause a nuisance to the public.

      (6)   The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets given access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

      (7)   The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

      (8)   Evidence that the conditional use desired will not adversely affect the public health and safety.

   (d)   Conditions and restrictions. In granting a Conditional Use Permit, the Commission may impose such conditions, safeguards and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set out in this chapter to reduce or minimize potentially injurious effects of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Code.

   (e)   Period of validity.

      (1)   A Conditional Use Permit granted by the Commission shall terminate at the end of one year from the date on which the Commission grants the conditional use, unless within the one year period a building permit is obtained and the erection or alteration of a structure is started.

      (2)   A change in use to another conditional use shall require a reapplication of the conditional use permit with the Planning Commission.

      (1)   The impact of the proposed use on public safety in the surrounding community;

      (2)   The impact of the proposed use on the economic welfare of the surrounding community;

      (3)   The impact of the proposed use on the general welfare of the surrounding community in regard to odors which may emanate from the proposed use; and

      (4)   The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities or medical marijuana processing facilities in the surrounding community.

(Ord. 17-2013, passed 9-24-2013; Ord. 13-2017, passed 6-27-2017)

   Uses other than those specifically mentioned in this Zoning Code as permitted uses in each district may also be allowed therein, provided that, in the judgment of the Planning Commission, such other uses are of a similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties, the neighborhood or the community than the permitted uses specifically mentioned for the district, in accordance with the following standards.

   (a)   The determination as to whether a main or accessory use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any main use found similar shall thereafter be included in the enumeration of main uses permitted by right. In the case of an accessory use, the accessory use shall thereafter be permitted as accessory by right in that district to the main use to which it is accessory. Application for similar use shall be made to the Planning Commission by submitting a site plan as set forth in § 1254.12, Site Plan Review.

   The Planning Commission shall grant or deny the similar use permit utilizing the following standards:

      (1)   That such use is found to be compatible with the intent statement of the district for which it is being considered;

      (2)   That such use is not listed in any other main classification of permitted uses, or in the case of accessory uses that the use is not listed as an accessory use to the main use in any other district;

      (3)   That such main use conforms to the basic characteristics of the classification to which it is to be added, and is more appropriate thereto than to any other main classification;

      (4)   That the use does not create dangers to the health or safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater that normally resulting from other uses listed in the classification to which it is to be added; and

      (5)   That such use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

   (b)   If approved, the use shall be identified as a conditional permitted use, subject to the standards and regulations of § 1254.08, Conditional Use Permits, in this Zoning Code unless a formal Zoning Code text amendment is conducted, as per § 1254.11, Amendments, incorporating such use as a principal permitted or accessory permitted use.

   (c)   Appeals to the decision of the Planning Commission shall be made to the Board of Zoning Appeals.

(Ord. 17-2013, passed 9-24-2013)

   The powers and duties of the Woodlawn Council as they relate to this Code are as follows:

   (a)   Approve the appointment of a Zoning Officer and any assistants, to administer and enforce the provisions of these regulations.

   (b)   Approve the appointment of members of Planning Commission as regulated by the Municipal Charter.

   (c)   Approve the appointment of a Board of Zoning Appeals in accordance with the Municipal Charter.

   (d)   Initiate or act upon suggested amendments to the Zoning Regulations text or the Official Zoning District Map after receiving the recommendations of the Woodlawn Planning Commission.

   (e)   Determine fees for permits, application review and violations. Each written application for a Zoning Certificate, Zoning Amendment, Administrative Appeal, Conditional Use Permit, Similar Use, Special Permit, Site Plan Review or Variance shall be accompanied by filing fees.

   (f)   Provide for maintaining and keeping current the permanent records required by these regulations, including but not limited to the Official Zoning District Map, Zoning Certificate, inspections, and all official zoning actions of the Woodlawn Council. Such records shall be made available for use by the Woodlawn Council, Planning Commission, Board of Zoning Appeals, and the public.

   (g)   To hear and decide appeals to the decision of the Planning Commission regarding an application for site plan review.

   (h)   Review and approve/disapprove requests for Concept Plans for Planned Unit Developments.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Authority of Council; initiation.

      (1)   Whenever the public necessity, convenience, general welfare or good zoning practice requires, Council may, by ordinance, after recommendations thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Code or amendments thereto.

      (2)   The Planning Commission shall submit to Council recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion, by motion of Council or by the filing of a verified application therefore by one or more of the owners or lessees of the property within the area proposed to be changed or affected by the proposed amendment or supplement.

   (b)   Applications; information. Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, and for regulation/text amendments, shall be submitted in triplicate to the Planning Commission or Zoning Officer, who shall forward the application to the Planning Commission, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to ensure the fullest practical presentation of the facts for the permanent record.

    Application shall include the following information as a minimum:

      (1)   Such data shall include, in the event of a map amendment, a plat or map drawn to a scale of not less than 100 feet to the inch (1" = 100') showing the land in question, its location, the length and location of each boundary thereof, the location of existing uses and buildings and the principal use of all properties within 300 feet of such land.

      (2)   When the request is for a text amendment, the application shall include a clear description of the proposed language to be added, removed or altered in the Zoning Code, including a clear reference to any and all sections of the Code to be amended.

      (3)   Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application.

      (4)   Applications for amendments or district changes initiated by the Commission or Council shall be accompanied by a resolution of record of either body pertaining to the proposed amendment.

      (5)   Any person desiring a change in the zoning classification of property shall file, with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 300 feet of any part of the exterior boundaries of the premises, the zoning classification of which is proposed to be changed.

   (c)   Hearings by Planning Commission. Before submitting its recommendations on a proposed amendment or reclassification to Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the Municipality at least ten days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to this Zoning Code, including the text and maps, may be examined. Notice shall also be given to all property owners within 300 feet of the affected property based on the data provided by the applicant. A general notice is required for a text amendment, not notification of property owners.

   (d)   Planning Commission recommendations. Following such hearing, the Commission may recommend that the application be granted as requested, may recommend a modification of the zoning amendment requested in the application or may recommend that the application be denied. These recommendations shall then be certified to Council.

   (e)   Hearings by Council; notice. After receiving from the Commission the certification of such recommendations on the proposed amendment or supplement, and before the adoption of such amendment, Council shall hold a public hearing thereon. At least 30 days' notice of the time and place of such hearing shall be given by publication in a newspaper of general circulation in the Municipality. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 20 days before the date of the public hearing, to the owners of property within and contiguous to, and directly across the street from, such parcels, to the addresses of such owners appearing on the County Auditor's current tax list.

   (f)   Amendments initiated by Council. Council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, and after report by the Planning Commission, amend, supplement or change the boundaries or regulations in this Zoning Code or subsequently established. If the Commission disapproves the proposed change, such amendment shall not be passed except by a favorable vote of three-fourths of all members of Council.

   (g)   Minimum district size. Each district or noncontiguous portion of a district shall be at least five acres.

   (h)   Pending Zoning Map changes. Whenever Council has taken under advisement a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by a resolution of record, no Zoning Certificate or Zoning Certificate of Compliance shall be issued within 30 days from the date of such resolution, which certificate or permit would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.

   (i)   Fee. Each application for a zoning amendment or district change, except one initiated by the Planning Commission, shall be accompanied by a check payable to the Clerk-Treasurer or a cash payment, in an amount to be determined by the Council, sufficient to cover the costs of publishing, posting and/or mailing notices of hearings.

   (j)   Conditions for approval. The Planning Commission and Woodlawn Council shall favorably consider an application for a zoning amendment, whether to the Zoning Regulation text or to the Official Zoning District Map, only if the request for a change of zoning meets the at least one of the following conditions:

      (1)   A manifest error exists in the Zoning Code text and/or designations on the Official Zoning District Map;

      (2)   The amendment will result in accordance with, or more appropriate conformance to, the Woodlawn Master Plan;

      (3)   Substantial change in area conditions have occurred; or

      (4)   A legitimate requirement can be shown for the need for additional land area for the particular zoning district.

(Ord. 17-2013, passed 9-24-2013)

   Site plan review shall be as follows:

   (a)   Applicability. This section shall apply to new property development and any collective substantial expansion of existing structures, except for individual single-family dwellings and two-family dwellings (duplexes) and parking lots of five spaces or smaller. Substantial expansion of existing structures shall be defined as an increase of the existing structure by 20 percent or more in gross floor area. Furthermore, no building shall be erected or structurally altered on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this section and an approved site plan. No Zoning Certificate or Zoning Certificate of Compliance shall be issued prior to the approval of a site plan.

   (b)   Contents of Site Plan. Before a permit is issued for construction, copies of a site plan at a scale no smaller than 1 inch to 100 feet (1"=100') shall be filed with the Zoning Officer setting forth, identifying and locating the following:

      (1)   The total area in the development in square feet and acres.

      (2)   The existing zoning of the property in question and all adjacent properties including properties located across a street from the subject property.

      (3)   All right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with a maximum of ten-foot contour intervals.

      (5)   The proposed finished grade of the development shown by contours not larger than five feet.

      (6)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.

      (7)   Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.

      (8)   All sidewalks and other open areas.

      (9)   Location of all walls, fences, and buffer yards.

      (10)   Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.

      (11)   Location of all existing proposed streets, highways and alleys.

      (12)   All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.

      (13)   The schedule of phasing of the project, if applicable.

      (14)   A lighting plan for the project including a photometric plan and proposed lighting fixture types/styles and mounting heights.

      (15)   A landscape plan.

      (16)   A storm water management plan.

      (17)   Proposed plans for the exterior of the building, including building elevations, photographs and proposed finishes or materials.

      (18)   A traffic impact study, if required by the Planning Commission.

      (19)   Such other information as required by the Planning Commission to determine the conformance with this Code.

   (c)   Site Plan Review guidelines. The following principles shall guide the exercise of site planning review by the Planning Commission:

      (1)   The use or expansion is in conformance with the most recent Woodlawn Master Plan.

      (2)   The natural topographic and landscape features of the site shall be incorporated into the plan and the development to the greatest extent feasible.

      (3)   Buildings and open spaces should generally be in proportion and in scale with existing structures and spaces in the area within 300 feet of the development site.

      (4)   A site that has an appearance of being congested, overbuilt or cluttered can evolve into a blighting influence and therefore such should not be congested, over built or cluttered.

      (5)   Open spaces should be linked together.

      (6)   Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.

      (7)   Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.

      (8)   Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.

      (9)   In connection with the siting of buildings taller than one story, the location should be oriented to maximize the privacy of the occupants of adjacent buildings.

      (10)   Short loop streets, cul-de-sacs and residential streets should be used for access to low- density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity.

      (11)   Street location and design should conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades should be utilized proximate to intersections.

      (12)   Pedestrian circulation in nonresidential areas should be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.

      (13)   Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.

      (14)   Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing or curb cuts of more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.

      (15)   Drive-through establishments such as restaurants and banks should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations.

   (d)   Action by Planning Commission for Site Plan Review. Upon submission of the complete application as outlined under § 1254.12(b) for site plan review to the Zoning Officer, the application shall be transmitted to the Planning Commission within 30 days, where they shall review the site plan pursuant to this section. A public hearing shall be held by the Planning Commission in reviewing a site plan. Notice shall be given not less than ten days prior to the date of public hearing, by posting notice on or near the parcel of land involved, at places which will be conspicuous to the neighboring properties and to the public, by mailing notice to the adjacent property owners, and by publishing notice in a newspaper of general circulation. The Planning Commission may approve, disapprove or approve with modifications the site plan as submitted.

   The Planning Commission shall act upon all site plans within 30 days after the receipt of the complete application from the Zoning Officer. Within the said 30-day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period for a period of time not to exceed an additional 60 days.

   (e)   Appeal of Planning Commission decision for Site Plan Review. An appeal can be made to the Woodlawn Council regarding a decision by the Planning Commission regarding approval of a site plan review. An applicant, or other aggrieved party, may appeal to the Woodlawn Council to evaluate the decision of the Planning Commission as related to a site plan review application. The Council may uphold the decision of the Planning Commission, overturn the decision of the Planning Commission or modify the decision of the Planning Commission. An affirmative vote of five members of the Council is required to overturn or modify the recommendation of the Planning Commission. Appeals to the Planning Commission decision shall be made within 30 days of action by the Planning Commission.

(Ord. 17-2013, passed 9-24-2013)