§ 151.254 APPROVAL CRITERIA.

   (A)   An application for site design review shall be approved if the proposal meets all the following criteria. The city decision-making body, in approving the application, may impose reasonable conditions of approval, consistent with the applicable criteria.

      (1)   The application complies with all of the applicable provisions of the underlying land use zone, including, but not limited to, building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, and other applicable standards;

      (2)   The proposal includes required upgrades, if any, to existing development that does not comply with the applicable land use zone standards, pursuant to § 151.355 Nonconforming Situations;

      (3)   The proposal complies with all of the community design standards of this chapter as applicable.

      (4)   For Type III reviews of commercial and residential developments that do not meet clear and objective building design standard in §§ 151.110 and 151.111 or §§ 151.125 through 151.127, the proposal must demonstrate how it meets the stated guideline(s) for those standard(s) not being met.

      (5)   The proposal complies with any applicable regulations of:

         (a)   Sections 151.075 through 151.085 Special Use Standards

         (b)   Sections 151.270 through 151.273 Conditional Use Permits.

         (c)   Section 151.355 Nonconforming Situations.

      (6)   For nonresidential uses, all adverse impacts to adjacent properties, such as light, glare, noise, odor, vibration, smoke, dust, or visual impact, are avoided; or where impacts cannot be avoided, they are minimized; and

      (7)   The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable.

   (B)   Note. Compliance with other city codes and requirements, though not applicable land use criteria, may be required prior to issuance of building permits.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.255 ASSURANCES.

   Public improvement required as part of a site design review approval shall be subject to the performance guarantee and warranty bond provisions of § 151.218, as applicable.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.256 COMPLIANCE WITH CONDITIONS, PERMIT EXPIRATION AND MODIFICATIONS.

   Development shall not commence until the applicant has received all applicable land use and development approvals. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require bonding or other assurances for improvements per § 151.218. Site design review approvals are subject to all of the following standards and limitations:

   (A)   Approval period. Site Design Review approvals shall be effective for a period of 1 year from the date of approval. The approval shall lapse if:

      (1)   A public improvement plan or building permit application for the project has not been submitted within 1 year of approval; or

      (2)   Construction on the site is in violation of the approved plan.

   (B)   Extension. The City Planning Official, upon written request by the applicant, may grant a written extension of the approval period not to exceed 1 year; provided that:

      (1)   No changes are made on the original approved plan;

      (2)   The applicant can show intent of initiating construction on the site within the 1-year extension period;

      (3)   There have been no changes to the applicable Code provisions on which the approval was based. If there have been changes to the applicable Code provisions and the subject plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required; and

      (4)   The applicant demonstrates that failure to obtain building permits and substantially begin construction within 1 year of site design approval was beyond the applicant's control.

   (C)   Modifications to approved plans and developments. Modifications to approved plans are subject to city review and approval under §§ 151.285 through 151.288.

(Ord. 2021-08-02, passed 10-12-2021)

CONDITIONAL USE PERMITS

§ 151.270 PURPOSE.

   There are certain uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. Conditional uses are identified in §§ 151.035 through 151.038 and §§ 151.050 through 151.054. The purpose of this chapter is to provide procedures and standards for permitting conditional uses.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.271 APPROVALS PROCESS.

   The Planning Commission using a Type III procedure, per § 151.233, reviews conditional use applications. Modifications to conditional use permits are subject to §§ 151.285 through 151.288 Modifications to Approved Plans and Conditions.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.272 APPLICATION SUBMISSION REQUIREMENTS.

   In addition to the submission requirements for a Type III review under § 151.233, applications for conditional use permits shall include a description of existing conditions, a site plan, and information on any existing and any proposed restrictions or covenants. (For a more detailed description of each item, please refer to § 151.253 Site Design Review Application Submission Requirements). An application for a conditional use permit shall also contain a narrative report or letter responding to the applicable approval criteria in § 151.273.

(Ord. 2021-08-02, passed 10-12-2021)