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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.
(Ord. 2021-08-02, passed 10-12-2021)
CONDITIONAL USE PERMITS
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)
(Ord. 2021-08-02, passed 10-12-2021)
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)
The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in divisions (A) and (B), below.
(A) Use criteria.
(1) The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;
(2) The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval;
(3) All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards; and
(4) A conditional use permit shall not allow a use that is prohibited or not expressly allowed under this chapter; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.
(B) Conditions of approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:
(1) Limiting the hours, days, place, and/or manner of operation;
(2) Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;
(3) Requiring larger setback areas, lot area, and/or lot depth or width;
(4) Limiting the building or structure height, size, lot coverage, and/or location on the site;
(5) Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;
(6) Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;
(7) Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
(8) Limiting the number, size, location, height, and/or lighting of signs;
(9) Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;
(10) Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;
(11) Requiring and designating the size, height, location, and/or materials for fences;
(12) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands; and
(13) Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards.
(C) Approved conditional uses and uses existing prior to the effective date of this chapter and now classified in this chapter as a conditional use must apply for a new conditional use permit prior to any change in the use or in lot area, or alteration or enlargement of any structure. The City Planning Official may waive this requirement for minor alterations, i.e. those that will have no impact on neighboring properties and/or the general public.
(Ord. 2021-08-02, passed 10-12-2021)
MODIFICATIONS TO APPROVED PLANS
AND CONDITIONS
(A) Major modifications. The Planning Commission reviews applications for major modifications through the quasi-judicial procedure under § 151.233. Any 1 of the following changes constitutes a major modification:
(1) A change in land use, from a less intensive use to a more intensive use, as evidenced by, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20% or more;
(2) An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20% or more;
(3) A reduction in required setbacks, or an increase in lot coverage, by 20% or more;
(4) A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic, where the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e. requiring mitigation);
(5) A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20% or more; or
(6) Change to a condition of approval, or a change similar to (A)(1) through (5), above, that could have a detrimental impact on adjoining properties.
(7) Other changes similar to those in (A)(1) through (6), above, in scale, magnitude, or impact to adjacent properties, as determined by the City Planning Official.
(B) Major modification applications; approval criteria. Requests for major modifications shall conform to all of the following procedures and criteria:
(1) The applicant shall submit an application form, filing fee, a narrative or letter describing the modification, and a site plan using the same plan format as in the original approval. The city may require other relevant information, as necessary, in evaluating the request;
(4) The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable Code criteria, which shall be the same as for the original land use approval (e.g., subdivision, site design review, conditional use, etc.).
(Ord. 2021-08-02, passed 10-12-2021)
(A) Minor modification. A minor modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a major modification listed in § 151.287(A). The City Planning Official, through a Type I or II procedure, depending on whether the proposal involves the exercise of discretion, shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations, and changes that fall below the thresholds in § 151.287, as determined by the City Planning Official.
(B) Minor modification applications. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planning Official may require other relevant information, as necessary, in evaluating the request.
(C) Minor modification approval criteria. The City Planning Official shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of the Development Code and the conditions of approval of the original decision.
(Ord. 2021-08-02, passed 10-12-2021)
AMENDMENTS TO COMPREHENSIVE PLAN MAP, ZONING MAP OR CODE
The purpose of this subchapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and Zoning Map. Amendments may be necessary from time to time to reflect changing community conditions, to correct mistakes, or to address changes in the law.
(Ord. 2021-08-02, passed 10-12-2021)
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