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The development standards of this chapter may be modified through the master plan development process without the need for variance under §§ 151.320 through 151.324. In evaluating this criterion, the Planning Commission shall consider whether the proposal, on balance, exceeds the city's minimum requirements and provides greater public benefit than would otherwise occur under the base Development Code requirements. In evaluating public benefits, the Planning Commission shall apply the following criteria; the city may deny an application for master planned development concept plan approval that does not meet all of the following criteria:
(A) Comprehensive Plan. The modification does not conflict with the Comprehensive Plan. A master planned development shall not exceed the maximum residential density permitted by the underlying zones.
(B) Purpose and intent of Development Code. The modification equally or better meets the purpose and intent of the Development Code section(s) to be modified, as compared to a project that strictly conforms to code standards.
(C) Public benefit. The modification provides a public benefit greater than would result from a project that strictly conforms to code standards, by 1 or more of the following:
(1) Greater variety of housing types, such as a mix of attached and detached housing, or a wider range of lot sizes, than would be allowed under the standard Development Code provisions;
(2) Recreational amenities. Required open space may be reduced from 20% to not less than 15% proportionately (Any reduction in required open space shall be roughly proportional to the estimated value of the offsetting improvements or amenities, as determined by the City Engineer based on a professional appraisal and an applicable construction cost estimate) where the development provides one or more of the following improvements:
(a) Improvements identified in the City of Banks Parks and Recreation Master Plan.
(b) Trail identified in the City of Banks Bicycle and Pedestrian Plan.
(c) Enhanced play environment consisting of a nature play area, universal/all-inclusive play area, or adventure/challenge play area.
(d) Other recreational resource or amenity not listed above but for which the Banks City Council finds is similar.
(3) Greater protection of natural features than would be required of a project that strictly conforms to code standards under the standard Development Code provisions;
(4) Incorporation of natural features into subdivision design, or avoidance of natural hazards [e.g., geological hazards, stream corridor, or flood hazards) necessitating flexible lots sizes, cluster development plan, or other innovative design;
(5) Improved transportation connectivity, such as the provision of pathways and/or other transportation facilities, that would not otherwise be required under minimum code standards;
(6) Sustainable development design meeting the certification criteria of a nationally recognized sustainable development/green building rating system; and/or
(7) Other public benefit, such as the provision of affordable housing.
(B) Engineering design standards. Modifications to the city's engineering design standards require separate variance to such standards approved by the City Engineer. The city may grant such variances concurrently with the master planned development.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Submission requirements. An application for a concept development plan shall follow the submission requirements for a quasi-judicial review under § 151.233, and shall include all of the following:
(1) A statement of planning objectives to be achieved by the master planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
(2) A development schedule indicating the approximate dates when construction of the project and its various phases, if any, including public facilities, are expected to be initiated and completed;
(3) A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development;
(4) Narrative report or letter documenting compliance with the applicable approval criteria contained in § 151.340;
(5) Maintenance plan for any common areas or lands not dedicated to a public agency or owned in fee simple; and
(6) Additional reports or studies prepared by qualified professionals, as required by the City Planning Official, to determine potential project impacts and mitigation, if any, related to: transportation; public facilities; geologic or other hazards; architecture; noise, light, solar access, air quality, or similar concerns; and natural features.
(7) Assurances, including assurances of proposed public benefits under § 151.338(B)(7).
(B) Additional information. In addition to the written information described in division (A) above, the concept plan application shall include all of the following plans, exhibits and information:
(1) Existing conditions map, consistent with § 151.253;
(2) Conceptual site plan, including general land use plan, building envelopes, circulation plan, open space network, general utility connections and alignments, and other information necessary to convey the concept plan;
(3) Grading concept;
(4) Landscape concept, including plan for retention of existing vegetation and general planting areas;
(5) Architectural concept, including plans illustrating intended architectural styles, building heights, massing, and general materials;
(6) Sign concept plan, including locations, general size, style and materials of signs, such as entry monument and wayfinding signs, as applicable; and
(7) Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, private drives, if any, parking, and the like).
(Ord. 2021-08-02, passed 10-12-2021)
The Planning Commission, in approving or approving with conditions a concept plan, shall make findings that all of the following criteria are met. The Planning Commission must deny an application where not all of the criteria are met.
(A) Comprehensive Plan. The proposal conforms to the Comprehensive Plan;
(B) Land division chapter. Except as may be modified under § 151.338, all of the requirements for land divisions under Chapter 152, are met;
(D) Public facilities. The proposal shall demonstrate adequate public facility capacity to serve the proposed development including sewer, water, and the transportation system, except as may be modified under § 151.338;
(E) Open space. Master plans shall contain a minimum of 20% open space, which may be public, private, or a combination of public and private open space. Modifications in the amount of open space provided may be approved with the provision of public benefit per § 151.338(C). Such open space shall be integral to the master plan and connect to a majority of the proposed residential lots. Plans shall provide space for both active and passive recreational uses, and may include but are not limited to: neighborhood parks, pathways/trails, natural areas, plazas, and play fields. Open space areas shall be shown on the final plan and recorded with the final plat or separate instrument; and the open space shall be conveyed in accordance with one of the following methods:
(1) By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the Planning Commission with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and approved by City Council based on budgetary, maintenance, and liability considerations; or
(2) By leasing or conveying title (including beneficial ownership) to a corporation, homeowners' association, or other legal entity. The terms of such lease or other instrument of conveyance must include provisions for maintenance and property tax payment acceptable to the city. The city, through conditions of approval, may also require public access be provided, where the open space is deemed necessary, based on impacts of the development, to meet public recreational needs pursuant to the Comprehensive Plan.
(F) Modifications to standards. Modifications to Code standards must conform to the criteria in § 151.338.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Upon approval of a Concept Plan, the approved plan, including any conditions of approval, shall be binding on future uses and development of the property, except where an approval expires.
(C) Extension. The city may grant extensions of the concept plan approval period, not to exceed 1 year per extension, provided that the extension request is made before expiration of the master planned development approval, the applicant can show intent of applying for detailed development plan review within the 1-year extension period, and there have been no substantive changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based.
(Ord. 2021-08-02, passed 10-12-2021)
Detailed development plan submittal requirements are determined based on the conditions of approval for the Concept Plan. At a minimum, the detailed development plan submittal shall meet the minimum requirements for final plat submission under § 152.009, and shall contain information demonstrating compliance with the Concept Plan. The detailed development plan and preliminary subdivision plan, if proposed, shall be reviewed using the Type III procedure in § 151.232 to ensure substantial conformance to the approved Concept Plan. Where the proposal is for a multifamily development. Site design review is required, pursuant to §§ 151.250 through 151.256; Site Design Reviews for multifamily development on detailed development plans shall be processed through the Type II procedure.
(Ord. 2021-08-02, passed 10-12-2021)
Approval of the detailed development plan shall be based upon a finding that the final plan substantially conforms to the Concept Plan, including any Concept Plan conditions of approval. Minor changes to the approved Concept Plan may be approved with the detailed plan where the Planning Commission finds that the modification is necessary to correct an error, or to address changes in circumstances beyond the applicant's control that have occurred since the date of project approval. Other changes must be reviewed as modifications under §§ 151.285 through 151.288.
(Ord. 2021-08-02, passed 10-12-2021)
Notwithstanding the provisions of § 151.252, where the city has previously approved a development project in concept as part of a master planned development approval, as determined by the City Planning Official, subsequent land use applications for the same project may be processed through a Type I review.
(Ord. 2021-08-02, passed 10-12-2021)
NONCONFORMING SITUATIONS
(A) Purpose. This subchapter provides standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with current Code standards ("nonconforming situations"). The Code is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. The subchapter contains 3 sections as follows:
(B) Applicability. The provisions of this chapter apply to nonconforming situations that were lawfully established. Situations that are nonconforming and were not lawfully established must be lawfully established through the appropriate review procedure. The expansion of nonconforming situations is subject to site design review per §§ 151.250 through 151.256.
(1) Nonconforming uses (e.g., uses not allowed in zone) are subject to division (C);
(2) Nonconforming developments (e.g., structure does not meet minimum setbacks) are subject to division (C); and
(3) Nonconforming lots (e.g., lot is smaller than minimum area standard) are subject to division (D).
(C) Nonconforming use. Where a use of land exists that would not be permitted under the current Code but was lawful at the time it was established, the use may continue, provided it conforms to the following standards:
(1) Limited expansion of nonconforming use. Expansion of a nonconforming use shall not exceed 35% percent of the use, and not more than 35% of the lot area, whichever is less, which existed as of 6-12-2014. Expansion of a nonconforming use requires approval of a Type II site design review per §§ 151.250 through 151.256.
(2) Location of nonconforming use. A nonconforming use shall not be moved in whole or in part from 1 lot to another lot, except as to bring the use into conformance with this Code.
(3) Discontinuation or abandonment of nonconforming use. A nonconforming use that is discontinued for any reason other than fire or other catastrophe beyond the owner's control for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use. For purposes of calculating the 12-month period, a use is discontinued upon the first occurrence of any 1 of the following:
(a) The date when the use of land is physically vacated;
(b) The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock, or office equipment, or the disconnection of telephone or utility service;
(c) The date of termination of any lease or contract under which the nonconforming use has occupied the land;
(d) The date a request for final reading of water and power meters is made to the applicable utility districts;
(e) The date when the owner's utility bill or property tax bill account became delinquent; or
(f) Where data for events listed in divisions (C)(3)(a) through (C)(3)(e), above, is not available, the date of an event similar to those listed in divisions (C)(3)(a) through (C)(3)(e), above, as determined by the Planning Commission.
(4) Application of code criteria and standards to nonconforming use. Once the city deems a use abandoned pursuant to division (B), any subsequent use of the subject lot shall conform to the current standards and criteria of this Code; the prior use shall not be allowed to resume, in whole or in part, under the same or different ownership/management, and any such activity is a violation of this Code.
(5) Extension of nonconforming status for discontinued use. A nonconforming use that is discontinued shall not be considered abandoned where the Planning Commission grants an extension for repair, including as applicable ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the 6-month period of discontinuance.
(6) Exceptions. Properties on NW Main Street having commercial zone designations prior to 2023 and listed in Ord. 2023-07-11 are exempt from division (C)(1) above as confirmed by the Planning Director.
(D) Nonconforming development. Nonconforming development includes situations where a development exists on the effective date of adoption or amendment of this Code that could not be built under the terms of the Code, for example, by reason of restrictions on lot area, lot coverage, location on a lot, setbacks, height, yard, equipment, access, parking, landscaping, or other physical restriction or requirement. If the development was lawful when constructed, it may remain on the site so long as it remains otherwise lawful and complies with the following regulations:
(1) Expansion. Any expansion of a nonconforming development shall not exceed 30% of the subject building area or development area, as applicable; for example, such area may include floor area or other surface area, paving, parking spaces, landscaping, outdoor storage, signage, lighting, or other developed areas that existed as of 6-12-2014. Expansion of a nonconforming development requires approval of a Type II site design review per §§ 151.250 through 151.256.
(2) Other alterations. A nonconforming development shall not be enlarged or altered in a way that increases its nonconformity. A development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this Code or moves in the direction conformity.
(3) Destruction. Should a nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 50% of its current value as assessed by the Washington County Assessor, it shall be reconstructed only in full conformity with this Code. This does not preclude the reestablishment of a nonconforming use after fire or other catastrophe. See also, division (B).
(4) Roadway access. The owner of a nonconforming driveway approach or access to a public street or highway, upon receiving approval from the applicable roadway authority, may be required as a condition of approval to bring the non-conforming access into conformance with the standards of the roadway authority.
(5) Relocation or removal. Once a nonconforming structure, or a portion thereof, is moved to a different lot, it shall thereafter conform to current Code standards.
(6) Exceptions. Properties on NW Main Street having commercial zone designations prior to 2023 and listed in Ord. 2023-07-11 are exempt from divisions (D)(1) and (D)(2) above as confirmed by the Planning Director.
(E) Nonconforming lot. A legal lot or lot of record, as provided by § 151.005, with an area or dimensions that do not meet the standards of the zone in which the property is located, may be occupied by a use permitted in the zone subject to other requirements of the zone.
(Ord. 2021-08-02, passed 10-12-2021; Am. Ord. 2023-07-03, passed 8-8-2023)
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