(A) Purpose. In order to promote the general public welfare, to encourage the efficient use of land and resources and to promote greater efficiency in providing public and utility services and to encourage innovation in planning and building the following regulations shall be applicable to commercial and office developments.
(B) Application. This provisions of this chapter shall apply to all lands within the village which are to be used for office and/or commercial purposes and for parcels greater than 20 acres. The area of a district must be an integral tract. It cannot be a collection of isolated pieces of land.
(C) Permitted uses. Within the Planned Commercial and Office District (PC) the following uses, developed in strict compliance with the approved development plan and standards shall be permitted:
(1) Commercial and office establishments of all types developed and maintained within an organized development of associated commercial activities in accordance with the approved development plan.
(2) Community facilities such as libraries, offices or educational facilities operated by a public agency or government.
(3) Commercial establishments normally associated with and intended to service the traveling public with hotels, motels, short-term residences, service stations, restaurants, and other uses of a recreational, educational, cultural or entertainment nature or character.
(4) Apartments or dwellings which are planned to be integrated into the commercial development according to a development plan provided such apartments or residences do not exceed 10% of the gross area of the development.
(D) Prohibited uses.
(1) No use not specifically authorized by the express terms of this subchapter shall be permitted.
(2) Outdoor storage of inoperable, unlicensed or unused motor vehicles are prohibited. The vehicles if stored on the premises shall be enclosed within a building so as not to be visible from any adjoining property or public road.
(3) No trailer of any type, no boats, no motor homes and no equipment of any type shall be parked in front of the front building line on any parcel within this district. If a dwelling is located on the lot the building line shall be considered to be the front wall of the dwelling even if the dwelling is located behind the minimum building line established by this code or the restrictions on the plat or subdivision.
(4) No trash, debris, unused property or discarded materials shall be permitted to accumulate on any lot or portion thereof which creates an eyesore, hazard or nuisance to the neighborhood or general public.
(E) Procedure. In addition to any other procedures set out in this chapter all applications for amendments to the zoning map to rezoning lands to this district shall follow the procedures hereinafter set forth:
(1) Application. The owner(s) or lessee(s) of lots within the village may request that the zoning map be amended to include such tracts in the Planned Commercial District in accordance with the provisions of this chapter.
(2) Development. Six copies of the development plan shall be submitted with the application, which plan shall include in the text and map form:
(a) The proposed size and location of the Planned Commercial District.
(b) The general development character of the tract including the specific limitations or controls to be placed on commercial, office, residential and related uses, with probable lot sizes and other development features including landscaping.
(c) Architectural design criteria for all structures and criteria for proposed signs with proposed control procedures.
(d) The proposed provisions for water, sanitary sewer and surface drainage with engineering feasibility studies or other evidence of reasonableness.
(e) The proposed traffic patterns showing public and private road and other transportation facilities, including their relationship to existing conditions, topographically and otherwise. Any development utilizing a private road must have a minimum width of 60 feet fronting on a public road.
(f) The relationship of the proposed development to existing and probable uses of surrounding areas during and after the development timetable.
(g) The proposed time-table or schedule for development of the site including street, transportation facilities, building, utilities and other facilities.
(h) If the proposed timetable for development includes developing the land in phases, all phases to be developed after the first, which in no event shall be less than ten acres or the whole tract (whichever is smaller), shall be fully described in textural form in a manner calculated to give village officials definitive guidelines for approval of future phases.
(3) Criteria for approval. In approving an application for a Planned Commercial District, the reviewing authorities shall determine:
(a) If the proposed development is consistent in all respects with the purpose, intent and applicable standards of this chapter.
(b) If the proposed development is in conformity with this chapter and/or comprehensive plan or portion thereof as it may apply.
(c) If the proposed development advances the general public welfare of the village and the immediate vicinity.
(4) Procedure for rezone. The procedure outlined in R.C. § 713.12 shall be followed to consider an application for a rezone to a Planned Commercial District. Approval of the application pursuant to that section shall constitute a rezone of that land in accordance with the applicant's development plan.
(5) Administration of the Development plan. Administration of the development plan shall be performed by the Village Planning Commission in accordance with the following procedures:
(a) Administrative review; minor deviations. All plats, construction drawings and other necessary documents shall be submitted to the Village Planning Commission or their designated technical advisors for administrative review and approval before filing to insure substantial compliance with the development plan as approved. Minor changes in the location of buildings, structures, streets or parking areas may be approved without public notice by the Village Planning Commission.
(b) Major deviations and public hearing.
1. Any major deviation from the approved development plan shall not be considered by the Village Council until the owner of the property makes a detailed written application to the Village Council. The application shall specifically detail the changes requested and the reasons for the change. A major deviation shall include but not be limited to changes in use and/or character of the development, increases of density of more than 10% and increases in numbers of structures. Any change in land use not otherwise permitted by this chapter in a Planned Commercial District shall require a rezone of the land.
2. Upon receipt of any application for a major deviation from the approved development plan the Village Council shall forward the application to the Village Planning Commission. The Commission shall make a written recommendation for the approval, modification, or denial of the application. Upon receipt of the Commission's recommendation, the Village Council shall hold a public meeting on the application. The public meeting shall be held within ten days of receipt of the Commission's recommendation. Notice of the public meeting shall be published once at least three days before the date of the meeting. Within 20 days of the meeting the Village Council shall either approve or disapprove the landowner's application. The applicant can amend his or her application at anytime prior to the Village Council's vote. Approval of the application shall require a majority vote of the Council. An applicant can submit subsequent applications for major deviations at anytime provided there is a reasonable and material amendment to the preceding application.
3. The Village Council shall not conduct the meetings in a quasi-judicial manner wherein the opportunity for hearings and the introduction of evidence is permitted. The decisions of the Village Council shall be final and not appealable.
(6) Plat required.
(a) In the Planned Commercial District (PC), no use shall be established or changed and no structure shall be constructed or altered until the required subdivision plat has been prepared and recorded in accordance with village's subdivision regulations.
(b) The subdivision plat shall be in accord with the approved development plan and shall include:
1. Site arrangement, including building setback lines and space to be built upon with the site; water, fire hydrants, sewer, all underground public utility installations, including sanitary sewers, surface drainage and waste disposal facilities; easements, access points to public rights-of-way, parking areas and pedestrian ways; and land reserved for non-highway service use with indication of the natures of that use.
2. Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the land, the improvements thereon, and the activities of occupants, including those applicable to areas within the tract to be developed for residential uses.
(7) Default. If construction of any building has not been commenced within three years after approval of the initial development plan, approval of the plan shall expire, unless an extension of the time limit has been approved by a majority of the Council.
(F) Development standards. In addition to any other provisions of this chapter the following standards for arrangement and development of lands and buildings are required in the Planned Commercial District.
(1) Lot width and size. Any development under the standards of this chapter shall have a minimum acreage not less than 20 acres. No minimum lot width or size shall be required in this district; however, all lands shall be accessible by means of a duly dedicated public roadway or private roadway constructed in accordance with the specifications prescribed by the Village Engineer and the village subdivision regulations. All parcels shall be adequate in size to provide the yard space, landscaping and off-street parking as herein required.
(2) Setbacks.
(a) Side yard. There shall be no required side yard setback between businesses which are located in the same building, but there shall be a minimum of an eight-foot setback between any building and the side yard line which shall not be used for any other purpose. If the side yard abuts a Residential District or existing residential use, the minimum side yard setback on that side shall be 30 feet which shall not be used for any other purpose.
(b) Rear yard. Rear yard setbacks shall be a minimum of 30 feet or 20% of the total depth of the lot whichever is less, but in no event, less than ten feet. If a rear yard abuts a residential district or existing residential use, the minimum rear yard setback shall not be used for any other purpose and shall be maintained as green space only and planted with grass, trees, shrubs or flowers.
(c) Front yard. Front yard setbacks shall be a minimum of 30 feet.
(3) Building heights. No building within this district shall exceed 40 feet in height. This height restriction may be extended by the Village Council at such time the Township Fire Chief warrants that fire apparatus is in service that provides fire safety to buildings of greater height.
(4) Landscaping. All yards, front, rear, and side shall be landscaped. The landscape plans shall be submitted with the development plan. The following provisions shall apply to the landscape plan:
(a) As used in this section LIVING LANDSCAPE MATERIALS includes grass, ground cover, vines, shrubs, trees, hedges, and perennial flowers.
(b) Non-living landscape materials shall include crushed brick, pea gravel, beach pebbles, flagstone, sand, ornamental stones, boulders, bricks, or crushed brick.
1. Landscaping composed of living plant materials shall be used in an area equal to at least 10% of the minimum front yard setback area, but may be located anywhere between the road right-of-way and the principal building.
2. Except to the extent that the balance of the front yard setback area is used for parking, driveways, maneuvering lanes or sidewalks as otherwise permitted or required under this chapter the remainder of the front yard setback area shall be landscaped with either living or non-living landscaped materials.
(c) No bare earth shall be permitted to be exposed after the project is completed.
(d) Common or naturally occurring weeds shall not be permitted as part of the landscape plan.
(e) No landscape materials which are placed within ten feet of the street right-of-way shall exceed 24 inches in height.
(f) All landscape materials shall be installed in a manner which is in accordance with acceptable construction planting practices.
(g) Landscape materials approved in the site plan shall be installed within 12 months of the approval of the site plan.
(h) The property owner shall be responsible for the continues proper maintenance of all landscape materials and shall keep them so as to present a neat and attractive appearance.
(i) All unhealthy and dead plant material shall be replaced during the next planting season.
(6) Parking. Off-street parking shall be provided at the time of construction of the main structure or building. The parking plan shall include a plan that addresses ingress and egress from the property as well as traffic control and impact on adjoining and abutting parcels as these relate to traffic safety and the reasonable movement of traffic. The standards set forth in §§ 155.320 to 155.333 below shall be followed.
(7) Lighting.
(a) Unreasonable illumination. No area lighting or lighting of buildings shall be permitted which causes unreasonable illumination of adjacent property.
(b) General requirements. For the purposes of this section, the following provisions shall apply. All lighting shall be controlled in such a way as to not shine up into the sky or onto any neighboring properties. Examples of ways in which this shall be accomplished are:
1. Use of fully shielded cut-off fixtures;
2. Directing light fixtures downward rather than upward;
3. Shielding the light in such a way that the light emitting portion of the fixture cannot be seen at a reasonable distance.
(8) Service/loading areas. When any use within this district requires the pick up or delivery of merchandise or supplies, an adequate loading area for such activity shall be provided on the lot occupied by the use. No such loading area shall be located on any public street or alley. The loading area, as provided shall be adequate in size to accommodate tractor-trailer (semi) units with adequate room to permit entry to the loading area without interfering with traffic on adjacent streets or highways. Open service areas shall be screened or designed to effectively screen their visibility from adjoining streets or buildings.
(9) Construction and maintenance of improvements within right-of-way. The construction and maintenance of all improvements behind the curb line or the edge of pavement including, but not limited to drainage improvements, landscaping improvements, sidewalks and/or driveway approaches shall be the responsibility of the abutting property owner.
(10) Drainage channels. All drainage channels shall be maintained or be relocated so as to avoid flooding or damage to adjoining properties from surface waters.
(Ord. 87-27, § 385, passed 7-7-1987; Ord. 9-97, passed 2-3-1997)