(a) All business uses in the Office/Professional, General Business, Retail Business, and Light Manufacturing Districts, and conditional uses in the Residential District, unless excepted in subsection (e) herein, shall be permitted only after site plans are reviewed and approved by the Planning Commission, and upon issuance of a zoning permit by the Zoning Inspector.
(b) All uses in the Residential District other than those indicated in subsection (a) herein shall be permitted only after site plans are reviewed and approved by the Zoning Inspector and the Village Engineer, should the Zoning Inspector refer such plans to the Village Engineer, and upon issuance of a zoning permit by the Zoning Inspector.
(c) (1) The Zoning Inspector may accept general or conceptual provisions within preliminary site plans, subject to explicit approval of corresponding provisions in the corresponding final site plan.
(2) The applicant shall specify whether the application is to be reviewed as a preliminary site plan, or as a final site plan. Approval of a preliminary site plan shall not constitute approval of a final site plan.
(3) The purpose of a preliminary site plan review is to ensure compliance with the Zoning Code, including but not limited to permitted or conditional uses, setback requirements, parking requirements, and building dimensions.
(d) Site plans, including preliminary and final, shall be submitted in the form determined by the Zoning Inspector as approved by the Planning Commission. Such plans shall be reviewed and distributed according to the following procedures:
(1) Review for Completeness. Upon receiving an application, the Zoning Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Inspector shall notify the applicant of the necessary changes or additional information needed. The Zoning Inspector shall complete the review within a reasonable time based on the scope of such application. The site plan must provide an accurate description of the proposed uses, structures and site improvements. The following general requirements, where determined applicable by the Zoning Inspector, may be demonstrated in any preliminary site plan, and must be met by any final site plan:
A. The site plan shows that a proper relationship exists between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety and efficient traffic circulation within the site.
B. All the development features, including the principal buildings, open spaces, service roads, driveways and parking areas are located and related as to minimize the possibility of any adverse effects and to maintain harmony with adjacent developments.
C. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
D. Off-street parking lots and loading zones are arranged, located and designed to accommodate the intensity of proposed uses, minimize conflicts with adjacent uses, enhance the character of the neighborhood, and promote shared-use of common facilities by adjoining properties.
E. The site plan includes adequate provision for the screening of parking areas and service areas from surrounding property by landscaping.
F. Grading and surface drainage provision are reviewed and approved by the Village Engineer. All drainage calculations and a drainage area map shall be provided for all developments. Drainage systems, storm water facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by storm water runoff and sedimentation.
G. Maximum possible privacy for surrounding residential property shall be provided through good design and the use of proper building materials and landscaping. Visual privacy shall be provided through structural screening and landscaping treatment.
H. The architectural design of commercial buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line in pattern and character.
I. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City's emergency response capabilities.
J. Building location and placement shall be developed with consideration given to minimizing removal of trees.
K. In parking areas with front yard frontages greater than 400 feet, visual relief shall be provided through the use of tree plantings and landscaped dividers, islands, and walkways. Landscaping and planting shall be a minimum of twenty percent (20%) of the side yard parking area and ten percent (10%) of the rear yard parking area.
L. The site plan shall include a landscaping plan for the site, which plan shall meet the following requirements:
i. he landscaping plan shall show the site, its boundaries and easements, existing and proposed buildings and other permanent features including but not limited to drives, sidewalks, parking areas, signs, fences, dumpster locations, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.
ii. The landscaping plan shall detail existing and proposed trees, plantings, ornamental structures, and other landscaping elements in relation to the site as described in subsection (i) herein, and its topographical contours.
iii. The landscaping plan shall specify a timetable for installation of the proposed landscaping elements as described in subsection (ii) herein.
iv. The landscaping plan shall not incorporate any substantial use of artificial plantings.
M. All exterior lighting fixtures are designed, arranged and shielded to meet the following requirements:
i. Such lighting shall minimize glare and light trespass; no light shall shine directly on adjacent property.
ii. Such lighting shall not be of such intensity or brilliance nor arranged in any way as to impair the vision of a motor vehicle driver or to otherwise interfere with the operation of a motor vehicle, and shall in no way impair safe movement of traffic on any street or highway.
iii. Such lighting shall maximize security.
iv. No strings of open light bulbs shall be permitted.
N. Ingress and egress to the land will not adversely impact access and traffic flow to public facilities and services.
O. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
P. Land use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
Q. The site plans are compliant with all provisions of the Zoning Ordinance.
(2) Distribution of Plans. When the Zoning Inspector determines that the application and its site plans are complete, and the associated fees have been received from the applicant, the Zoning Inspector shall forward the application to the Village Engineer for review and comment. Any reports, comments, or expert opinions shall be returned by the Village Engineer to the Zoning Inspector within a reasonable time based on the scope of the project.
(3) Transmission to the Applicable Board or Commission. Upon receiving the report of the Village Engineer on his review of the application for preliminary or final site plan review, the Zoning Inspector shall distribute the application for site plan review, and any reports prepared by the Village Engineer or other parties, to the Chairperson of the applicable board or commission, who shall place the application on the agenda for the next regularly scheduled meeting of that board or commission.
(4) A. The Zoning Inspector and/or the Planning Commission may require that a performance bond be made payable to the Village of Boston Heights for the issuance of a Zoning Permit in all Districts, in an amount up to one hundred and twenty-five percent (125%) of the construction cost of the use, sufficient to preserve the interests of the Village with respect to such use. The bond must be issued by a recognized and approved bonding company licensed in the State of Ohio and acceptable to the Zoning Inspector. No project shall be released from such bond if there is a failure to comply with approved site plans.
B. The Zoning Inspector and/or the Planning Commission may require that a maintenance bond be made payable to the Village of Boston Heights for the issuance of a Zoning Permit in all Districts, in the amount and duration to be determined by the Zoning Inspector. The bond must be issued by a recognized and approved bonding company licensed in the State of Ohio and acceptable to the Zoning Inspector. No project shall be released from such bond before the Zoning Inspector certifies compliance with the requirements and duration of such bond.
(e) Exception: Zoning Inspector Provisional Approval. Upon application, the Zoning inspector may make a provisional approval for the continuation of a permitted use where only the ownership of the use is changed, where such use has been previously approved by the Planning Commission, and where no modifications of any kind are made to the previously approved site plan and operations of such use.
(1) Such provisional approval shall extend the existing Certificate of Zoning Compliance and permit the continuation of such use up until the second meeting of the Planning Commission following its issuance unless extended by the Planning Commission.
(2) The Zoning Inspector shall present the application for such provisional approval to the Planning Commission, along with the particulars of the previously approved use and site plan, at the next regular meeting of the Planning Commission, whereupon the Commission shall make a final determination of approval. The Zoning Inspector may require the applicant to attend said meeting, or may explicitly waive such requirement.
(3) Applicants bear all the risk associated with continuation of such use under a provisional approval by the Zoning Inspector regardless of whether the use is ultimately approved or modified by the Planning Commission.
(f) The Planning Commission shall send property owners contiguous to, or across the street from, the lot(s) involved in any site plan application, and all other property owners within five hundred (500) feet of any yard of such lot, written notice of the hearing on such application at least five (5) days before the scheduled hearing date. A failure to provide such notice shall not invalidate any determination made by the Planning Commission.
(Ord. 2017-7-15. Passed 9-12-17.)