Notwithstanding the provisions of Section 1121.34, the following conditions and safeguards shall be satisfied prior to the granting of a conditional use permit, except as expressly provided herein below.
(a) Survey and Approval by City Engineer or Consulting City Engineer. The City Engineer or Consulting Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building set forth in the application for a building permit and shall forward his opinion to the Building Commissioner and the Planning Commission prior to any approval of a building permit and prior to approval of the Planning Commission.
(b) Site Plan and General Building Plan Review and Approval. Whenever site plan and general building plan review and approval is required pursuant to this Zoning Ordinance, an application shall be filed with the Planning Commission. On the date of such filing, a copy of the application and all included information and materials shall also be filed by the applicant with the Building Commissioner. The approval or disapproval of such applications, as well as procedures for submission of the plan to Council, plus Council's power to override the Commission's formal action shall be conducted pursuant to City Charter Section 10.03. No modification or change in any building, structure, use, development or activity so approved shall be made except upon application to the Commission and Council as required herein for the building, structure, use, development or activity sought to be modified or changed. The application shall contain the following information and materials:
(1) The applicant's name and address and his interest in the subject property;
(2) The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;
(3) The street address and legal description of the property;
(4) The zoning classification and present use of the subject property;
(5) The proposed use or uses and a general description for the proposed development;
(6) A final plan or replat of the subdivision, as approved pursuant to Chapter 1111 of the Planning and Zoning Code;
(7) If the property is subject to the Master Plan, as defined in Chapter 1104, a statement indicating and explaining how the proposed use substantially conforms to the Master Plan;
(8) Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at a minimum, existing soil conditions, water courses, marshes, trees with trunk diameters in excess of four (4) inches, rock outcroppings and existing contours in excess of two (2) feet in one hundred (100) feet;
(9) Map(s) showing the location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, number and size of dwelling units, number of bedrooms, in residential uses, and building separations;
(10) Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure;
(11) Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways; driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways;
(12) The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations;
(13) All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow;
(14) Location, height, size and arrangement of all outdoor signs and the location, intensity, direction and shielding of all outdoor lighting;
(15) Location and height of fences of screen plantings and the type or kind of building materials or plantings to be used for fencing or screening;
(16) Final elevations of proposed structures with the type or kind of building materials used; calculations of the percentage of masonry of the entire structure;
(17) Location, designation and total area of all usable open space;
(18) A soil erosion control plan for the period during which construction will be taking place;
(19) In the case of any proposed use requiring a conditional use permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed conditional use by this Zoning Ordinance; and
(20) Any other information, materials, documents or testimony that may be required by the Planning Commission or Building Commissioner to determine that the application is in compliance with the codes and ordinances of Brook Park.
(c) Additional Information Required. Whenever a conditional use permit is required pursuant to this Zoning Ordinance, the following additional information shall be submitted as part of the application for site plan and general building plan review and approval required by subsection (b) hereof, subject to the provisions of subsection (d) hereof:
(1) All final environmental assessments and environmental impact statements for the proposed building, structure, use, development or activity if either or both are required pursuant to State or Federal law, including but not limited to the National Environmental Policy Act of 1969, as amended;
(2) Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, development or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting a location for the proposed building, structure, use, development or activity over alternatives thereto;
(3) A description of the present use, assessed value and actual value of land which will be used by the proposed building, structure, use, development or activity, together with a description of the expected future use of all such land, including all long-term plans and master plans of the applicant for the future use or development of such land;
(4) A description of the applicants ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity;
(5) A description of the feasibility and costs of any necessary removals of, or modifications to, residential, commercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant;
(6) A description of all special construction requirements for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;
(7) A description of ingress and egress to and from the proposed building, structure, use, development or activity, including projections of future ground traffic, traffic impact surveys, descriptions of existing ingress and egress routes, description of necessary or proposed expansions or enlargements of routes and parking areas;
(8) If the proposed use or activity will result in increased noise in the City of Brook Park, data demonstrating compliance with the guidelines set forth in Section 1121.38(f) of the Planning and Zoning Code;
(9) Copies of all studies undertaken or considered by any local, State or Federal agency in connection with the proposed building, structure, use, development or activity.
(d) Waiver of Certain Application Requirements.
(1) Council, upon recommendation by the Planning Commission, may, after a public hearing, waive any part or all of the application requirements set forth in subsection (c) hereof upon petition by the applicant stating and establishing that:
A. Full compliance with such application requirements would be unreasonably burdensome; and
B. The proposed building, structure, use, development or activity will not have a substantial impact on adjacent or surrounding areas.
(2) A waiver may be granted only if Council determines that the waiver petition is sufficient upon which to find that the proposed building, structure, use, development or activity will comply fully with all applicable ordinances and master plans of Brook Park and that the proposed building, structure, use, development or activity will not have a substantial impact on adjacent and surrounding areas.
(Ord. 7862-1993. Passed 10-19-93.)