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TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.2119 GENERAL INTERPRETATIONS.
   In the interpretation of this subchapter, the following rules shall govern:
   (A)   Parking spaces for other permitted or conditional uses not listed in this subchapter shall be determined by the Planning and Zoning Commission.
   (B)   Fractional numbers shall be increased to the next whole number.
   (C)   Where floor area calculations are relevant to determine parking space requirements under this subchapter, and except as otherwise provided herein, "usable floor area" shall be employed as the standard.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
SITE PLAN REVIEW PROCEDURES
§ 155.2201 CONDITIONS FOR REVIEW.
   Site plan review is required when any of the following condition exists: In any district, the construction of any building or expansion of any use that involves the provision of more than five parking spaces on the property to be developed.
(Ord. 37-02, passed 7-10-02)
§ 155.2202 ACCESS CONTROL REQUIREMENTS.
   General standards for parking areas, circulation, and access shall be incorporated as part of the site plan. These standards are found in §§ 155.2101 through 155.2119. As part of the site plan review process, access shall be reviewed relative to the distance from other drive approaches and from roadway intersections. The preferred method of providing access to parcels is to minimize or eliminate driveways by using service roads, rear access roads, or shared driveways. The Planning and Zoning Commission or Zoning Inspector may, as part of the site plan review process, require that driveways be moved, combined, re-aligned, or eliminated to reduce the potential for accidents.
   (A)   Conditional approval of driveways. As part of the site plan review process, the Planning and Zoning Commission or Zoning Inspector may approve a site plan with a specific driveway location with the condition that an agreement be first entered into between the property owner and the city, requiring that if a service road is constructed in the future, or if the opportunity for a shared driveway should present itself with development of adjacent property, one or more approved driveways shall be closed and measurements taken to utilize such service road or shared drive. Approval of driveways may also include restrictions on turning movements, locations, or other requirements to ensure safe and efficient traffic movement.
   (B)   Construction and use of service roads. When a service road is required, such improvement shall be constructed by the developer of the involved property before any occupancy or use permit is granted. When a service road is provided, all access to an adjacent property shall use that service road and no direct access to the main thoroughfare shall be provided.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
§ 155.2203 TRAFFIC IMPACT STUDY.
   A traffic impact study shall be a requirement for site plan review if the expected trip generation of the use is 100 or more cars per hour as identified in the Institute of Traffic Engineers (ITE) Manual. A traffic impact study shall be prepared by a qualified professional engineer at the developer's expense. The traffic impact study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, and other relevant information to the site to protect the safety of the traveling public. The traffic impact study shall include the following elements:
   (A)   A description of the site and study area.
   (B)   Anticipated development of adjacent parcels.
   (C)   Trip generation and distribution, including a description of all assumptions used to generate findings of trip distribution.
   (D)   Modal split, if applicable.
   (E)   Traffic assignment resulting from the development.
   (F)   Projected future traffic volumes.
   (G)   An assessment of the impact that would result from driveway alternatives.
   (H)   Recommendations for site access and transportation improvements needed to maintain traffic flow within and past the site at an acceptable and safe level of service.
   (I)   An evaluation of the effects the proposed development will have on the level of service and roadway capacity.
(Ord. 37-02, passed 7-10-02)
§ 155.2204 PROCEDURE FOR SITE PLAN REVIEW.
   (A)   (1)   Formal submission and approval of a site plan is required before any zoning permit may be issued. Formal submission and approval of a site plan includes following the review procedures and submission requirements defined herein. Notwithstanding these requirements, however, at any time prior to the formal submission and review of a site plan, an applicant may at his or her option submit a sketch site plan for informal review and comment. The purpose of such a sketch site plan is to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of a formal site plan. A sketch site plan need not include all items described in division (D) of this section, and informal review of the site plan need not include the notifications required under division (B) of this section.
      (2)   Site plans that include less than 100 new parking spaces shall be reviewed, approved, disapproved, or approved with modifications by the City Engineer in accordances with the standards contained in this chapter. Site plans that include 100 or more new parking spaces and/or if a traffic study is required pursuant to § 155.2203 shall be reviewed, approved, disapproved, or approved with modifications by the Planning and Zoning Commission in accordance with the standards contained in this chapter and after consideration of the recommendation by the City Engineer.
      (3)   An applicant for formal site plan approval shall file ten copies of a plan with the Zoning Inspector along with other required documents and an application fee. For developments also requiring conditional use approval, the procedure established in §§ 155.1801 through 155.1803 shall be followed. The Planning and Zoning Commission may concurrently address the issue of site plan approval and conditional use approval.
      (4)   After reviewing an application for formal site plan approval for completeness and determining that the application and site plan is complete, the Zoning Inspector shall transmit copies of the site plan to individual departments and agencies. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within 30 days following the determination that the application is complete, one of the following actions shall be taken:
         (a)   Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and the plan meets the standards set forth in this chapter.
         (b)   Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in division (C) of this section.
         (c)   Approval of the site plan subject to any conditions, modifications, and restrictions as required to ensure that the project meets the standards for review.
      (5)   If the site plan is disapproved, the specific basis for such disapproval shall be provided, along with a clear description of how the site plan could be modified to be approved. Any resubmission of a site plan need only be submitted to the Planning and Zoning Commission for review, after adjoining property owners previously notified have been provided ten days notice by first class mail of such a subsequent meeting. Appeals from Commission decisions may be made in the manner specified in § 155.1803.
   (B)   Submission requirements. A site plan shall be prepared at a scale of one inch equals 20 feet (developments more than five acres may be drawn at a scale of one inch equals 50 feet), on standard 24-inch x 36-inch sheets with continuation on 8½-inch x 11-inch sheets as necessary for narrative. A site plan shall include all data, details, and supporting information as outlined in division (D) of this section. An additional fee may be required to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, architect, or landscape architect, or other professional consultant to advise the city on any or all aspects of the site plan.
   (C)   Standards for review. Site plans shall be reviewed in accordance to the following criteria:
      (1)   Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
      (2)   Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment; adequate parking, adequate lighting, and internal traffic control.
      (3)   Services. Reasonable demands placed on municipal services and infrastructure.
      (4)   Pollution control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface water and groundwater. This includes controlling soil erosion both during and after construction.
      (5)   Nuisances. Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, and the like.
      (6)   Existing vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
      (7)   Amenities. The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside planting, and the retention of open space.
      (8)   Community character. The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape.
   (D)   Site plan content. A site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All site plans shall be prepared by a registered professional engineer, architect, landscape architect, or surveyor. Items required for submission include:
      (1)   Name of the project, boundaries, and location maps showing the site's location in the city, date, north arrow, and scale of the plan.
      (2)   Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect who prepared the site plan.
      (3)   Names and addresses of all owners of record of abutting parcels and those within 300 feet of the property line.
      (4)   All existing lot lines, easements, and rights-of-way. Include area in acres or square feet and abutting land uses.
      (5)   The location and use of all existing and proposed buildings and structures within the development including building footprints, overhangs, site coverage, building-ground contact, and area. A brief description of the use of the site shall be included with an estimate of the number of employees.
      (6)   All dimensions of height and floor area and showing all exterior entrances.
      (7)   Illustrations of traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences.
      (8)   The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures.
      (9)   The location, height, size, materials, and design of all proposed signage.
      (10)   The location of all present and proposed utility systems, including sewage systems, water supply system, telephone, cable and electrical systems, storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
      (11)   Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the watertable, and flooding of other properties, as applicable.
      (12)   Existing and proposed topography at a two foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100-year floodplain, the area will be shown and base flood elevations given. This requirement shall be waived if the project involves the expansion of an existing building.
      (13)   A landscape plan showing all existing natural land features, trees, forest cover and water resources, and all proposed changes to these features including size and type of plant material. Water resources will include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas.
      (14)   For new construction or alterations to any existing building, a table containing the following information must be included:
         (a)   Area of building to be used for a particular use such as retail operation, office, storage, and the like, and maximum number of employees.
         (b)   Maximum seating capacity, where applicable.
         (c)   Number of parking spaces existing and required for the intended use.
   (E)   Enforcement. The city shall require the posting of a surety bond or other similar performance guarantee to ensure that all planned changes within the public right-of-way are completed in the event that the project is abandoned. The city may suspend the zoning permit when work is not performed as required by the site plan. Site plan approval issued under this section shall lapse within one year if a substantial use thereof has not commenced, except for good cause.
(Ord. 37-02, passed 7-10-02)
SIGN REGULATIONS
§ 155.2301 PURPOSE.
   This subchapter regulating signs in the city is established to promote safety, welfare, and aesthetic community desires and preferences for signs. These regulations are in addition to requirements defined as part of the Downtown Historical District.
(Ord. 37-02, passed 7-10-02)
§ 155.2302 APPLICABILITY.
   After the effective date hereof, no sign or outdoor advertising structures shall be erected, moved, materially or substantially altered, or enlarged in any zoning district except as hereinafter provided or as otherwise permitted.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
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