(a) Purpose. The purpose of the site plan review procedure is to ensure that certain types of development comply with the development and design standards of this code. Zoning certificates for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved site plan.
(b) Applicability and Review Authority.
(1) Unless specifically exempted in Section 1103.11(c), no construction, expansion, site improvements, or demolition of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.
(2) The following activities require a major site plan that shall be reviewed by the Planning Commission prior to issuance of a zoning certificate:
B. Any development involving the addition of more than twenty-five percent (25%) of the gross floor area of a structure or more than 5,000 square feet, whichever is less;
C. Any site development involving the addition of more than 2,500 square feet of vehicular use areas;
D. Any development of a nonresidential use adjacent to a residential zoning district;
E. A development that the Zoning Administrator determines conflicts with an adopted Village plan; or
F. A development that involves a nonconforming use, nonconforming structure, nonconforming site, or nonconforming lot.
(4) The Zoning Administrator shall have the authority to forward a minor site plan review application, over which they have authority, to the Planning Commission for review as a major site plan review if the Zoning Administrator finds:
A. That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use or development; or
B. There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.
(c) Exemptions. The following forms of development shall be exempt from the requirements for a major or minor site plan review:
(1) The construction, enlargement, or other modification of single-family dwellings and two- family dwellings solely for residential uses;
(2) Any development that has been approved as part of a Planned Development District approval;
(3) Demolition of a hazardous or nuisance structure;
(4) Re-occupancy of an existing building or the internal construction or change in the amount of floor area of a building or structure that does not increase the gross floor area, increase the intensity of use, or affect parking, landscaping, or architectural requirements on a site that meets all of the development standards of this code; and
(d) Minor Site Plan Review Procedure. The minor site plan review procedures shall proceed as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the minor site plan application.
B. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall review the minor site plan application in the same manner as a zoning certificate (See Section 1103.13.) and make a decision on the application or forward the application to the Planning Commission as a major site plan review, in which case the Planning Commission shall be responsible for making a final decision on the site plan review. An extension on the decision may be granted with approval from the applicant.
C. Approval of a minor site plan review shall result in the issuance of a zoning certificate.
(e) Major Site Plan Review Procedure. The major site review procedures shall proceed as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall review the site plan application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete. If the site plan application includes an application for a modification (See Section 1103.11(f) below.), then such applications shall be simultaneously reviewed as part of this procedure.
B. Where a site plan modification is requested, then the major site plan review shall be reviewed as part of a public hearing provided adequate notification is provided pursuant to Section 1103.06(c)(2).
C. In reviewing the application, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within forty-five (45) days of the Zoning Administrator determining that the application is complete, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application. If the application is subject to a public hearing to consider site plan review modifications, then the Planning Commission shall make a decision within thirty (30) days of the close of the public hearing.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(f) Major Site Plan Review Modifications.
(1) The Planning Commission may consider modifications from the development standards of this code as it applies to major site plans as part of a separate variance application and review.
(2) Any modifications to previously approved site plans shall be reviewed in accordance with Section 1103.06(b)(4).
(g) Review Considerations. In order to approve any site plan, the Zoning Administrator or Planning Commission, as applicable, shall consider the following:
(1) The proposed development is consistent with all the requirements of this code, and other related codes and ordinances of the Village;
(2) The proposed development is in compliance with the applicable zoning district regulations unless a variance was approved for such regulations;
(3) The proposed development complies with any established standards or requirements in adopted Village plans;
(4) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use permit approvals, variance approvals, etc.);
(5) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
(7) Adequate provision is made for safe and efficient pedestrian and vehicular travel within the site and to adjacent property;
(8) The following specific areas shall be preserved to the extent possible as open space:
A. Unique and/or fragile areas, including wetlands;
B. Significant trees or stands of trees;
C. Property within the 100-year floodplain as mapped by the National Flood Insurance Program;
D. Poorly drained soils.
E. Steep slopes in excess of twenty percent (20%) percent as measured over a ten (10)-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;
F. Habitats of endangered wildlife, as identified by the State of Ohio, Department of Natural Resources, Natural Heritage Program.
G. Historically significant structures, as identified by local officials, Ohio Historic Inventory, or National Register of Historic Places/Districts.
(9) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(10) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(11) The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties;
(12) The design treatment of the site and all proposed structures shall ensure compatibility and sensitivity to adjacent properties and structures;
(13) Adequate provision is made for emergency vehicle access and circulation; and
(14) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(h) Significance of an Approved Site Plan.
(1) An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit.
(2) All construction and development under any zoning certificate shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the zoning certificate and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(i) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate within one year of the date the site plan was approved or the site plan approval shall expire.
(2) Upon expiration of a site plan approval, a new application, including all applicable fees, shall be required before a new site plan will be reviewed.
(3) Upon written request, one extension of up to six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for zoning certificate issuance, as part of its approval, based on the scale of the proposed development.
(j) Appeals.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator for minor site plans shall have the right to appeal the decision to the PLANNING COMMISSION as established in Section 1103.14: Appeals to the Planning Commission.
(2) Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission for major site plans shall have the right to appeal the decision to the Village Council as established in Section 1103.15: Appeals to Village Council.
(Ord. 2023-16. Passed 6-5-23.)