A. General Requirements: Table 5-A summarizes the development reviews permitted under the UDO. Subsequent sections of the UDO define the applicable review processes and submittal requirements.
B. Accessory Use and Buildings – Major: A Major Accessory Use is an accessory use that, because of its size, location, or intensity of activity, may have a material impact on adjacent property as determined by the City Planner. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. The Planning Commission considers major accessory uses for approval. See Section 9.39 for standards. (Ord. 5-18)
C. Accessory Uses and Buildings – Minor: A Minor Accessory Use is an accessory use that will not have a material impact on adjacent property as determined by the City Planner. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. The City Planner considers minor accessory uses and buildings for approval. See Section 9.39 for standards. (Ord. 5-18)
D. Certificates of Zoning Compliance (CZC): The Certificate of Zoning Compliance shall demonstrate that an approved development complies with the requirements of the UDO. The CZC must be issued prior to allowing a building permit to be issued. No building or other structure shall be erected, constructed, re-constructed, enlarged, moved or structurally altered, nor shall any excavation or site improvements be commenced, until the following has occurred:
1. The owner of the property involved or a person having an interest in such property and acting under written authority of the owner has applied for a CZC;
2. The application for a CZC shall include the submittal of a site plan as defined herein;
3. The City Planner, Planning Commission, or Board of Architectural Review shall review and approve a CZC depending upon whether a major or a minor site plan is required; (Ord. 16-16)
4. The City Planner has issued the CZC following approval of the site plan; and,
5. Existing zoning and property maintenance violations have been remedied. (Ord. 16-16)
A CZC shall become void at the expiration of one (1) year after the date of issuance unless a building permit has been issued and construction has begun. If no construction has begun or the use has changed within one (1) year of the date of the certificate, a new application and certificate shall be required. See Article 11 for the definition of Start of Construction. (Ord. 5-18)
Table 5–A: Development Approvals (Ord. 16-13)
Request | UDO Application | UDO Permit(s) Required Before Construction | Approval Authority | Initial Appeal | Second Appeal |
Request | UDO Application | UDO Permit(s) Required Before Construction | Approval Authority | Initial Appeal | Second Appeal |
Accessory Use, Major | Zoning Certificate Application | Certificate of Zoning Compliance (CZC) | Planning Commission | City Council | Court of Common Pleas |
Accessory Use, Minor | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
Certificate for Nonconformance | Certificate for Nonconforma nce | CZC | City Planner | Planning Commission | City Council |
Certificate of Zoning Compliance (CZC) | Certificate of Zoning Compliance (CZC) | CZC | City Planner | Planning Commission | City Council |
Certificate of Zoning Compliance (CZC) - CP Overlay District | Certificate of Zoning Compliance (CZC) | CZC | City Planner | ||
Change in Use | Zoning Verification Application | CZC | City Planner | Planning Commission | City Council |
Conditional Use | Conditional Use | Conditional Use Certificate | City Council | Court of Common Pleas | |
Development Plan | Zoning Certificate Application | CZC | City Council | Court of Common Pleas | |
Floodplain Permit | Floodplain Permit | Floodplain Permit | City Engineer | Planning Commission | City Council |
Landscape Plan, Major | Zoning Certificate Application | CZC | Planning Commission | City Council | Court of Common Pleas |
Landscape Plan, Minor | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
Rezoning | Zoning Certificate Application | CZC | City Council | Court of Common Pleas | |
Sign | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
Site Plan, Major | Site Plan, Major | CZC | Planning Commission | City Council | Court of Common Pleas |
Site Plan, Minor | Site Plan, Minor | CZC | City Planner | Planning Commission | City Council |
Subdivision, Major Preliminary Plat | Subdivision Application | Letter of Approval | Planning Commission | City Council | Court of Common Pleas |
Subdivision, Major Final Plat | Subdivision Application | Mayor and Planning Commission Chair | City Council | Court of Common Pleas | |
Subdivision, Minor Lot Split | Subdivision Application | Signature of City Planner on Legal Description | City Planner | Planning Commission | City Council |
Temporary Use | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
Use Interpretation | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
UDO Interpretation | Zoning Certificate Application | CZC | City Planner | Planning Commission | City Council |
Variance | Variance Application | CZC | Planning Commission | City Council | Court of Common Pleas |
E. Changes in Use: A change in the use of a building or structure may be approved by the City Planner if the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the Official Zoning Map. A change in use may or may not involve interior or exterior building alterations. An application must be filed.
F. Conditional Use: Conditional Uses are those uses that because of special requirements or characteristics may be allowed in a particular zoning district only after review by the Planning Commission and granting of Conditional Use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same district zone or vicinity. A Conditional Use shall be allowed in a zoning district after permission is granted by the City Council in accordance with the provisions of the UDO.
1. Standards for Approval: The following standards shall be considered in the review of Conditional Use Applications:
a. The Conditional Use is a use that may be permitted with conditions, in the District for which it is proposed;
b. The Conditional Use will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan or this UDO;
c. The Conditional Use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
d. The Conditional Use will not be hazardous or unreasonably disturb existing or future neighboring uses;
e. The Conditional Use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;
f. The Conditional Use will not create excessive additional requirements, at public cost, for public facilities and services and will not be detrimental to the economic welfare of the community;
g. The Conditional Use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare negative appearance, or odors;
h. The Conditional Use will have vehicular approaches to the property, which shall be designed so as not to interfere with traffic on surrounding public thoroughfares; and,
i. The Conditional Use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance.
2. The Planning Commission and City Council shall each hold a public hearing on a Conditional Use in accordance with Section 5.06 D of this UDO.
3. A Conditional Use Certificate shall authorize a particular conditional use on a specific parcel for which it was approved. The Conditional Use Certificate is non-assignable and shall expire 1 year from the date of enactment, unless prior to that date the applicant commences actual construction or business. There shall be no modification of a conditional use certificate except by Planning Commission.
G. Development Plan: Approval of a Development Plan is required within the Residential Planned Development (R-PD), Office Planned Development (O-PD), Business Planned Development (B-PD), Industrial Planned Development (I-PD) and the Overlay Districts. The two-step Development Plan review and approval process includes submission of a Preliminary Development Plan and a Final Development Plan. Depending on the scope and complexity of the project proposed, the Planning Commission may permit the Preliminary Development Plan and the Final Development Plan to be combined as one (1) submission. The TRC, the Planning Commission and City Council review both plans. (Ord. 17-14, 16-16)
1. Standards for Approval, Preliminary Development Plan (PDP). The following standards shall be considered in the review of Preliminary Development Plan applications: (Ord. 16-16, 5-18)
a. The PDP addresses the goals, objectives, and outcomes of the City's Comprehensive Development Plan and other adopted plans of the City;
b. The PDP meets the purpose and general characteristics of the substantive Planned District as described in Article 7.17;
c. The PDP addresses the impact of the project on other property or other uses located on the same property;
d. The PDP addresses compatibility with development on nearby property;
e. The PDP addresses safe conditions for pedestrians or motorists and the prevention of dangerous arrangement of pedestrian and vehicular ways; and
f. The PDP addresses safe ingress and egress on the site, and circulation within the site, for emergency vehicles.
2. Standards for Approval, Final Development Plan (FDP). The following standards shall be considered in the review of Final Development Plan applications: (Ord. 16-16, 5-18)
a. The FDP addresses the goals, objectives, and outcomes of the City's Comprehensive Development Plan and other adopted plans of the City;
b. The FDP complies with the applicable requirements of the UDO;
c. The FDP adequately protects other property or other uses located on the same property;
d. The FDP is compatible with other development on nearby property;
e. The FDP provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways; and,
f. The FDP provides safe ingress and egress on the site, and circulation within the site, for emergency vehicles.
3. The Planning Commission and City Council shall each hold a public hearing on a Development Plan in accordance with Section 5.06 (D) of this UDO. The Planning Commission serves as a recommending body to the City Council for Development Plans. City Council serves as the final review authority for all Development Plans. (Ord. 16-16)
4. Effect of Approval, Preliminary Development Plan: A Preliminary Development Plan (PDP) approval by the City Council shall not constitute an amendment to the Centerville Zoning Map. A PDP approval shall be valid for a period of one (1) year to allow the official submittal of a Final Development Plan. Unless the required Final Development Plan is properly submitted for Planning Commission review within the one year period, the PDP approval shall be voided unless an application for a time extension is submitted and approved by City Council. (Ord. 16-16)
5. Effect of Approval, Final Development Plan: A Final Development Plan (FDP) approval by the City Council shall constitute an amendment to the Centerville Zoning Map as it applies to the land included in the approved amendment for the appropriate Planned and Overlay Districts. In the event zoning and building permits are not issued in association with an approved FDP within two (2) years of approval, the FDP shall expire. The expiration of an FDP shall also result in the expiration of the associated PDP. Therefore the land shall revert to its last previous zoning district, unless an application for an extension is submitted and approved by City Council. Where conflicts exist, the approved FDP shall supersede all previous PDP or FDP approvals. (Ord. 16-16)
H. Minor Modifications: After the Major Site Plan has been approved by Planning Commission or the Board of Architectural Review and prior to issuing a Certificate of Occupancy, adjustments or rearrangements of buildings, drives, parking areas, recreation areas, entrances, heights, yards, changes to the exterior façade, or similar modifications, may be requested by the applicant. The City Planner shall review such amendments to a major site plan if the change involves 25 percent or less of the original gross floor area or lineal dimension, or 1,000 square feet whichever is less. Amendments to a major site plan greater than this requirement shall be reviewed by the Planning Commission.
I. Reserved. (Ord. 16-13)
J. Floodplain Permit: A Floodplain Permit shall be obtained before construction begins within any area of special flood hazard as established in Section 9.37, D, Basis for Establishing the Areas of Special Flood Hazard. Application for a floodplain permit shall be made on forms furnished by the Engineering Department and approved by the City Engineer.
1. Standards for Approval: The following standards shall be considered in the review of Floodplain Permit applications:
a. The flood plain application does not include uses that are dangerous to health, safety and property;
b. The application includes uses that are protected against flood damage at the time of construction;
c. The alteration of stream channels, natural floodplains and protective barriers are controlled;
d. The filling, grading, dredging, and other development are sufficiently controlled; and
e. The proposed construction in floodplain does not cause additional flooding of adjacent property.
K. Landscape Plan: A Landscape Plan shall be submitted as part of the site plan and Planned District review process. Such plans shall be reviewed and approved by the City Planner.
1. Standards for Approval: The following standards shall be considered in the review of Landscape Plan applications:
a. The Landscape Plan meets all the requirements and fulfills the purposes and intent of the UDO;
b. The Landscape Plan is in concurrence with relevant City plans and policies;
c. The public's health, safety and welfare will not be adversely impacted by the proposal; and,
d. The plant materials are approved by the City horticulturalist, including sufficiency.
L. Lighting Plan: Prior to the approval of a Building Permit, Occupancy Permit, or Certificate of Zoning Compliance, a plan demonstrating compliance with the exterior lighting standards of Section 9.27 will be submitted and approved by the City Planner.
1. Standards for Approval: The following standards shall be considered in the review of Lighting Plan applications:
a. The Lighting Plan meets all the requirements and fulfills the purpose and intent of the UDO;
b. The Lighting Plan is in concurrence with relevant City plans and policies;
c. The public's health, safety and welfare will not be adversely impacted by the proposal; and
d. The exterior lighting meets illumination standards.
M. Sign Permit: No sign, whether permanent or temporary, shall hereafter be erected, constructed or maintained until the City Planner has issued a sign permit. This provision shall not apply to signs that are prohibited, as described in Section 9.51(C). The application for a sign permit shall be a Certificate of Zoning Compliance as defined in Article 11. (Ord. 17-14)
1. Standards for Approval: The following standards shall be considered in the review of Sign Permit applications:
a. The Sign Permit application meets all the requirements and fulfills the purposes and intent of the UDO;
b. The Sign Permit application is in concurrence with relevant City plans, including the Comprehensive Plan, and policies; and
c. The public's health, safety and welfare will not be adversely impacted by the proposal.
N. Site Plan – Major: Approval of a Site Plan is required for zoning approval prior to construction. Planning Commission or the Board of Architectural Review for properties situated in the Architectural Preservation District shall review all Major Site Plan applications. (Ord. 17-14)
1. Uses Requiring Major Site Plan Review: The following uses and structures require major site plan review: (Ord. 17-14, 5-18, 20-22)
a. New Multi-family buildings four units and above;
b. New commercial, office, industrial, institutional and all other non-residential principal buildings and structures of 1,500 square feet or greater;
c. Non-residential or multi-family accessory buildings and structures of 500 square feet of gross floor area or greater;
d. Additions to any building or structure greater than 25 percent or 1,500 square feet of the original floor area, whichever is less;
e. Structured parking;
f. Parks larger than 2.0 acres; and
g. New parking lots of greater than 20 spaces, or additions of greater than 20 spaces to existing parking lots.
2. Standards for Approval: The following standards shall be considered in the review of Major Site Plan applications:
a. That it fully complies with all applicable requirements of the UDO;
b. That it fully complies with an approved Final Development Plan, if applicable; (Ord. 17-14)
c. That it adequately protects other property or residential uses located on the same property from the potential adverse effects of a non-residential use;
d. That it is consistent with the use and character of surrounding properties;
e. That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and
f. That it provides safe ingress and egress for emergency services.
3. Following approval of a Major Site Plan by the Planning Commission, the City Planner shall issue a CZC based on the plans approved, as amended, by the Planning Commission. The City Planner shall review amendments to Major Site Plans if the change involves 25 percent or less of the original floor area, not to exceed 5,000 square feet.
O. Site Plan – Minor: Approval of a Site Plan is required for zoning approval prior to construction. The City Planner shall review any application for a Minor Site Plan in accordance with the Standards for Approval contained in Section 5.09(N) Site Plan – Major of this UDO.
P. Subdivision – Major: A Major Subdivision is the platting of land for the purposes of development. (Ord. 5-18)
1. Preliminary Plat: A preliminary plat may require approval by the Planning Commission prior to submitting a Record plat. A Preliminary Plat is a map of a subdivision of land that is submitted to the Planning Commission for purposes of preliminary consideration and approval. The following standards shall be considered in the review of a Preliminary Plat application:
a. The proposed Preliminary Plat meets all applicable standards of the UDO;
b. The proposed lots shall have adequate space to accommodate the building area and other site requirements;
c. The property has been surveyed to provide boundary, topographic, utility and other information relating to the property shall be submitted with the application;
d. The proposed lots have been approved for access management, utility management and stormwater management; and
e. The proposed lots have been approved relative to emergency access.
f. A Development Plan or a Residential Cluster Development Plan may be substituted for a Preliminary Plat in accordance with the requirements of the UDO.
2. Record plat: A record plat must be accepted by City Council and recorded by the Montgomery County Recorder's Office before lots may be transferred. The following standards shall be considered in the review of Record plat applications:
a. That the Record plat is consistent with the approved Preliminary Plat, Development Plan, or Residential Cluster Development;
b. The property has been surveyed and a record plat prepared including all information relating to the property has been submitted with the application including electronic copies;
c. The City Engineer has approved all construction plans and documents prior to recording of the plat;
d. Execution of a Subdivider's Agreement is required with the City of Centerville.
e. Documents establishing any owners association and other development agreements have been approved by the Municipal Attorney's Office;
f. The maintenance bonding requirements have been met.
Q. Subdivision – Minor: A Minor Subdivision or Lot split is a division of a single parcel of land or lot with no public improvements that is approved by the City Planner and does not require a plat to be approved by Planning Commission. The following standards shall be considered in the review of Minor Subdivision applications: (Ord. 16-13)
1. The proposed subdivision meets all applicable standards of the UDO;
2. The proposed subdivision shall have adequate area to accommodate the building area and other site requirements;
3. The property has been surveyed and an acceptable drawing, legal description and other information relating to the property has been submitted with the application;
4. The proposed lot has been approved for access management and stormwater management; and
5. The proposed lot has been approved relative to emergency access.
R. Temporary Use: The City Planner may approve a temporary use.
1. Standards for Approval: The following standards shall be considered in the review of Temporary Use applications:
a. The proposed Temporary Use meets all requirements of the UDO;
b. The site, if undeveloped, contains sufficient open space to support the Temporary Use;
c. The location of the Temporary Use on a site, if developed, shall be placed in a manner that does not interfere with the function of the permanent use;
d. The Temporary Use has sufficient off-street parking in a manner outlined in the UDO; and,
e. The public's health, safety, and welfare on and around the Temporary Use are assured.
S. Reserved.
T. Variance: A Variance involves permission to depart from the literal requirements of the UDO. The Planning Commission shall consider and decide on any Variance from this UDO. The procedures for considering a Variance are included in Section 5.17.