(a) Purpose. The purpose of a site plan review is to provide a process for the evaluation and approval of site plans by the City to promote logical and orderly development within the City.
(b) Initiation. Pursuant to Subsection 1165.02(a) Authority to File Applications, any person having authority to file applications may initiate an application for site plan review.
(c) Applicability.
(1) Site Plan Review Required. A site plan review by the Planning Commission shall be required for the following applications:
A. New nonresidential development;
B. New multi-family residential structures;
C. Expansions of existing nonresidential and multi-family residential structures representing a substantial increase in gross floor area as determined by Table 1165.06-1: Substantial Expansion;
TABLE 1165.06-1: SUBSTANTIAL EXPANSION | |
WHEN EXISTING STRUCTURE IS: | A SUBSTANTIAL EXPANSION IS: |
0 - 1,000 square feet | 50% or greater |
1,001 - 10,000 square feet | 40% or greater |
10,001 - 25,000 square feet | 30% or greater |
25,001 - 50,000 square feet | 20% or greater |
50,001 square feet or larger | 10% or greater |
D. All development or changes in use that are not exempt from site plan review as stated in Subsection 1165.06(c)(2) Exemptions;
E. Integrated commercial centers, apartments, offices, and research and restricted industrial centers; and
F. Any demolition or improvement of property located in an overlay district.
(2) Exemptions. The following applications are exempt from the site plan review procedures outlined in Subsection 1165.06(d) Process:
A. New single-family and two-family residential dwellings;
B. Expansions of existing nonresidential uses not representing a substantial increase in gross floor area as determined by Table 1165.06-1: Substantial Expansion;
C. A change in use of a nonresidential building provided the change in use does not increase the amount of landscaping or parking required for the site;
D. Modifications to sites involving changes to landscaping, parking, or loading, without substantial expansions to buildings;
E. Accessory structures and uses as required in Section 1169.10 Accessory Use and Structure Regulations;
F. Temporary structures and uses as required in Section 1169.11 Temporary Use Regulations; and
G. Signs.
(d) Process. The procedure for a site plan review shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for site plan review, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the Planning Commission for review at a regularly scheduled meeting to be held more than 21 days from the application filing date.
(3) Step 3 - Review and Decision by Planning Commission.
A. Planning Commission shall review and make a decision on the site plan during a regularly scheduled meeting.
B. The Planning Commission shall determine the following:
1. Whether the proposed development complies with the subdivision provisions of this Code (Chapter 1167 Subdivision and Improvement Standards) or any variance there from granted by the Planning Commission;
2. Whether the proposed development complies with all applicable regulations of the overlay district (Chapter 1169 Zoning Districts and Use Regulations) in which it is to be sited, and, if not, the specific deficiencies to be corrected in order to achieve compliance;
3. Whether the use proposed to be made of the site is permitted by district zoning regulations. If the Planning Commission determines that the proposed use is permitted only as a conditional use, hearings, review, and decisions required in accordance with Section 1165.07 Conditional Use Permit shall be conducted concurrently with the site plan review application.
4. Whether the proposed development complies with all applicable general zoning regulations. If the Planning Commission determines that a zoning variance is required to allow development in the manner proposed, it shall state its recommendations for the allowance or disallowance of the necessary variance.
C. The Planning Commission shall issue its findings of approval, approval with modifications, or disapproval to the Zoning Commissioner.
D. The Planning Commission's findings shall be delivered in writing within 10 days after the Planning Commission meeting at which the findings were made.
(4) Step 4 - Decision by Zoning Commissioner. Upon receipt of the findings of Planning Commission, the Zoning Commissioner shall take one of the following actions:
A. If the Planning Commission finds the application complies with the code regulations, and no variance is required, the Zoning Commissioner shall approve the permit application based on compliance with building, electrical, plumbing, fire safety, and related codes, and subject to City Engineer approval; or
B. If the Planning Commission finds the application does not comply with the code regulations, the Zoning Commissioner shall deny the requested permit application.
C. If the Planning Commission determines that a variance is required, the Zoning Commissioner shall present the application and the Planning Commission's findings and recommendations to the BZBA for public hearing.
D. Denial of a permit application by the Zoning Commissioner in reliance on the findings of the Planning Commission or of a variance by the BZBA shall constitute a final administrative order.
E. Whenever a general ordinance or a provision of any building code adopted for use within the Municipality requires the zoning official or BZBA to take an action within a specified time, the period allowed shall be deemed to commence upon the completion of the site plan review.
(e) Site Plan Review Criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
(1) That the proposed development is consistent with all the requirements of this Code;
(2) That the proposed development is in compliance with all applicable zoning districts;
(3) That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g. PUD or administrative waivers);
(4) Whether the proposed improvements preserve the character and nature of the surrounding area, including the natural characteristics of the area;
(5) Whether the proposed improvements are constructed of unsightly, improper, or unsuitable materials;
(6) Whether the proposed site and improvements shall have an appearance that will not have an adverse effect upon adjacent residential properties; and
(7) Whether the proposed improvements are compatible and in harmony with the existing structures in the surrounding area.
(Ord. 7675. Passed 11-11-14.)