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A. Except for trash collection areas, outdoor storage shall be permitted only in conjunction with pilot plants or production facility uses.
B. No outside storage shall be permitted within the minimum building setback areas nor shall any outside storage be permitted in the front yard of any site or lot.
C. Outdoor storage must be screened from view by a wall of material similar to and compatible with that of the building or buildings on the site, or be suitably screened by a fence or dense landscaping so that such storage areas are not visible from neighboring sites, lots, common areas or public roads, streets or rights of way.
D. All proposals for outside or outdoor storage shall be subject to the approval of the Planning Commission.
(Ord. 98-176. Passed 8-3-98.)
The following performance standards shall be applicable to uses within TPD Districts:
A. Intent.
1. The intent of this section is to require permitted uses to be established and maintained compatible with adjoining properties through the control of noise, odor, glare, vibration, smoke, dust, radiation, waste, etc.
2. It is further the intent of this section to state the requirements for the construction and operation of permitted uses. In many cases, the relation of a prospective use to these performance standards cannot be judged properly at the time of the building permit issuance. In such cases, the recipient of the building permit shall note that these performance standards, like all other provisions of this chapter, are continuing obligations and that all permitted uses shall operate in compliance with these standards.
B. Compliance Required.
The performance standards set forth in subsection C. hereof shall be followed, and any use which fails to comply with these standards shall be in violation of this section.
C. Standards.
1. Noise.
The sound pressure level at the nearest site or property line of any operation on a site or property lot, other than the operation of auto-calls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise of the District and no sound shall be objectionable due to intermittence, beat, shrillness or frequency.
2. Odors.
Odors emanating from any activity shall not be discernible beyond the site or property line to such degree or of such characteristic as to be considered objectionable or cause extreme agitation to humans or animals. The evaluation and control of odors shall be in general conformity with procedures described in the "Odors" chapter of the latest published edition of "Air Pollution Manual," published by the American Industrial Hygiene Association.
3. Glare and Heat.
a. No permitted use shall cause heat at the site or property line so intense as to be a public nuisance or hazard. No such use shall cause illumination at or beyond any residence district boundary in excess of 0.1 footcandle.
b. All exterior lighting shall be used in a manner that produces no glare on public highways, neighboring property or adjacent zoning districts.
4. Vibration.
Vibration shall not be discernible to the human sense of feeling beyond any site or property line for three (3) minutes or more duration in any one (1) hour.
5. Smoke.
The measurement of smoke shall be at the point of emission. The U.S. Bureau of Mines Ringelmann Smoke Chart shall be used for this measurement. Smoke no darker nor more opaque than No. 1 on such Chart shall be emitted. Smoke no darker nor more opaque than No. 2 on such Chart shall be emitted for periods not exceeding three (3) minutes during any sixty (60)-minute period. These provisions apply to smoke of any color, but with an equivalent opacity.
6. Dust.
The emission of dust or other particulate matter shall be controlled to a degree consistent with modern air cleaning capability. At no time shall it exceed No. 1 on the Ringelmann Chart, nor shall it be of such a nature or quantity as to interfere with operations on nearby sites or properties. Control methods described in the latest published edition of "Industrial Ventilation," published by the American Conference of Governmental Industrial Hygienists, shall be followed and used as the standard.
7. Gases.
The emission of gases or fumes shall be controlled to a degree consistent with modern air cleaning capability. At no time shall gases or fumes be discharged into the atmosphere in such concentrations or of such a nature as to be toxic, corrosive or noxious to persons, plants or animals, or to interfere with operations on nearby properties. The latest published edition of "Air Pollution Manual," published by the American Industrial Hygiene Association, shall be the guideline for the control of gaseous emissions.
8. Fire and explosive hazards.
All operations shall be carried on with reasonable precautions against fire and explosive hazards in accordance with all applicable standards.
9. Water pollution control.
The City wastewater regulations and State Environmental Protection Agency requirements shall be in effect and full force in the District.
(Ord. 98-176. Passed 8-3-98.)
A. Submission of Application.
The owner or owners of a tract of land containing fifty (50) acres or more may request a change in zoning to the TPD District in accordance with the provisions of Chapter 1133 and the following requirements.
B. Pre-application Procedure.
1. The applicant shall meet with the Planning Commission prior to the submission of the preliminary site development plans. The purpose of this meeting is to discuss early and informally the intent and effect of the District regulations and the criteria standards contained in this chapter to familiarize the developer with the City's Comprehensive Future Land Use Plan, the Major Thoroughfare Plan, the Parks and Open Space Plan, this Zoning
Code and the drainage, sewerage and water system for the City, to discuss the physical characteristics of the site and the environmental impact of the proposed development, and to explain the rezoning requirements.
2. Generalized conceptual plans (in sketch form) shall be submitted. They shall indicate the approximate location of all buildings, the type and location of parking facilities and access points, the locations of public and private streets and drives, and the locations, type and approximate acreage of all open spaces. Twenty (20) copies of the conceptual plans shall be submitted.
3. The Commission shall discuss with the developer the changes, if any, that will be required and the procedure for submitting the formal site development plan. The Commission's approval at this stage should indicate a general willingness to approve the proposed development in principle if the applicant meets the necessary requirements of this chapter and any and all additional requirements and conditions imposed by the Commission.
4. Based on the review of the generalized conceptual plan, the Commission may approve the request for rezoning prior to the submission of the final plan.
C. Submission of Final Site Development Plans.
After the pre-application procedure, the applicant may submit final site development plans to the Commission. These plans shall conform with all requirements set forth in this section. Twenty (20) copies of the plans shall be submitted.
1. Survey Plat.
There shall be submitted, on one or more drawings as needed, a survey plat prepared by a professional engineer or surveyor registered in the State of Ohio, to which the registration seal of such professional engineer or surveyor must be affixed. The survey plat shall contain the following information:
a. A vicinity map drawn to scale showing the location of the project within the City, dedicated streets, easements, any proposed lots, any proposed sites and the location of the perimeter boundary of the area included in the application;
b. A boundary survey or a boundary map containing a point of reference to a permanent monument or the centerline intersection of two (2) public street rights-of-way, showing the dimensions and bearings of the District and proposed stages;
c. A topographic survey of all land within the proposed development, showing two-foot contours or less as required by the Commission in order to delineate the character of land within the proposed project;
d. A drawing indicating all significant features of the proposed development, including wooded areas, existing buildings and structures, dedicated streets, utility lines and easements, water and sewer lines, watercourses and drainage channels, significant historic structures and similar land features;
e. A soils map indicating the soil type and drainage characteristics as required by the Commission; and
f. The name, address and telephone number of the professional engineer or surveyor making the survey and the date of the survey.
2. Site development plans.
There shall be submitted, on one or more drawings as needed, site development plans prepared by an architect, landscape architect or professional engineer registered in the State of Ohio, to which the registration seal of such architect, landscape architect or professional engineer shall be affixed. The site development plans shall contain the following information:
a. The name of the development and the name, address and telephone number of the property owner, the developer and the architect, landscape or professional engineer and other individuals assisting in the preparation of the site plans, as well as the date, north point and scale;
b. The zoning classification of the proposed development and the surrounding properties;
c. The location and use of all proposed buildings, including height, setback lines, if any, and yard areas;
d. The proposed general grading and/or other methods to be used for adequate drainage control;
e. The location, use and acreage of all required open spaces and access thereto; and
f. Pedestrian circulation features, including walks and adjoining paved areas for pedestrian use. Section 901.08 of the Streets and Public Services Code shall not apply in TPD Districts.
g. The location of all public and private streets and drives, the width of rights-of-way, the types and widths of pavements, and the approximate location of all permanent access ways from publicly dedicated streets, roads or highways;
h. The location and types of surfaces of all parking areas and loading areas and the number of parking spaces;
i. The proposed sanitary sewers, storm sewers and central water utilities, showing their connections with the existing system; and
j. A general landscaping plan, showing all existing trees to be retained and indicating all proposed plants and walls, fences, paved areas and similar structures; and the location, height, orientation and square footage of free-standing signs.
3. Development in stages.
Developments larger than five (5) acres may be built in stages. A stage shall be at least five (5) contiguous acres in size. The last proposed stage remaining in the project, which may be less than five (5) acres in size, shall be considered in its entirety as one stage. Each proposed stage submitted for approval shall contain all the requirements listed in this section
4. General requirements.
a. Amendments to the formal plans may be sought by the applicant in accordance with the procedures required by this chapter for original approval, subject to the same limitations and requirements under which such plans were originally approve.
b. The owner or owners may from time to time request modification of the approved final plans from the Commission in a manner consistent with the approved preliminary plans to allow for changed circumstances and conditions unforeseen at the time of original approval.
c. Approval by the Commission shall expire after a period of two (2) years from the date of approval of the final plans for the entire proposed development or for any particular stage, whichever is applicable, unless the development (or stage) is fifty percent (50%) completed in terms of public improvements, including streets, parks and common open spaces, walkways and utility installations, such as electric, gas, water and sanitary sewers, in which latter case an extension of time may be granted by the Commission not to exceed two (2) successive periods of two (2) years each.
d. All proceedings brought under this chapter shall be subject to the rules of procedure of the Commission where not inconsistent with the procedures otherwise stated in this section.
e. The Commission shall review and take action upon the final plans submitted within thirty (30) days, or within such further time as agreed to by the applicant. Upon completion of the review, the action of the Commission shall be noted on two (2) copies of all submitted plans, referenced and attached to any conditions determined necessary for approval. One (1) copy shall be retained by the Commission and filed with the records of the City, and the other returned to the applicant.
Upon approval of the final plans, the signature of the Chairperson of the Commission shall be affixed to all documents. Building permits may then be issued. If the Commission determines that a plan should be disapproved and a building permit shall not be issued, the Commission shall forthwith state on the record the reasons for such determination and shall transmit to the applicant an attested copy of the reasons and recommendations thereon. Approval of plans shall be conditioned upon compliance with all other applicable statutes, ordinances, resolutions and regulations of the City and the State.
5. Effect of approved site development plans.
The building permits issued on the basis of the submitted materials, including site development plans, shall authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and any other use, arrangement or construction at variance with the approved final plan shall be deemed a violation of this chapter and punishable under Chapter 1199. When any of the terms, conditions or restrictions upon which approval was granted are not being followed, the Commission may revoke such approval.
(Ord. 98-176. Passed 8-3-98.)
A. Before a building permit shall be issued for the construction or addition of a building, the following information shall be submitted to and approved by the Planning Commission in addition to the basic information regularly required. Further, when a change in use or occupancy of an existing building is proposed, the information listed below shall be submitted to the Commission and approved before a certificate of occupancy can be issued. The applicant shall submit additional copies as required.
1. A plot plan of the land or parcel of land to be used, showing the dimensions and locations of all existing and proposed buildings, driveways, off-street parking areas, topography, abutting streets, railroads, highways, loading and unloading areas, watercourses and other topographic features within two hundred (200) feet of the project boundaries;
2. Architectural plans for all proposed buildings, walls and fences;
3. A description of the proposed pilot plant and production facilities in sufficient detail to fully describe the nature and extent of the proposed use;
4. Plans or reports describing the proposed treatment of any excess traffic conditions, noise, glare, air pollution and treatment or handling of hazardous gases, liquids or other materials;
5. Plans or reports showing the proposed treatment and disposal of sewage and industrial wastes; and
6. A description of any fuel proposed to be used, including engineering plans for the control of any smoke which may be generated.
B. Additional data, documented reports, reviews and data prepared by a qualified consultant, agreed to by the Commission and the developer, will be required to ascertain conformity with the requirements of this Zoning Code.
C. If a building is to be constructed and no specific occupant has been identified, a building permit may be issued without the specific information required in this section. The detailed information shall be provided to the Commission when an occupant applies for a building permit for structural alterations (if needed) or a certificate of occupancy.
D. A change or changes in the physical facilities or use permitted by a certificate of occupancy shall occur only after the holder of such certificate has obtained an amendment thereto allowing such change or changes.
E. A certificate of occupancy for a building or use of land in TPD Districts may be revoked after a hearing by the Commission if the Commission finds that the holder of the certificate has failed to comply with the development of approved plans.
(Ord. 98-176. Passed 8-3-98.)
Conditionally permitted uses, in accordance with Chapter 1135, are as follows:
A. Hotels.
B. Restaurant facilities associated with hotels.
(Ord. 99-246. Passed 11-1-99.)