In addition to any other procedures set out in this chapter, all applications for amendments to the zoning map to rezone property to this district shall follow the procedures hereinafter set forth:
(a) Application. One or more of the owners or authorized representative of property within an area of contiguous property located within the City may request that the zoning map be amended to include such area in the Single Family Planned Residential District in accordance with the provisions of this Ordinance.
(1) The applicant is encouraged to engage in informal consultations with the Planning and Zoning Commission prior to formal submission of a development plan and request for an amendment to the zoning map, it being understood that no statement by officials of the city shall be binding upon either.
(b) Development Plan. One electronic development plan in PDF format or such other format as is acceptable to the Planning and Zoning Department, shall be submitted with the application, which plan shall include in the text and map form:
(1) The size and location of the property proposed to be rezoned to this Single Family Planned Residential District.
(2) The general development character of the property proposed to be rezoned to this Single Family Planned Residential District, including the limitations or controls to be placed on residential and related uses, with probable lot sizes, minimum setback requirements and other development features including landscaping.
(3) Architectural design criteria for all structures and criteria for proposed signs with proposed control procedures.
(4) A lighting plan conforming to the requirements and standards as set forth below.
A. A site plan showing location of all exterior light fixtures, controllers and transformers.
B. Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent right-of-way, north arrow and scale.
C. Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.
D. Lamp wattage of all proposed luminaires.
E. Information that indicates a minimum light level of 0.5 footcandles at grade in all vehicular use areas and connecting pedestrian paths.
F. Cut sheets for all proposed exterior light fixtures and poles.
G. Any other information and data reasonably necessary to evaluate the required lighting plan.
H. General requirements.
1. All exterior fixtures shall be full cut-off fixtures.
2. No portion of a lamp, reflector, lens, or refracting system may extend beyond the housing or shield so as to be visible from off-site or cause disabling glare.
3. All light fixtures shall be directed downward. Uplighting is prohibited, except for accent lighting for buildings or signs, which may be approved as part of a development plan.
4. Exterior residential lights are exempt from subsections (b)(4)H.1., 2., and 3. above when the initial lumen output does not exceed 2850 lumens (equivalent to a 150 watt incandescent lamp).
5. All outdoor light poles shall be constructed of metal, fiberglass or finished wood.
6. No exposed neon lighting, exposed neon look-alike lighting, exposed light emitting diode (LED) lighting or other exposed tube or tube-type lighting shall be permitted. This prohibition shall extend to and include, but not be limited to, all exterior signage, and signage or other accents placed in a window.
I. Maximum height requirements. The total height of exterior lighting fixtures shall not exceed a maximum height of twenty (20) feet measured from the finished grade established not closer than fifteen (15) feet to the lighting fixture.
J. Light pollution standards.
1. Lighting required exclusively for the illumination of entrance/exit access drives and pedestrian ways from the public right-of-way shall be permitted to illuminate to the far limit of the right-of-way.
2. Artificially produced light that strays beyond property boundaries shall be considered a public nuisance when intensity levels exceed the following maximum illumination levels at or beyond five (5) feet into the adjoining property:
MAXIMUM LIGHT POLLUTION ILLUMINANCES | ||
RECEIVING AREA CLASSIFICATION | MAXIMUM HORIZONTAL (FOOTCANDLES) AT GRADE BEYOND THE PROPERTY LINE | MAXIMUM VERTICAL (FOOTCANDLES) AT THE STRUCTURE HEIGHT |
Residential | 0.4 | 0.8 |
Office and Business | 2.0 | 2.0 |
Industrial | 2.0 | 2.0 |
Note: When two differing area classifications abut, the lower light level value shall take precedence along the common boundary | ||
K. Measurement.
1. Light levels shall be measured in footcandles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
2. Measurements shall be taken at a height of three and one-half (3.5) feet above the ground.
3. Light uniformity ratios.
a. For any one luminary, the light uniformity ratio shall comply with the following ratio: maximum to minimum: 10:1.
b. The average light uniformity ratio for all luminaires located on a site shall comply with the following ratio: average to minimum 4:1.
L. Exemptions. The following luminaires are exempt from the provisions of this section:
1. Luminaires required by the Ohio Building Code that operate only in an emergency mode.
2. Outdoor light fixtures that produce light directly from fossil fuel, such as kerosene lanterns or gas lamps.
3. Residential low-voltage lighting in residential zoning districts and holiday lighting.
4. Illuminated poles for governmental or institutional flags.
5. Lighting required by federal regulation such as, but not limited to communication towers or airports.
M. In addition to the provisions of this section, all exterior lighting fixtures shall be installed in conformity with all other applicable provisions of this resolution.
(5) The proposed provisions for water, sanitary sewer and surface drainage with engineering feasibility studies or other evidence of reasonableness.
(6) The proposed traffic patterns showing public and private streets and other transportation facilities, including their relationship to existing conditions, topographically and otherwise.
(7) The relationship of the proposed development to existing and probable uses of surrounding areas during the development timetable.
(8) Location of schools, parks and other facility sites, if any.
(9) The proposed time schedule for development of the site including streets, buildings, utilities and other facilities.
(10) If the proposed timetable for development includes developing the property proposed to be rezoned to this Single Family Planned Residential District in phases, all phases to be developed after the first shall be fully described in textual form in a manner calculated to give City officials definitive guidelines for approval of future phases. Each phase, including the first, shall include a minimum of ten (10) acres of property or the whole property, whichever is smaller.
(11) The ability of the applicant or applicants to carry forth the development plan by control of the property proposed to be rezoned to this Single Family Planned Residential District and the engineering feasibility of the development plan.
(12) Specific statements of divergence from the development standards in Title Seven - Zoning Standards and Special Provisions and/or this Article, or existing city regulations or standards, and the justification therefor. Unless a variation from these development standards is specifically approved the same shall be complied with.
(13) Evidence of the applicant's ability to post a bond if the plan is approved assuring completion of public service facilities to be constructed within the project by the developer.
(14) A site plan at a scale not smaller than one inch (1") equals one hundred (100) feet. Such site plan shall clearly indicate:
A. The net density and gross density of the proposed development.
B. The design concept of the location, shape, size, and height of existing and proposed buildings.
C. The existing and proposed landscape.
D. Parking areas.
E. Floor areas and elevations of typical units.
F. Location and description of adjacent buildings within two hundred (200) feet from the boundary of the proposed development.
G. The location and amount and status of required open space.
H. Such other material data as may be necessary to evaluate the health, safety and welfare and determine compliance with this Chapter 1179.
(c) Criteria for Approval. In approving an application for a Single Family Planned Residential District the reviewing authorities shall determine:
(1) If the proposed development is consistent in all respects with the purpose, intent and general standards of this Planning and Zoning Code.
(2) If the proposed development is in conformity with the comprehensive plan or portion thereof as it may apply.
(3) If the proposed development advances the general welfare of the City and the immediate vicinity.
(4) The existing and proposed utility services are adequate for the proposed population densities and nonresidential uses proposed.
(d) Review Procedure. The completed application shall be submitted to the Planning and Zoning Department. Failure to submit a complete application shall result in a refusal of acceptance. The City Planner shall transmit the complete application package to the City Engineer for review, at the price of the applicant. A public hearing shall be held by the Planning and Zoning Commission not more than thirty (30) days from the date of final approval by the City Engineer. The notification requirements for such hearing shall be as set forth in subsection (e) hereof.
(e) Action by Planning and Zoning Commission. The Commission will provide its recommendation to either approve, approve with conditions, or deny the application to Council within thirty (30) days of the public hearing, unless otherwise requested by the Applicant. Council will schedule a public hearing on the development plan on its agenda for consideration in accordance with Council rules. Council may approve the development plan; approve the development plan with modifications or conditions; or disapprove the development plan. Council may adopt the modifications and conditions, if any, recommended by the Planning and Zoning Commission, in whole or in part, and may add its own modifications and conditions.
(f) Effect of Approval. The development plan as approved by the Johnstown City Council shall constitute an amendment to the Planning and Zoning Code as it applies to the property included in the approved amendment. The approval shall be for a period of twelve (12) months to allow the preparation of plats required by the City of Johnstown, unless a final plat has already been approved. The property will revert to Rural Residential (RR) district if no final plat or extension of time has been approved within that time period. Where the property is to be developed in phases, plans for phases subsequent to the first phase shall be submitted in accordance with the timetable in the approved development plan. Any approved plats shall be properly recorded.
(g) Extension of Time or Modification. An extension of the time limit or a minor change to the approved development plan may be approved by the Johnstown City Council. Such approval shall be given only upon a finding of the purpose and necessity for such change or extension and evidence of reasonable effort toward the accomplishment of the original development plan, and that such change or extension is not in conflict with the general health, welfare and safety of the public or development standards of the district.
(1) No extension of time shall be granted except on application filed with the City not later than ninety (90) days before the expiration of the then current time limit.
(2) Unless approved by a unanimous Ordinance of all the members elected to the Johnstown City Council, adopted at a public meeting, the following shall not be considered to be a minor change to the approved development plan:
A. A change in the use or character of the development;
B. An increase in overall lot coverage of structures and off-street parking;
C. An increase in the density;
D. An increase in the problems of traffic circulation and public utilities;
E. A reduction in approved open space;
F. A reduction of off-street parking and loading space;
G. A reduction in required pavement widths;
H. A reduction of the acreage in the planned development;
I. Any other departure from the approved development plan which is deemed not to be in substantial compliance with the approved development plan.
(h) Plat Required. In the Single Family Planned Residential District, no use shall be established or changed and no structure shall be constructed or altered until the required subdivision plat has been prepared and recorded in accordance with these regulations. The subdivision plat shall be in accord with the approved development plan and shall include:
(1) Site arrangement, including building setback lines and space to be built upon within the site; water, fire hydrants, sewer, all underground public utility installations, including sanitary sewers, surface drainage and waste disposal facilities; easements, access points to public rights-of-way, parking areas and pedestrian ways; and property reserved for non-highway service use with indication of the nature of such use.
(2) Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the property, the improvements thereon, and the activities of occupants, including those applicable to areas within the tract to be developed for non-residential uses.
(3) In the event that any public service facilities not to be otherwise guaranteed by a public utility have not been constructed prior to recordation of the plat, the owner of the project shall post a performance bond in favor of the appropriate public officers in a satisfactory amount assuring expeditious completion of said facilities within one (1) year after the recording of said plat. In no event, however, shall any zoning permit be issued for any building or use until such time as the facilities, including but not limited to water, sanitary sewer and surface drainage improvements, and public and private streets, for the phase in which the building or use is located are completed.
(i) Administrative Review. All plats, construction drawings, restrictive covenants and other necessary documents shall be submitted to the City Manager or their designated technical advisors for administrative review to insure substantial compliance with the development plan as approved.
(Ord. 12-2022. Passed 7-5-22.)