(a) Uses requiring Commission approval. Planning and Zoning Commission approval shall be required prior to issuance of a zoning permit for the following uses:
(1) All permitted main and accessory uses in Business and Industrial Districts;
(2) All permitted multifamily uses;
(3) Religious buildings and uses, public and private parks, schools, recreation centers and public buildings and uses;
(4) Privately owned nonprofit golf courses;
(5) All uses in Environmental Overlay Districts;
(6) Off-street parking in all zoning districts except R-1, R-2 and R-3 Districts;
(7) Fences in Business and Industrial Districts;
(8) All signs;
(9) All conditional uses;
(10) Landscaping as required in Business and Industrial Districts;
(11) Auxiliary buildings of more than 1,000 square feet in Residential Districts; and
(12) Any main building or auxiliary building or structure exceeding the height limitation of the district in which it is located.
(Am. Ord. 14-O-58, passed 11-17-2014)
(b) Application submittal. An application for a zoning permit requiring review and approval of the Planning and Zoning Commission shall be submitted to the Zoning Inspector by the property owner or his or her authorized agent no less than 14 days prior to the regularly scheduled meeting of the Planning and Zoning Commission in order to be placed on the agenda for that meeting. Upon determining that the application is complete and upon receipt of the required fee, the Zoning Inspector shall forward the application to the Planning and Zoning Commission for review and action.
(c) Contents of application.
(1) Application for a zoning permit requiring Planning and Zoning Commission approval shall include the following information:
A. The name, address and telephone number of the applicant;
B. Proof of ownership or authorization to represent the property owner;
C. The location of the property, including the street address and permanent parcel number;
D. The current zoning of the property;
E. A description of the project for which approval is sought;
F. Names and addresses of each property owner within 500 feet as shown in the current records of the Lake County Auditor, to be typed on gummed labels.
(2) In addition to the information required in § 1262.03, an application for a zoning permit requiring approval of the Planning and Zoning Commission shall include preliminary and final development plans as provided in subsections (d) and (e) of this section. The application fee shall be as provided in § 1262.03(e).
(d) Preliminary development plans. A preliminary development plan shall be drawn at a scale of not more than 50 feet to one inch and shall include the following:
(1) Survey. A survey of the property by a registered surveyor, as required by the Zoning Inspector, showing topography at two foot intervals; land owned and proposed for development; adjoining lots, location of oil and gas wells; easements; and zoning on subject property and on adjoining properties;
(2) Buildings. The location, area, height and use of all existing and proposed main and accessory buildings; distances of building to property lines; nearest buildings on adjoining properties;
(3) Traffic. The proposed system of on-site vehicular circulation and locations of access drives;
(4) Parking areas. The layout and estimate of the number of spaces; distances from parking areas; areas and drives to property lines;
(5) Signs. The location, size and height of all signs to be placed on the property;
(6) Landscaping. The location and sizes of areas to be landscaped;
(7) Stormwater. The proposed method for managing stormwater;
(8) Utilities. The type and location of water supply; the method of treating sanitary sewage; and
(9) Environmental Overlay Districts. The location of any of the environmental elements on the
property.
(e) Contents of final development plans. A final development plan shall incorporate agreed upon revisions of the preliminary development plan and shall include all the information contained in the preliminary plan and, in addition, shall include the following:
(1) Buildings. The general design, materials and colors of the existing and/or proposed main and accessory buildings;
(2) Traffic. Methods for control of traffic; width and location of access drives; type of pavement and curbing;
(3) Parking areas. The number of spaces and the type of pavement;
(4) Stormwater management. A plan for the proper control of stormwater as recommended by the City Engineer;
(5) Utilities. The location, size and grade for all utility installations; approval of the County Board of Health for treatment of sanitary sewage as provided in § 1262.03(d);
(6) Signs. The type of illumination, materials, colors and content of all signs to be placed on the property;
(7) Site development. Grading plan; erosion control; landscaping plan showing location, number and size of plant materials and their scientific and common names; exterior lighting plan;
(8) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, easements, sureties and other instruments as may be required; and
(9) Floor plans. Floor plan(s) at a scale of one-quarter inch to the foot, showing existing and/or proposed uses.
(f) Notification of property owners. The Zoning Inspector shall notify owners of properties within 500 feet of the perimeter of the property proposed for development not less than ten days prior to the meeting at which the preliminary development plan will be considered by the Planning and Zoning Commission.
(g) Review by Commission. The Planning and Zoning Commission shall review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission, with the consent of the applicant, may refer an application to qualified consultants for review. The cost of such review shall be at the expense of the applicant. The Planning and Zoning Commission shall be guided by the following standards in reviewing each application for a zoning permit:
(1) Materials shall be appropriate for the use of the building, for weathering and for their relationship to other materials, including those used on adjacent buildings;
(2) Colors and textures shall be appropriate for the size and scale of the building, for weathering, and for their relationship to the site and adjacent buildings;
(3) Architectural details and ornaments shall be meaningful to the overall design and appropriate for the size and scale of the buildings and for weathering;
(4) Mechanical equipment shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects and as it relates to overhead wires, gas and electric meter stations and any other visible appurtenances;
(5) Approaches, drives and parking areas shall be considered as they affect the appearance from the street and from the site as well. The relationship of paving to the building shall be appropriate considering factors such as safety, drainage and landscaping;
(6) Landscaping shall be appropriate for the size and use of the area and for its relationship to the building, street, parking area, walks and adjacent buildings;
(7) Lighting shall be considered for the appropriateness of night-time illumination of the grounds, drives, walks, parking areas and building and its effect upon surrounding areas; and
(8) Signs shall be considered for appropriateness of size, scale, shape, color and illumination in relation to the building and site.
(h) Modifications permitted. Where application of the provision would result in a development that would not be satisfactory for the zoning district, the Commission may require adjustment in the development plan, such as improvement to the design and arrangement of buildings, yards, on-site circulation, access drives and such other features to further improve the proposed development and to protect the surrounding developments.
The Commission may approve adjustments to certain yard requirements if it finds that openness and other amenities will be attained and that the intent and purpose of the provisions of the Zoning Code are fulfilled because of skillful design in the arrangement of buildings, location of drives, on-site circulation and parking areas, proposed landscaping and other site features with the following limitations:
(1) Front yards of buildings may be reduced by 20 percent of the required distance;
(2) Side or rear yards of a one- or two-story building may be reduced by 50 percent of the required distance only when adjacent to non-residential districts;
(3) Front yards of parking areas may be reduced to 50 percent of the required distance; and
(4) The total yard area of the lot, the percent of the lot occupied by buildings and the percent of the lot to be landscaped shall meet or exceed the regulations for the zoning district.
(i) Preliminary approval. If the application and the preliminary development plan, and any modification thereof proposed by the developer, are found by the Planning and Zoning Commission to be in compliance with the requirements of the applicable district and any other applicable parts of this Zoning Code and the Subdivision Regulations of the city, it shall approve or deny such preliminary development plan within 45 days from the date of the meeting when all required plans and data had been received. If the application is not found to be in compliance therewith, the Commission may recommend revisions to be made by the developer or reject the entire application. Approval of the preliminary and final development plans may be given concurrently.
(j) Review of final development plans. Upon approval of a preliminary development plan, the developer shall prepare and submit a final development plan(s) to the Commission. Upon receipt of a final development plan, the Zoning Inspector shall transmit a copy of the final specifications to the City Engineer for his or her review, report and recommendation. The City Engineer shall, within 45 days from receiving the final development plan, provide and furnish to the Commission a report upon the development plan's compliance with those regulations within the jurisdiction of the City Engineer.
(k) Final approval. If, after evaluation of the City Engineer's report, the Commission finds that a proposed final development plan is in accordance with, and represents a detailed expansion of, the preliminary plan heretofore approved, that it is in conformance with the provisions of this Zoning Code and the Subdivision Regulations of the city, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the City Engineer, the Commission shall approve the application for a zoning permit. The decision shall be made within 45 days from the date of the meeting when the City Engineer's report is received.
(Ord. 11-O-1, passed 2-23-2011)