§ 151.070  SITE CAPACITY CALCULATIONS/SITE PLAN REVIEW PROCEDURES.
   This section sets out the procedures for site capacity calculations and site plan review. No site development permit or building permit shall be issued for a development that is subject to the site capacity calculation and site plan review procedures of this section until the Planning, Building and Development Director has approved the application.
   (A)   Applicability.
      (1)   All of the following shall be subject to the site capacity calculation and site plan review procedures of this section unless otherwise expressly exempted:
         (a)   Any conservation development;
         (b)   Any mobile home park and any recreational vehicle park;
         (c)   Any conventional residential development consisting of three or more dwelling units or lots;
         (d)   Any nonresidential development on any parcel that is 40,000 square feet in area or larger; and
         (e)   Any site development activity on any parcel with an area of 200,000 square feet or more, except when the parcel is being developed with no more than two single family dwellings.
      (2)   All of the following shall be subject to the site plan review procedures of this section regardless of the size of the subject parcel, unless otherwise expressly exempted:
         (a)   Service stations;
         (b)   Any nonresidential use with drive-through service;
         (c)   Convenience stores;
         (d)   Car washes;
         (e)   Motor vehicle display, sales, rental, or service;
         (f)   Shopping centers;
         (g)   Taverns;
         (h)   Marinas; and
         (i)   Medium and large-scale solar energy systems.
   (B)   Exemptions. 
      (1)   Approval of site capacity calculations may be obtained (concurrently) at the time of subdivision, rezoning, variance, conditional use permit, or planned unit development approval. Separate site capacity calculation applications shall not be required.
      (2)   Site plan review approval may be obtained (concurrently) at the time of rezoning, variance, conditional use permit approval, or planned unit development approval. Separate site plan review applications shall not be required.
      (3)   Developments that are subject to the subdivision platting procedures and that have completed required site capacity calculations shall not be subject to site plan review unless expressly noted on the subdivision plat.
      (4)   Site capacity calculations and site plan review shall not be required for signs, temporary uses, uses qualifying for an agricultural exemption or any other type of exemption.
      (5)   Site capacity calculations and site plan review shall not be required for nonresidential accessory uses or structures or for additions to principal nonresidential uses provided that: the accessory use/structure or addition to the principal use does not exceed 1,000 square feet of floor area or 2,000 square feet of impervious surface area; or the Planning, Building and Development Director determines that no protected natural resource protection areas will be adversely affected. Site capacity calculations and site plan review shall not be required, regardless of size, for gazebos and screened or open porches.
      (6)   Site capacity calculations and site plan review shall not be required for interior or exterior building alterations that do not increase the size of the building or amount of impervious coverage.
   (C)   Review and approval procedure.
      (1)   Relationship to development review procedures of §§ 151.045 through 151.058.  The general procedural requirements and standards of § 151.045 shall apply to the site capacity and site plan review procedures of this section.
      (2)   Application filing.  Site capacity calculation/site plan applications, which shall include natural resource protection and open space plans, shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. The application shall be submitted only after a check-in meeting. Site capacity calculation/site plan applications may be processed concurrently with other applications.
      (3)   Application submittal requirements and standards.  The Planning, Building and Development Director shall determine the type and extent of information necessary to provide for an adequate site capacity/site plan review and may require the submission of specific information. This information may include but is not limited to one or more of the following items:
         (a)   A completed application for site capacity and site plan review approval (application form available from the Planning, Building and Development Director);
         (b)   A map or plat of survey of the subject property, which may include one or more of the following items:
            1.   A legal description of the property;
            2.   The boundaries of the property;
            3.   The total area of the property;
            4.   Topographic contours at one-foot intervals;
            5.   The location, width, and name of all existing or previously platted street, railroad, and utility easements and rights-of-way; and
            6.   The location of existing sewers, drainage tiles, water mains, culverts, and other underground facilities within the tract, indicating pipe sizes, grades, manholes, and location.
         (c)   A site plan of the proposed development showing the following information:
            1.   The types of uses proposed. Residential developments shall be identified by type of development (i.e., conventional or conservation) and by type of dwelling unit (e.g., single family, multiplex, and the like);
            2.   The location, size, height, and arrangement of all existing and proposed buildings and structures;
            3.   The location, dimension, and surface material of all existing and proposed pedestrian entrances, exits, and walkways;
            4.   The location, size, and surface material of all proposed vehicular access points and driveways; and the location, size, surface material, arrangement, and capacity of all areas to be used for off-street parking and off-street loading;
            5.   The location, size, height, illumination, and orientation of all signs and lighting;
            6.   The location, size, and type of all existing and proposed rights-of-way, easements and landscaping;
            7.   Zoning and land use of adjacent properties; and
            8.   If the application relates to property scheduled for phased development, the proposed layout of the total projected development shall be indicated and each phase’s projected scope and time period indicated to the extent possible.
         (d)   A natural resource plan (see Figure 151.070(C)).
Figure 151.070(C): Natural Resource Plan (example)
         (e)   An open space plan;
         (f)   A landscape plan;
         (g)   Any covenants, conditions, or other restrictions related to the parcel or use thereof;
         (h)   Evidence that adequate sewer and water facilities exist or can be provided to serve the proposed use;
 
COMMENTARY:
For developments utilizing individual sewage disposal systems and/or private wells, evidence that adequate sewer and water facilities exist or can be provided to serve the proposed use may be provided in the form of a letter or permit from the Lake County Health Department approving the proposed facilities. For developments utilizing public or community sewer and/or water facilities, evidence that adequate sewer and water facilities exist or can be provided to serve the proposed use may be provided in the form of a letter or permit from the agency controlling the facilities (e.g., the Lake County Department of Public Works) stating that sufficient capacity exists to serve the proposed use and that the proposed connection points and preliminary design of the improvements have been approved, and that the applicant is in the process of completing that agency’s permitting and approval process.
 
         (i)   For properties without an approved access location, evidence that an access permit can be obtained for the proposed use from the highway authority having jurisdiction. For properties with a previously approved access location, evidence from the highway authority having jurisdiction that the existing access point is sufficient to serve the proposed use; if the existing access is insufficient, evidence that a new access permit can be obtained for the proposed use from the highway authority having jurisdiction.
 
COMMENTARY:
Evidence that an access permit can be obtained may be provided in the form of a letter from the highway authority having jurisdiction stating that the access location and preliminary design has been approved and that the applicant is in the process of completing that jurisdiction’s permitting and approval process.
 
      (4)   Distribution of application. Upon receipt of a complete site capacity calculation/site plan application, the Planning, Building and Development Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected agencies for their review and comment. A copy of the application shall also be provided to the County Board member in whose district the property is located.
 
COMMENTARY:
Reviews conducted as part of site capacity calculation/site plan review process do not take the place of other required reviews, such as those conducted at time of site development permit.
 
      (5)   Notice.
         (a)   Neighbor notice shall be provided in accordance with § 151.045(G) for proposals that consist of any of the following:
            1.   Residential developments containing more than 24 multi-dwelling units (apartments) on a single parcel;
            2.   Nonresidential developments containing more than 10,000 square feet of gross floor area; or
            3.   Additions to nonresidential developments that have the effect of increasing the gross floor area on the subject parcel by more than 50%.
         (b)   No public information meeting or neighbor notice shall be required if a public hearing has already been held on the same matter.
      (6)   Review and action.  Within ten days of the receipt of a complete site capacity calculation/site plan application, Multi-Disciplinary Team members shall review the site capacity calculation/site plan application and provide comments to the Planning, Building and Development Director. Upon receipt of Multi-Disciplinary Team comments, the Planning, Building and Development Director shall schedule the site plan proposal for discussion at the Multi-Disciplinary Team.  Comments shall include a determination by the appropriate highway authority relating to access to a public road. The applicant shall be notified of the date, time, and location of the meeting. When proposals require neighbor notice, neighbors may attend the Multi-Disciplinary Team meeting. Following the staff discussion with the applicant, neighbors may provide comments to the Multi-Disciplinary Team. Following the Multi-Disciplinary Team meeting, the Planning, Building and Development Director shall compile all comments received, and act to approve, approve with conditions, or deny the application based on its compliance with the site capacity calculation/site plan application submittal requirements and the applicable standards of this chapter. In the event of denial, the Planning, Building and Development Director shall provide the applicant with a written description of the reasons for denial and the procedure for continuing the site capacity calculation/site plan review process.
      (7)   Lapse of approval.  The site capacity/site plan approval shall lapse and be of no further effect if a site development permit or building permit has not been obtained within one year from the date of approval. If changes are made to the site plan after the site capacity is approved, the site capacity and site plan shall be reexamined.
   (D)   Site capacity calculations.
      (1)   Calculation of base site area.  The first step of the site capacity calculation process involves the calculation of “base site area”, in accordance with the following methodology:
 
Calculation of Base Site Area
Step 1
Determine gross area of site based on an on-site survey.
Step 2
Subtract land area of existing roads and land within existing utility and drainage easements and existing access easements.
Step 3
Subtract land that is not contiguous.
A.   A separate parcel that has access to a road and is of sufficient size to support independent development but that does not abut, adjoin, or share common boundaries with the rest of the development or is rendered physically inaccessible to the main parcel by the presence of a railroad, existing land use, major stream, or other natural or man-made barrier, such that common or integrated use of the two parcels is not physically possible. (Site capacity for these parcels shall be calculated separately.)
B.   A separate parcel that does not have access to a road or is not of sufficient size to support independent development and that does not abut, adjoin, or share common boundaries with the rest of the development or is rendered physically inaccessible to the main parcel by the presence of a railroad, existing land use, major stream, or other natural or man-made barrier, such that common or integrated use of the two parcels is not physically possible, thus rendering the land unavailable for development purposes.
Step 4
Subtract land that was reserved for resource purposes in a previously approved subdivision plat (e.g., floodplain or recreation area)
Step 5
Subtract land used or proposed for residential uses, whenever a mix of nonresidential and residential uses are proposed. (In the case of the site capacity calculation for the proposed residential use, subtract the land proposed for nonresidential use.)
   Equals “Base Site Area”
 
      (2)   Calculating Net Site Area.  After determining “base site area”, calculate “net site area” in accordance with the following methodology:
 
Calculation of Net Site Area
Step 1
Determine base site area (see § 151.070(D)(1))
Step 2
Subtract regulatory floodplains [and flood-prone areas with 100+ acres of tributary drainage area (see § 151.071(B))]
Step 3
Subtract wetlands (1/4 Ac. +) (see § 151.071(C))
Step 4
Subtract nonlinear water bodies (see § 151.071(E))
Step 5
Subtract linear water bodies (see § 151.071(G))
   Equals “Net Site Area”
 
      (3)   Site capacity calculation (residential).  Residential site capacity shall be calculated in accordance with the following methodology:
         (a)   Maximum number of dwelling units allowed.  The first step of the residential site capacity calculation process involves calculating the maximum number of dwelling units permitted on the parcel. The following steps are required to make this calculation:
 
Calculation of Maximum Dwelling Unit Count
Step 1
Take Net Site Area (see § 151.070(D)(2))
Step 2
Multiply by zoning district maximum density (see § 151.125)
x
Equals Maximum Allowed Dwelling Units (round to nearest whole number)
=
 
         (b)   Open space requirements.  The second step of the residential site capacity calculation process involves calculating the amount of “open space” that must be set aside. The minimum amount of open space required in a residential development is a function of the amount of Resource-Protected Land that exists on a parcel; the land area that must be set aside to meet the county’s recreation land area requirements [ten acres per 1,000 residents]; and the minimum zoning district open space requirement (applies to conservation developments only).
            1.   Resource-protected land area. The provisions of this subchapter identify several natural resources that must be protected, in whole or in part. The area occupied by these identified resources are referred to as “Resource-Protected Lands.” The total Resource-Protected Land area of a site shall be calculated in accordance with the following methodology:
 
Calculation of Resource-Protected Land Area
Resource Type [1]
Land Area of Resource (Acres)
Protection Ratio
Resource-Protected Land Area
1
Regulatory floodplains [and flood-prone areas with 100+ acres of tributary drainage area (see § 151.071(B)) [2]]
( _[3]
x
1.00)
=
2
Wetlands (1/4 Ac. +) (see § 151.071(C))
( _[3]
x
1.00)
=
3
Nonlinear water bodies (see § 151.071(E))
( _[3]
x
1.00)
=
4
Linear water bodies (see § 151.071(G))
( _
x
1.00)
=
Wetland and water body buffers [wetland, linear water body and nonlinear water body buffers (see §§ 151.071(D), (F), and (H))]
( _
0.80)
=
6
Mature woodlands/groves (see § 151.071(I))
( _
x
0.70[4])
=
7
Young woodlands (see § 151.071(I))
( _
x
0.50[4])
=
   Equals total Resource-Protected Land area
[1] If two or more resources overlap, only the resource with the higher protected ratio shall be calculated.
[2] Uses/developments allowed within floodplains are not required to include floodplains in calculations.
[3] Land Area of Resource may be reduced pursuant to § 151.146(M)(9) and § 151.148(B).
[4] Woodland resources may be reduced pursuant to § 151.071(I)(6)(e), replacement of woodland credit.
 
            2.   Recreation land area.  All residential developments located in R1, R2, R3, R4, R5, and R6 Zoning Districts are required to provide recreation land area to meet the county’s minimum recreation area requirements of 19.5 acres per 1,000 residents, in accordance with the following methodology.
 
Calculation of Recreation Land Area (Residential)
Step 1
Take maximum number of dwelling units proposed
Step 2
Multiply by 0.055 (based on county average household size)
x  
Equals total recreation land area required (acres)
0
* No recreation land area is required if the calculation yields a requirements of less than 0.5 acre.
 
            3.   Total open space area.
               a.   Conventional development.  Calculating the open space required in a conventional development involves adding the Resource-Protected Land area calculated under subsection (D)(3)(b)1. above and the recreation land area calculated under subsection (D)(3)(b)2. above.
 
Calculating Required Open Space (Conventional Development)
Step 1
Take total Resource-Protected Land area (from § 151.070(D)(3)(b)1., above)
Step 2
Add total “Recreation Land Area” (from § 151.070(D)(3)(b)2., above)
+
Equals Minimum Conventional Development Open Space requirement
=
 
               b.   Conservation development.  The amount of open space required to be set aside in a conservation development is equal to the zoning district minimum open space requirement (see § 151.125) or the sum of the Resource-Protected Land area calculated under subsection (D)(3)(b)1. above and the recreation area calculated under subsection (D)(3)(b)2. above, whichever results in the greater area.
 
Calculating Required Open Space
Step 1
Take total Resource-Protected Land area (from subsection (D)(3)(b)1., above)
Step 2
Add total Recreation Land Area (from subsection (D)(3)(b)2., above)
+
???
Equals Capacity-Based Open Space Requirement
=
Step 3
Take Base Site Area (subsection (D)(1))
Step 4
Multiply by zoning district (minimum) open space ratio (see § 151.125)
x
???
Equals District-Based Open Space requirement
=
Step 5
Take higher of Capacity-Based or District-Based Open Space Requirement; equals minimum Open Space Requirement
=
 
      (4)   Site capacity calculation (nonresidential).  Site capacity for nonresidential development shall be calculated in accordance with the following methodology:
         (a)   Maximum floor area allowed.  The first step of the nonresidential site capacity calculation process involves calculating the maximum amount of floor area permitted on the parcel, in accordance with the underlying zoning district regulations. The following steps are required:
 
Calculation of Maximum Floor Area
Step 1
Take Net Site Area (see subsection (D)(2) above)
Step 2
Multiply by zoning district maximum floor area factor (see § 151.125)
x
   Equals “Maximum Floor Area”
 
         (b)   Maximum impervious area allowed.
            1.   The second step of the nonresidential site capacity calculation process involves calculating the maximum amount of impervious area permitted on the parcel, in accordance with the underlying zoning district regulations.
            2.   The following steps are required:
 
Calculation of Maximum Impervious Area
Step 1
Take Net Site Area (see subsection (D)(2))
Step 2
Multiply by zoning district maximum impervious surface ratio (ISR) (see § 151.125)
x
   Equals “Maximum Impervious Surface”
 
         (c)   Open space requirements.  The final step of the nonresidential site capacity calculation process involves calculating the amount of “open space” that must be preserved and set aside. In the case of nonresidential development, only Resource-Protected Lands must be set aside. The provisions of this subchapter identify several natural resources that must be protected, in whole or in part. The areas occupied by these identified resources are referred to as “Resource-Protected Lands”. The total Resource-Protected Land area of a site shall be calculated in accordance with the following methodology:
 
Calculation of Resource-Protected Land Area
Resource Type[1]
Land Area of Resource (Acres)
Protection Ratio
Resource-Protected Land Area
1
Regulatory floodplains [and flood-prone areas with 100+ acres of tributary drainage area (see § 151.071(B))[2]]
( _[3]
x
1.00)
0
2
Wetlands (1/4 Ac. +) (see § 151.071(C))
( _[3]
x
1.00)
=
3
Nonlinear water bodies (see § 151.071(E)
( _[3]
x
1.00)
=
4
Linear water bodies (see § 151.071(G)
( _
x
1.00)
=
5
Wetland, linear water body and nonlinear water body buffers (see § 151.071(D), (F), and (H))
( _
x
0.80)
0
6
Mature woodlands/groves (see § 151.071(I))
( _
x
0.70[4])
=
7
Young woodlands (see § 151.071(I))
( _
x
0.50[4])
=
   Equals total “Resource-Protected Land Area”
[1]  If two or more resources overlap, only the resource with the higher protected ratio shall be calculated.
[2]  Uses/developments allowed within floodplains are not required to include floodplains in calculations.
[3]  Land area of resource may be reduced pursuant to §§ 151.146(M)(1) and 151.148(B).
[4] Woodland resources may be reduced pursuant to § 151.071(I)(6)(e), replacement of woodland credit.
 
(Ord., § 4.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed 10-9-2012; Ord. 19-1378, passed 9-10-2019)