(a)   Applicability.  This chapter governs and regulates the following activities within the City:
      (1)   All non-residential (industrial, commercial, office, institutional and civic), attached single-family and multifamily construction on lands within the City which, on the effective date of this Ordinance, requires a building permit.
      (2)   The perpetual maintenance of any required landscaped or common open space area built on or after the effective date hereof.
   (b)   Exceptions.  The regulations of this chapter shall apply in all areas of the City except:
      (1)   Those lands within the City limits which, on the effective date of this Ordinance, have a pending or completed application for approval for residential subdivision or the building of improvements on such lands in compliance with the Zoning Ordinance of the City as they exist on the date of such application: provided, those proposed improvements are built and completed within any applicable time limits specified in this Ordinance.
      (2)   Those lands which may in the future be annexed into the City, and on the effective date of that annexation, are improved by the construction of a building or other structure, or have received final approval for residential subdivision, in compliance with the zoning ordinances of the jurisdiction from which they are annexed as they exist on the date of annexation.
   (c)   Review and Permitting Procedures.
      (1)   Pre-application Review. Applicants are strongly encouraged to meet with the Zoning Administrator to discuss design concepts or present a preliminary design prior to submission of a required landscaping plan. Such discussions shall not be binding on the applicant or the City, are strictly at the option of the applicant, and no official action will be taken regarding the discussion or presentation.
      (2)   Application. A landscape plan, as specified in this chapter, shall be submitted as part of any administrative or final site plan required by Chapter 1145 of this Ordinance, unless specifically deferred or waived by the Zoning Administrator, Planning Commission or, if applicable, Design Review Board. The landscape plan submittal and application shall follow the applicable requirements of Section 1145.04. Incomplete plans will be returned to the applicant as though no application had been received, with notice of deficiencies and non-filing.
      (3)   Review Authority.  The Zoning Administrator or Planning Commission shall be responsible for reviewing the landscape plan, based on the scale of the proposed development as specified in Table 1145.02.  If the property that is the subject of the application is located within the design review overlay district, a copy of the landscape plan shall be forwarded by the Zoning Administrator to the Design Review Board which shall be responsible for reviewing and acting upon the landscaping.
      (4)   Technical Review. The Zoning Administrator shall review all plans and specifications submitted and the premises upon which the trees and landscaping are proposed to be planted with regard to compliance with the technical requirements of this chapter and all other ordinances and laws of the City.
      (5)   Design Review. The review authority shall consider the landscaping plan and shall approve, approve with conditions, or deny the application, based on conformance with the applicable landscape standards of Sections 1147.03 and 1147.04.  If denied, the reasons for the denial shall be stated and submitted in writing for the record.
      (6)   Approval. Upon approval or approval with conditions, the Zoning Administrator shall issue a permit accordingly.
   (d)   Landscape Plan Requirements. 
      (1)   Preparation.  The landscape plan shall include the location, botanical name, common name, quantity and size of all proposed plantings and shall be prepared by a landscape architect licensed in the State of Ohio to prepare planting plans. Additionally, the plan shall include summary plant schedules, charts and notes as necessary to clearly demonstrate conformance with all applicable planting requirements for the site. The general landscape installation standards defined within this chapter shall be included as notes on the plans. This requirement may be waived by the Zoning Administrator, at his/her sole discretion, for projects subject to administrative site plan review and for any residential development containing fewer than four (4) dwellings on a single lot or parcel; provided, the number, type, size and location of all proposed plant material shall be shown on the plan.
      (2)   Deviation from Plans.  At any time after the approval of any landscape plan, a developer, builder, or owner shall have the right to amend the proposed plan. Approval for deviations from the approved plan shall follow the same steps as changes or revisions to any other required development/site plans within the city, as specified in Section 1145.08.
         (Ord. 4-21.  Passed 1-4-21.)