Section
150.1401 Purpose
150.1402 Development plan review required
150.1403 Filing an application
150.1404 Pre-application meeting encouraged
150.1405 Minor alterations reviewed by Zoning Administrator
150.1406 General development plan submission requirements
150.1407 Final development plan submission requirements
150.1408 Development plan review procedures
150.1409 Planning Commission review of a general development plan
150.1410 Planning Commission review of a final development plan
150.1411 Request for additional information
150.1412 Simultaneous plat approval
150.1413 Action by Planning Commission
150.1414 Equivalency provision
150.1415 Action by Council
150.1416 Significance of an approved development plan; plan revisions
150.1417 Expiration of development plan approval
The purpose of this Chapter is to provide adequate review of proposed developments in those zoning districts where the uses are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.
(Ord. 5-2005, passed 3-23-05)
Review and approval of a general development plan and/or final development plan shall be conducted in compliance with the following prior to the issuance of a zoning certificate:
(A) General Development Plan. A general development plan that indicates the general concept of development for an entire site including the general location of use areas, open space and circulation pattern, shall be required for any project that includes phased development, which, at the option of the applicant, may run concurrent with the final development plan approval process. Applicants for other types of projects may but are not required to submit a general development plan.
(B) Final Development Plan. A final development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
(1) All single-family residential developments not otherwise subject to the subdivision regulations.
(2) For any proposed development for which, according to division (A) above, a general development plan is required.
(3) New construction of all permitted uses in multi-family and business districts;
(4) New construction of all conditional uses;
(5) Any existing or previously approved development meeting the criteria of division (B)(2) through (B)(4) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation, unless exempt from development plan review pursuant to § 150.1405.
(6) Any development not otherwise exempted in this code.
(Ord. 5-2005, passed 3-23-05)
The applicant is encouraged to meet with the Zoning Administrator or the Planning Commission prior to submitting an application for general development plan review or final development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot or to an approved development plan prior to or during the time of construction, the Zoning Administrator may make a determination that such a proposal is not subject to development plan review.
(A) For the purposes of this section, a proposed development may be considered a minor alteration when it complies with both divisions (A)(1) and (A)(2) below:
(1) It is limited to the following:
(a) The construction, addition, or alteration of a principal or accessory structure permitted in the O, L-B, or G-B Districts, or a principal or accessory structure of a conditional use permitted in any district, excluding the OM District, that results in an increase in the building footprint of that principal or accessory structure by less than 25% but not more than 1,000 sq. ft, whichever is less.
(b) Any construction on a property in the O, L-B or G-B District, or a conditional use in any district, excluding the OM District, which results in an increase of the total impervious surface area on the lot up to 10% but not more than 2,000 square feet.
(d) In any case, a proposed increase in the original building footprint of 500 square feet or less may be considered a minor alteration.
(2) The Zoning Administrator determines that the minor alteration will have no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(B) The applicant shall submit a scaled drawing indicating the proposed minor alteration.
(C) The Zoning Administrator shall review the proposal to determine that it is appropriate and not contrary to this Zoning Code. In making such determination, the Zoning Administrator may consult with the Chair of the Planning Commission.
(D) In the event that the Zoning Administrator approves the proposal, he or she shall issue a Zoning Certificate to the applicant. If the Zoning Administrator denies the proposal, he shall notify the applicant and transmit his reasons for the denial. The Zoning Administrator shall complete his review and make a determination within 30 days of receipt of a complete application. The Zoning Administrator shall record his determination and report it to the Planning Commission at their next regularly scheduled meeting. If the Zoning Administrator denies the proposal, he/she shall notify the applicant and transmit the reasons for the denial. Denial of a minor alteration by the Zoning Administrator may be appealed to Planning Commission by the applicant, if a notice of appeal is filed with the Zoning Administrator within 14 days of the date the development plan is denied in writing.
(E) When the Zoning Administrator determines that a minor alteration proposed in the Heritage Overlay District is not subject to development plan review, according to the criteria outlined in Division (A) above, such proposal shall be reviewed by the Zoning Administrator in accordance with the procedures set forth in § 150.1207.
(F) All other requests for modifications that do not meet the criteria outlined in this section shall be submitted for approval in accordance with this Chapter.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 16-2013, passed 11-6-13)
An application for general development plan review shall include a plan for the entire area of the proposed project. The application along with the application fee shall be submitted to the Zoning Administrator. The application shall include the map, plan, and supplementary documentation itemized below. A sufficient number of copies of the following items, as determined by the Zoning Administrator, shall be submitted with the application.
(A) A vicinity map showing the relationship of the site to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within 200 feet of the site, and zoning district boundaries.
(B) Verification of availability of all utilities, including water, sanitary sewer, gas, electric etc.
(C) The general development plan shall be drawn to an appropriate scale and shall indicate:
(1) The location of all existing structures and access points.
(2) The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site.
(3) The general location of all proposed construction including buildings and structures, parking areas, and access points.
(4) The location of existing and proposed topography, water courses, existing flood plains, major vegetation features, and wooded areas;
(5) The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation.
(D) A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;
(E) If the property is to be developed in phases, a proposed development schedule shall be prepared and the plan shall identify the separate phases of the project.
(F) Other documentation needed as deemed necessary by the Zoning Administrator to evaluate the general concept of the proposed development.
(Ord. 5-2005, passed 3-23-05)
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