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(a) The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.
(b) Subsequent to disapproval of an application for a conditional use permit, a period of at least one (1) year shall elapse before another application for the same conditional use at the location may be considered by the Planning and Zoning Administrator or the BZBA.
(c) Appeals of decisions of the Planning and Zoning Administrator may be taken to the BZBA pursuant to the procedures set forth under Section 1109.25. Appeals of decisions of the BZBA may be taken to the Franklin County Court of Common Pleas as allowed by R.C. Chapter 2506.
(1) Such use is not listed in any other zone or district as a permitted use;
(2) Such use has characteristics and impacts consistent with those of one (1) or more of the permitted uses in the district; and such use has characteristics and impacts more consistent with those of the permitted uses of the zone or district than with the permitted uses of any other district;
(3) The establishment of such use in the zone or district will not significantly alter the nature of the district;
(4) Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the zone or district; and
(5) Such use does not typically require site conditions or features, building bulk or mass, parking lots or spaces, or other requirements dissimilar from permitted uses; and the typical development of site and buildings for such use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, and other provisions of the zone or district.
(d) A similar use shall be heard by the BZBA in accordance with the notice provisions applicable to a conditional use.
(e) Based upon the application of the foregoing factors, the BZBA shall determine whether a proposed use should be or should not be determined to be a similar use for the district or zone. Appeals of any similar use determination shall be heard by City Council in accordance with the appeals provisions set forth under Section 1109.25.
(f) Following the approval of any similar use determination, the Planning and Zoning Administrator shall conduct the six (6) month review applicable to conditional uses and make such determinations and reports as provided for under Section 1109.15(j).
(g) Within fourteen (14) days of the BZBA’s denial of a similar use determination, the applicant may file a written appeal with City Council. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the BZBA shall have waived such right to appeal, and the decision of the BZBA shall become final.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
SITE PLAN AND DESIGN REVIEW | WHEN APPLICABLE.... |
Minor Site Plan and Design Review | Any non-residential development, or site improvement which involves under five thousand (5,000) square feet of structure or building, other than a fence or accessory structure |
Major Site Plan and Design Review | Any development, which involves more than five thousand (5,000) square feet of structure or building; Any development impacting or adjacent to an environmentally sensitive feature. Any development which in the professional opinion of the Planning and Zoning Administrator, warrants public review. |
(a) Applicability. Except as otherwise provided herein or elsewhere in this Zoning Code, minor site plan and design review or major site plan and design review is required in accordance with the provisions contained herein. The Planning and Zoning Administrator shall conduct minor site plan and design review and the Planning Commission shall conduct major site plan and design review, in each case, as provided below.
(b) Minor Site Plan and Design Review. Minor site plan and design review shall be required for any nonresidential development or site improvement which involves under five thousand (5,000) square feet of structure or building other than a fence or accessory structure.
(c) Minor Site Plan and Design Review - Application. An application for minor site plan and design plan review shall be submitted to the Planning and Zoning Administrator and shall include the following information:
(1) A vicinity map showing the location of the proposed development in relationship to the surrounding area including major thoroughfares.
(2) A site plan illustrating the following:
A. The dimensions of property lines, parcel dimensions and adjoining rights-of-way.
B. The current zoning of the parcel and all adjacent parcels.
C. The location of proposed buildings and structures.
D. The location of existing water bodies, streams, drainage ditches, stands of trees and other pertinent features within one hundred fifty (150) feet of the proposed development.
E. Setbacks and building separations shall be noted in accordance with zoning requirements.
F. A landscape concept plan, including approximate location of all new landscape material and plantings, that addresses the applicable district requirements.
G. A transportation and parking plan, including location and number of all parking and loading spaces and location of all proposed walkways and bike/pedestrian access points, that addresses the applicable district requirements.
(3) An architectural plan, including exterior building materials, colors, and lighting features, that addresses the applicable district requirements; and
(4) Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.
(d) Minor Site Plan and Design Review - Review and Approval or Denial. Any applicant requesting minor site plan and design review shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as the Planning and Zoning Administrator may require. Within thirty (30) days of filing a complete application, the Planning and Zoning Administrator shall act upon the application for minor site plan and design review based upon the applicable district regulations, and other applicable regulations, standards, and design guidelines of the City. If the Planning and Zoning Administrator determines that the proposed development complies with the applicable standards of the applicable districts, then, the Planning and Zoning Administrator shall issue a zoning certificate. If the Planning and Zoning Administrator determines that the proposed development does not comply with the applicable standards of the applicable district, then the Planning and Zoning Administrator shall deny the application and state the reasons for such denial in writing.
(e) Major Site Plan and Design Review. Major site plan review shall be required for the following forms of development in any district:
(1) Any development, which involves more than five thousand (5,000) square feet of structure or building;
(2) A development impacting or adjacent to an environmentally sensitive feature; or
(3) A development which in the professional opinion of the Planning and Zoning Administrator, warrants public review.
(f) Major Site Plan and Design Review - Application. An application for major site plan and design review shall be submitted to the Planning and Zoning Administrator and shall include the following information:
(1) All materials required for minor site plan and design review as set forth above;
(2) A basic utility plan;
(3) Where applicable an engineers staff report will be conducted by the City Engineer, where further recommendations could be made. The cost for any engineering study or report prepared by and/or for the City shall be assumed by the applicant as part of the cost of the application.
(4) Where required a plot-grade utility plan shall be submitted to the Director of Development for review and approval subsequent to and in conformance with an approved site plan.
(5) Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.
(g) Site Plan and Design Review - Conditions. In accordance with the site plan and design review procedures contained in this chapter, the Planning and Zoning Administrator or the Planning Commission, as applicable, may place such reasonable conditions on the approval of a site plan that may be required to address the standards for review set forth herein or are otherwise consistent with the purpose and intent of this Zoning Code.
(h) Approved Site Plan - Modifications. The Director of Development or his or her designee, may approve such adjustments to an approved site plan as are required for engineering purposes such as proper function of utilities or to accommodate soil conditions. Such adjustments shall meet the following conditions:
(1) The adjustment is required in order to ensure the life-safety, proper function of the site utilities or building, or to comply with the regulations of a state or federal agency;
(2) The adjustment is as minimal as possible to correct the engineering issue;
(3) The adjustment does not increase the impervious surface on the subject property by more than one hundred (100) square feet as compared to the impervious surfaces contemplated on the approved site plan;
(4) The adjustment shall not be used to add any additional uses or tenants;
(5) The adjustment does not increase the number of curb cuts on a public street; and
(6) The adjustment does not violate any specific condition of the approved site plan.
(i) Approved Site Plan - Amendment. Any amendment to an approved site and design plan shall be considered by the applicable approving body based on the standards applicable to such amendment; provided however, any amendment that in the direction of the Planning and Zoning Administrator constitutes a minor amendment may be reviewed and approved by the Planning and Zoning Administrator even if such amendment pertains to a major site and design plan.
(j) Site Plan - Appeals. The BZBA shall hear all appeals of individuals who are directly affected by a decision of the Planning Commission or Planning and Zoning Administrator when such appeal is properly and timely filed as required by this chapter. An applicant refused such certificate shall appeal in writing to the BZBA within thirty (30) days of the date of refusal by the applicable decision-making body. BZBA shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
(a) Certificate of Appropriateness (COA). A certificate of appropriateness must be obtained prior to commencing new construction or any exterior remodeling, reconstruction or other exterior building modifications of non-residential structures located within the Olde Reynoldsburg Districts. The Planning and Zoning Administrator shall not issue a zoning certificate prior to the Planning Commission’s review and approval of a certificate of appropriateness in accordance with the provisions of this chapter. The Planning and Zoning Administrator shall review all zoning certificate applications for projects within the design review districts exempted from a COA by this section or any other section of this Zoning Code, for compliance with the standards of section design guidelines adopted by the Planning Commission or City Council. If in the professional opinion of the Planning and Zoning Administrator, the proposed project does not meet those standards or design guidelines, a certificate of appropriateness from the Planning Commission shall be required.
(b) Application for COA. All applications and attachments for a COA shall be made to the Planning and Zoning Administrator at least fourteen (14) days prior to a regularly scheduled meeting of the Planning Commission.
(c) Exception to COA. A certificate of appropriateness shall not be required in the case of customary building maintenance activities that do not alter the building material types or exterior colors.
(d) COA Review. The Planning Commission shall review an application for a COA to determine if proposed new construction or alteration to an existing non-residential structure promotes, preserves and enhances the overall architectural character and integrity of the Olde Reynoldsburg Neighborhood District or Olde Reynoldsburg Commercial District, as applicable, and to endeavor to assure that the proposed structure or alteration would not be at variance with existing non-residential structures within such district. In considering the new construction or alteration, the Planning Commission shall evaluate the application based on whether the proposal:
(1) Enhances the attractiveness and desirability of the district;
(2) Encourages the orderly and harmonious development in a manner in keeping with the overall character of the district;
(3) Improves residential amenities in any adjoining residential neighborhood;
(4) Enhances and protects the public and private investment in the value of all land and improvements within the district;
(5) Satisfies the applicable guidelines set forth under Chapter 1103; and
(6) Overall effects of the project or development on the appearance and environment of the district.
(e) Time for Decision on COA. The Planning Commission shall render a decision on all applications within sixty (60) days from the original hearing of the Planning Commission unless additional time is requested by the applicant. Upon approval by the Board, the Planning and Zoning Administrator shall issue a COA to the applicant.
(f) Other Land Use Approvals. An application for a COA in which the design under consideration would require a variance granted by the BZBA or a site plan and design review by the Planning Commission prior to construction shall not be considered until a final determination has been made on all required variances or site plan and design reviews. If during the course of a review, the BZBA or Planning Commission determines that a zoning variance or other approval will be required in order to implement the proposal under consideration, it shall suspend further action on the application until such time as the additional approval has been heard and approved by the BZBA or the application has been amended to eliminate the need for such additional approval.
(g) Appeal of COA. The BZBA shall hear all appeals of individuals who are directly affected by a decision of the Planning Commission when such appeal is properly and timely filed as required by this chapter. An applicant refused such certificate shall appeal in writing to BZBA within thirty (30) days of the date of refusal by the Planning Commission. The BZBA shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request. A resolution stating the decision of BZBA shall be introduced and passed at the next regular meeting following the hearing.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
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