§ 153.427 ADMINISTRATIVE PROVISIONS.
   (A)   Applicability. For properties located in the Riverfront Mixed-Use District, as designated on the Zoning Map, compliance with each component of this subchapter shall apply based on the table below:
Height
Siting
Design Standards
Uses
Parking
Height
Siting
Design Standards
Uses
Parking
New construction
X
X
X
X
X
Expansion of building area:
   0%-25% of building area
X
X
X
X
   26% or more of building area
X
X
X
X
X
Changes in use:
   Does not require additional parking or building additions
X
X
   Requires additional parking or expand the parking lot by more than 10% from the approved site plan
X
X
X
X
Expansion of parking area
X
X
X
Facade changes
X
Improvements to nonconforming sites, structures and uses are also subject to review according to §§ 153.100 through 153.112
 
   (B)   Plan review.
      (1)   Site plan and concept plan reviews and approvals shall be required for the activities or uses listed in § 153.425.
      (2)   Development requiring site plan review shall follow the site plan review process set forth in § 153.083.
      (3)   Approvals are obtained from the Planning Commission, City Council, or Chief Inspector, or designee, depending upon the nature of the proposed construction or use. Where City Council approval is required, it shall be based upon the recommendation of the Planning Commission. Where the ordinance allows the city to grant modifications to a specific requirement, the approval authority shall be the body with the authority to grant the associated modification or waiver, based upon the standards provided in that section. Variances may only be granted by the Board of Appeals on Zoning as set forth in § 153.586.
      (4)   Activities and uses that are exempt from site plan/sketch plan approval still require a building permit. All construction or building modification is subject to city building permit requirements of the Inspections Division of the Department of Neighborhood Services and Inspections.
      (5)   The Chief Inspector, or designee, retains the option to require a complete site plan for review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing problems with drainage, traffic, noise, aesthetics or other general health and safety issues. If a full site plan is required, the Chief Inspector, or designee, shall inform the applicant to submit a set of plans in accordance with § 153.083(B) within 14 days of receipt of the application.
      (6)   Concept plan review. Minor expansions, accessory structures, or changes in use to existing sites are permitted to provide less detailed information than a full scale site plan review. The level of information is intended to be proportional to the extent of the change and yet ensure adequate review for compliance with applicable standards. Submissions for concept plan review shall include:
         (a)   Application form;
         (b)   Conceptual review fee;
         (c)   The name and address of the owner and any designated representative of the owner;
         (d)   Written description of the proposed use;
         (e)   Conceptual site plan, illustrating existing site features such as lot dimensions, general footprints of buildings and parking, and provides more detail on the areas of the site proposed to be changed. The level of information required shall be established by the Chief Inspector, or designee, to be sufficient to ensure the modification complies with this and other applicable city codes; and
         (f)   A location map.
Review Process Approvals
Administrative
Planning Commission
City Council
Concept Plan
Full Site Plan
Review Process Approvals
Administrative
Planning Commission
City Council
Concept Plan
Full Site Plan
Site plan review
   New development
X
   Major expansion
X
   Minor expansion
X
   Accessory structures
X
   Change in use that requires additional parking or expand the parking lot by more than 10% from the approved site plan
X
   Provide more parking spaces than permitted (must meet special land use criteria)
X
Special land use
X
Rezoning
X
X
 
   (C)   Modifications requiring Planning Commission approval.
      (1)   Modifications to the design standards of §§ 153.423 and 153.424 may be approved by the Planning Commission. A modification shall require an application that includes a site plan and a front elevation drawing of the proposed building superimposed on a color drawing or photograph of the entire block showing the relationship of the proposed building to other buildings on the block. The application shall be reviewed by the Planning Commission based upon the following criteria:
         (a)   The design of the building shall be in keeping with the architectural character of the Riverfront Mixed-Use District, as articulated in the Master Plan. This shall not prevent innovation and creativity in design that is in keeping with the Master Plan, as determined by the Planning Commission.
         (b)   The building shall be oriented toward the front sidewalk, having a functioning entrance and enhance the continuity of the pedestrian oriented environment. A modification shall not result in increasing the dominance of vehicular parking or garage doors along the front of the building.
         (c)   The design of the roof shall be compatible with character of other buildings along the block and shall meet district height requirements.
         (d)   The exterior finish materials shall be of equal or better quality, in terms of durability and appearance/texture similar to brick, stone, or wood, as those permitted in the district. The intent is to accommodate new technologies and building material while maintaining the desired character of the Riverfront Mixed-Use District, as defined in subsection (1) above.
         (e)   Ground floor windows shall be provided along the front sidewalk to maintain the pedestrian-orientation of the streetscape and upper story windows and shall not be incompatible with the rhythm and proportions of windows on other buildings along the block.
      (2)   Relief from unlisted standards. Any request for relief from a required form district standard other than those listed above shall be made through the variance permit procedures set forth in § 153.586.
      (3)   Deviations from approved site plan. Minor changes to the approved final site plan may be approved by the Chief Inspector, or designee, without requiring a resubmittal to the Planning Commission or City Council, as applicable, provided that the applicant or property owner notifies the Chief Inspector, or designee, of any proposed amendment to such approved site plan prior to making said change on the site and the Chief Inspector, or designee, determines the proposed revision does not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved site plan. Where the modifications are not determined to be minor, then the site plan shall require resubmittal to the Planning Commission or City Council, as applicable, for approval as a site plan amendment. For purposes of interpretation, the following shall be considered minor changes:   
         (a)   The size of structures may be reduced, or increased by up to 5% provided the overall density of units does not increase.
         (b)   Movement of a building or buildings by no more than ten feet.
         (c)   Plantings approved in the landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis.
         (d)   Trees to be preserved that were damaged or lost during construction may be replaced by trees of a similar species with a minimum caliper of two inches, with two new trees required for each tree replaced.
         (e)   Improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths and the like.
         (f)   Changes of building materials to another of higher quality, as determined by the Chief Inspector, or designee.
         (g)   Changes in floor plans which do not alter the character of the use.
         (h)   Slight modification of sign placement or reduction of size.
         (i)   Changes required or requested by the city, county, state or federal agency for safety reasons or for compliance with other applicable laws.
         (j)   Situations similar to the above.
(Ord. O-202, passed 4-2-2018, effective 4-12-2018)