(a) In a Residence District, as defined in this chapter, and specifically pertaining to Congregate Senior Citizens Housing and defined in Section 1143.01(i), there shall be no requirement that the owner or developer must plat or subdivide the land or parcel in accordance with the applicable chapters of the Planning and Zoning Code, if all the following apply:
(1) The legal or equitable ownership of the land or parcels sought to be developed or subdivided will remain under the same legal or equitable ownership immediately after said development.
(2) The development or subdivision will not result in a sale, gift or conveyance of any land or parcels to another person, corporation, partnership, association or trustee, either wholly or in part, not associated or affiliated with the legal or equitable owner.
(3) The legal or equitable owner must submit to the Commission yearly a full and complete engineering map evidencing all of the following:
A. A location survey of all water, sewer and storm water systems as installed.
B. A location survey of all roads, alleys (private or public) and easements.
C. Location survey of every building or structure erected or constructed thereon.
(b) Within a Congregate Senior Citizens Housing District, the owner or developer may construct, in addition to permitted uses set forth in Section 1143.01(i), the following buildings or structures as accessory uses:
(1) Administrative offices or office structures, provided the same remain under the common ownership of the owner or developer and primarily for the benefit of the residents and citizens of the Congregate Housing or the administration thereof.
(2) Restaurants, garages, shops, and accessory stores that remain under common ownerships of the owner or developer and will be primarily open and available to the residents, guests, employees and business invitees of the Congregate Housing.
(c) In the event that owner or developer intends to gift, sell, transfer or convey any land or parcel to a third party or entity, then in that event, the owner or developer shall submit the required plat or plats of the land or parcel to be conveyed, together with the details to be contained thereon, as set forth in the Planning and Zoning Code, for the acceptance and approval of the Commission and shall be recorded in the Office of the Mahoning County, Ohio, Recorder as other subdivisions in the Municipality.
(d) Any owner or developer who has previously developed any land or parcels, not in conformity with the Planning and Zoning Code, may avail himself of a special grandfather clause by complying with this section within one year from effective date hereof, by submitting the map of the existing development as set forth in subsection (a)(3) hereof.
(e) Nothing contained in this subsection (a)(3) hereof shall be construed as a waiver by this Council as to the requirements of the owner or developer of a Senior Citizens Housing District to comply with the requirements of a building permit, building inspection, fire inspection, electrical inspection or any other regulations, rule or ordinance promulgated or amended, providing for the general health, safety and welfare of the residents of the Municipality.
(f) The Planning Commission shall adopt such rules and regulations necessary to implement this section as provided by Section 7.02 of the Municipal Charter.
(g) (1) The Commission shall cause to be issued a special permit to the owner or developer who desires to take advantage of this section and the same shall not be revoked unless the Commission makes a finding that the owner or developer is not in compliance with this section and/or that the project is a material threat to the health, safety and general welfare of the residents and citizens of the Municipality.
(2) Prior to any revocation of the special permit, the Commission shall, by certified mail, return receipt requested, cause to be mailed to the owner or developer a notice of intent to revoke the permit. A hearing shall be held not later than thirty days after the mailing of said notice and the hearing shall be conducted as a Planning and Zoning Appeal as set forth in Chapter 1135. (Ord. 1596-97. Passed 4-14-97.)