(a) Purpose. Certain land uses are quite necessary to the proper development of a community, but likewise possess characteristics which warrant special treatment. These characteristics, in many situations, can easily become undesirable to some degree, basically because their intrinsic needs and/or appearance have a wide-ranging influence beyond their own perimeter. In conformance with the purposes of this code, it is hereby deemed prudent and necessary to apply limits and guidelines which shall both encourage good development and discourage undesirable effects on surrounding development.
(b) Applicability. The following forms of development shall require site plan review by the Planning Commission in accordance with this section:
(1) New construction, structural alterations, and site improvements in the R2-C, RM-D, PF, OB, LB, GB, CBD, CS, GI, ITC, and PUD Districts, unless waived by the Director of Community Development for the following reasons:
A. The construction is an addition or alteration to an existing building that includes less than fifty percent (50%) of the entire building gross floor area prior to construction and will not alter the any building facade facing a street;
B. Minor changes to vehicular use area or landscaping requirements, as determined by the Director of Community Development; or
C. Other changes that are minor or technical in nature and will not alter the use or change the exterior appearance of buildings.
(2) New construction, structural alterations, and site improvements in the NLO District, regardless of the underlying zoning district;
(3) All conditional uses, in all zoning districts;
(4) Any proposal to alter, reconstruct, or otherwise modify any existing or previously approved site plan for a permitted use, conditional use, or similar use that increases the number of dwelling units in a multi-family development, or that changes the use in a manner which requires an increase in the amount of parking or a change in the site's circulation.
(5) Exemptions. The following forms of development within the above zoning districts shall be exempt from site plan review but may still be subject to certificate of zoning approval review:
A. Single-family dwellings; and
B. Re-occupancy of an existing building or the internal construction or change in floor area of a building or structure that does not increase the gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this code; and
C. Accessory and temporary uses as established in Chapter 1111: Accessory and Temporary Uses, unless otherwise stated.
(c) Site Plan Review Procedure. The site review procedures shall proceed as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Director of Community Development and/or Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a site plan application is complete, the Director of Community Development shall forward the application to the PC and may distribute the application to other departments or agencies for review and comment.
B. The Director of Community Development may consolidate any comments from the public received in advance of the meeting and comments from the Community Development Department or other departments and agencies into a report for the PC to review as part of Step 4.
(4) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall review the site plan application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.
C. Within sixty (60) days of the Director of Community Development determining that the application is complete, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
D. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
E. After approval of a site plan, the applicant may apply for a certificate of zoning approval.
(d) Review Criteria. The following standards shall be utilized by the Planning Commission in the review of all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of the site plans as well as for the reviewing authority in making a judgment concerning them. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention or innovation.
(1) The proposed development is consistent with all the requirements of this code, and other related codes and ordinances of the City;
(2) The proposed development is in compliance with the applicable zoning district regulations;
(3) The proposed development complies with any established standards, policies, or requirements in the approved Comprehensive Plan or thoroughfare plan;
(4) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, conditional use approvals, variance approvals, etc.);
(5) Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings;
(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
(7) The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas;
(8) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(9) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(10) All surface water drainage plans shall conform to the Water Retention Ordinance for the City of Sharonville (See Ordinance No. 80-46.), as amended. A letter from the City shall be obtained indicating conformance;
(11) Any utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and the site;
(12) Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties;
(13) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(14) Adequate provision is made for emergency vehicle access and circulation; and
(15) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(e) Modifications.
(1) Major changes such as increased density, additional buildings, etc., to the approved final site plan shall require a new submission for site plan approval.
(2) Any minor changes, such as dimension changes, building location, parking and drives, etc. may be approved by the Director of Community Development provided they do not create substantive changes to the elements of the site plan.
(3) No changes are to be considered as a waiver of conditions or covenants, and all rights to enforce such conditions or covenants against any changes permitted by this code are expressly reserved.
(f) Significance of an Approved Site Plan.
(1) An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development, regardless if the ownership of the site is transferred.
(2) All construction and development under any certificate of zoning approval and building permit shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the certificate of zoning approval and/or building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(g) Time Limit.
(1) The applicant shall submit a completed application for a certificate of zoning approval within one year of the date the site plan was approved or the site plan approval shall expire.
(2) Upon expiration of a site plan approval, a new application, including all applicable fees, shall be required before a new site plan will be reviewed.
(3) Upon written request, one extension of six (6) months may be granted by the Director of Community Development if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for certificate of zoning approval issuance, as part of its approval, based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2022-22. Passed 5-10-22.)