(a) Purpose. The purpose of this section is to provide adequate review by the Planning Commission of proposed developments in those zoning districts where the uses permitted 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.
(b) Applicability. The following forms of development shall require site plan review by the Planning Commission in accordance with this section:
(1) New construction of all principal buildings in all zoning districts; and
(2) 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 structurally alters a principal building, increases the number of dwelling units in a multi-family development or changes the use in a manner which requires an increase in the amount of parking or a change in the site's circulation.
(3) Exemptions. The following forms of development shall be exempt from site plan review but may still be subject to zoning compliance review:
A. The new construction, expansion, alteration, or other modification of single-family dwellings;
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 Village Administrator, Zoning Administrator, and/or Planning Commission to informally discuss the application and any concept plans. Such a meeting shall be subject to Section 1105.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
(3) Step 3 - Village Administrator Review.
A. Upon determination that a site plan application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.
B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions.
C. The Village Administrator shall place the site plan application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the site plan application.
(4) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall review the site plan application at a public meeting.
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 Village Administrator 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 decision within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(5) Step 4 - Village Council Review and Confirmation.
A. Village Council shall review the Planning Commission's decision at a regularly scheduled meeting or special meeting.
B. Village Council may confirm the decision of the Planning Commission by a simple majority vote or may overturn the decision of the Planning Commission by a three-fourths vote of the total Village Council membership. The decision of the Village Council shall stand.
C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the decision from the Planning Commission shall be deemed a confirmation of the Planning Commission's decision.
D. After approval of a site plan, the applicant may apply for zoning compliance review.
(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 Village;
(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 land use 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 a 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 a manner as to minimize conflicts with adjacent properties and developments;
(10) Any utility installations remaining above ground shall be located so as to have a harmonious relationship with neighboring properties and the site;
(11) 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;
(12) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(13) Adequate provision is made for emergency vehicle access and circulation; and
(14) 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) 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 building permit or authorization to proceed following zoning compliance review shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the building permit or authorization to proceed, and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(f) Time Limit.
(1) The applicant shall submit a completed application for zoning compliance review 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 months may be granted by the Village Administrator if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for zoning compliance review, as part of its approval, based on the scale of the proposed development.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2879. Passed 10-23-23.)