(1) Purpose
The purpose of the site plan review procedure is to ensure that large-scale residential developments and all nonresidential developments comply with the development and design standards of this code. Zoning permits for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved site plan.
(2) Applicability
(a) Unless specifically exempted in § 154.03(F)(3), no construction or expansion of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.
(b) The demolition of a structure, or portion of a structure, shall not require site plan approval but may be subject to a demolition permit review and approval in accordance with § 94.29 of the Tipp City Code of Ordinances. The demolition or moving of a structure within the Restoration District shall also be subject to § 154.05(C)(7).
(i) Any site plan where the applicant has submitted an alternative equivalency compliance application for the same development and where such development is not located in the RA district; or
(ii) Any site plan where the proposed building or structure will have more than 50,000 gross square feet of floor area.
(d) The Zoning Administrator shall have the authority to forward a site plan application to the Planning Board for review pursuant to § 154.03(F)(6) if the Zoning Administrator finds:
(i) That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use or development; or
(ii) There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.
(3) Exemptions
The following shall be exempted from site plan review:
(a) Single-family and two-family dwellings;
(b) The internal construction or change in floor area of a building or structure that does not increase 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 Section 154.06: Accessory and Temporary Use Regulations.
(4) Initiation
An application for site plan review may be initiated by the property owner or other person with authority to file an application pursuant § 154.03(B)(1).
(5) Site Plan Review Procedure by the Zoning Administrator
The review procedure for a site plan subject to review by the Zoning Administrator shall be as follows:
(a) Step 1 - Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(b) Step 2 - Zoning Administrator Review and Decision
(i) The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the proposed site plan application.
(ii) Within 30 days after the site plan review application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve the application, deny the application, or forward the application to the Planning Board for review in accordance with § 154.03(F)(6).
(iii) Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. The application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator.
(c) Step 3 - Zoning Permit Application
Following the formal approval of the site plan, the applicant may immediately submit an application for a zoning permit approval as established in § 154.03(H).
(6) Site Plan Review Procedure by the Planning Board
The review procedure for a site plan subject to review by the Planning Board shall be as follows:
(a) Step 1 - Pre-application Conference (Optional)
(i) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed site plan.
(ii) The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information according to the established deadlines of the Planning Board's next meeting.
(iii) The purpose of the pre-application conference shall be to review the draft site plan with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the draft site plan and this code.
(b) Step 2 - Site Plan Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(c) Step 3 - Staff Review and Staff Report
(i) Upon determination that a site plan review application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public meeting or public hearing, as applicable.
(ii) Prior to the Planning Board meeting for the site plan review, the Zoning Administrator shall review the application and prepare a staff report.
(d) Step 4 - Planning Board Review and Decision
(i) The Planning Board shall review the site plan application during a public meeting or public hearing, as applicable. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.
(ii) The Planning Board may review any related alternative equivalent compliance applications simultaneously with the site plan review application.
(iii) Notification of the meeting shall be provided in accordance with § 154.03(B)(7).
(iv) Within 60 days after the site plan review application is determined to be complete, the Planning Board shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Planning Board may approve, approve with modifications, or deny the application.
(v) The site plan review application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator that will illustrate the development as approved by the Planning Board including any approved changes or modifications.
(e) Step 3 - Zoning Permit Application
Following the formal approval of the site plan if applicable, the applicant may immediately submit an application for a zoning permit approval as established in § 154.03(H).
(7) Approval Criteria
Decisions on site plan review applications shall be based on consideration of the following criteria:
(a) That the proposed development is consistent with all the requirements of this code and other related codes and ordinances enforced by the city;
(b) That the proposed development is in compliance with the applicable base zoning district and any applicable overlay districts;
(c) That the proposed development complies with any established standards or requirements in the approved comprehensive plan or thoroughfare plan; and
(d) That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, special use approvals, variance approvals, etc.).
(8) Time Limit
(a) The applicant shall submit a completed application for a zoning permit within 1 year of the date the site plan was approved or the site plan approval shall expire. The date of approval shall be the date the Zoning Administrator approves the site plan or, if approved with modifications, the date on which the applicant submits a revised plan the Zoning Administrator determines is in compliance with their decision and this code.
(b) 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.
(c) Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(d) The Zoning Administrator or Planning Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.
(9) Amendments of a Site Plan after Approval
(a) The Zoning Administrator shall have the authority to review and make decisions on amendments to an approved site plan under the same review procedure as established in § 154.03(F)(5).
(b) If the approved site plan contains an alternative equivalent compliance approval, the amendment shall be reviewed by the Planning Board in accordance with § 154.03(F)(6) unless the Zoning Administrator determines that the proposed amendment will not affect the alternative equivalent compliance approval or related conditions. In such cases, the Zoning Administrator may review and decide on amendments as specified above.
(10) Appeals
Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator or Planning Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014)