(a) Purpose. The "DR-O" Downtown/Riverfront Overlay District is designed to promote revitalization of Downtown Troy and nearby riverfront areas by providing an optional alternative to the regulations of the various underlying conventional Zoning Districts in this overlay district area. It is intended to permit alteration and adaptive reuse of existing buildings, and redevelopment of vacant lands, in accordance with a coordinated plan which can be designed with greater flexibility, and consequently, more creative and imaginative redevelopment of this closely built and oldest area of Troy. The DR-O boundaries are as follows:
Situate in the State of Ohio, County of Miami, and the City of Troy, and more particularly described as follows:
Beginning at a point in the centerline of Harrison Street which intersects with the City of Troy Corporation Line, hereafter referred to as "Corporation Line", which marks the PLACE OF BEGINNING of the Overlay District herein described;
Thence following and along with Corporation Line, Easterly, crossing County Road 25-A and continuing to the Western bank of the Great Miami River;
Thence continuing with the Corporation Line crossing the Great Miami River and proceeding Easterly to the centerline of Riverside Drive;
Thence with the centerline of Riverside Drive in a Southeasterly direction to the intersection with Adams Street and Staunton Road;
Thence Easterly with the centerline of Staunton Road, crossing North Market Street to the intersection with the CSX Railroad;
Thence with the CSX Railroad Southwesterly to the Southwest corner of property owned by the City of Troy, Water Treatment Plant;
Thence Easterly, with the Southern boundary of a tract of land owned by the City of Troy, Water Treatment Plant, to the Northwest corner of an 8.63 acre tract owned by the Miami Conservancy District;
Thence with the Western property line of said 8.63 acre tract to the Southwest corner of said tract;
Thence continuing with the Southern Boundary of said 8.63 acre tract to the Southeast corner of said tract:
Thence proceeding South across the former river channel of the Great Miami River to the Northeast corner of an 8.8 acre tract owned by the City of Troy Board of Park Commissioners, said tract contains the club house of Miami Shores Golf Course;
Thence with the East property line of said 8.8 acre tract to the North bank of the Great Miami River;
Thence with the North bank of the Great Miami river Southeasterly to the centerline of East Main Street (State Route 41) located at the East end of the Broadford Bridge;
Thence Northwesterly with the centerline of East Main Street to the Northeastern property corner of Inlot 6219;
Thence Southwesterly with the Eastern property line of Inlot 6219 to the Southeast corner of said Inlot 6219;
Thence Northwesterly with the Southern boundaries of the following Inlots, 6220, 6221, 6222 and 6223, to the Eastern property line of Inlot 6165;
Thence with the Eastern property line of Inlot 6165 in a Southwesterly direction to the Southeast corner of said Inlot 6165;
Thence along the Southern property line of Inlot 6165 extended in a Northwesterly direction to the center of Floral Avenue;
Thence with the centerline of Floral Avenue in a Southwesterly direction to its intersection with the Southern property line of Inlot 3203 extended;
Thence Northwesterly with the Southern boundaries of the following Inlots, 3203, 3202, 3201 and 3200, to the centerline of Scott Street;
Thence Northeasterly with the centerline of Scott Street to its intersection with the Southern boundary of Inlot 3199 extended;
Thence in a Northwesterly direction with the Southern boundary of Inlot 3199 and continuing Northwestward along the Southern boundary of Inlot 3108 extended to the centerline of Morehead Street;
Thence Southwesterly along the centerline of Morehead Street to its intersection with the Southern boundary of Inlots 1462/1463 extended;
Thence Northwesterly with the Southern boundaries of the following Inlots, 1462/1463, 1461, 1460, 1459 and 1458, extended to the centerline of Ellis Street;
Thence continuing Northwesterly, crossing Ellis Street, with the Southern boundaries of the following Inlots, 1544, 1545, 1546, 1547, 1548 and 1549, to the centerline of Williams Street;
Thence Northwesterly to the Southeast corner of Inlot 4441 and following with the Southern boundary lines of Inlots 4441 and Inlot 4440 to the Southwestern corner of Inlot 4440;
Thence continuing Northwesterly with the Western property line of Inlot 4440 to the Southeasterly corner of Inlot 4439;
Thence Northwesterly with the Southern property line of Inlot 4439, crossing Frank Street to the Southeast corner of Inlot 677;
Thence Northwesterly with the Southern property line of Inlot 677 to its intersection with the Eastern property line of Inlot 676;
Thence with the Eastern property line of Inlot 676 in a Southwesterly direction to the Southeast corner of said Inlot 676;
Thence Northwesterly with the Southern property lines of Inlots 676, 675 and Inlot 674 to the Southwest corner of Inlot 674;
Thence Northeasterly with the Western property line of Inlot 674 to the Southeast corner of Inlot 673;
Thence Northwesterly with the Southern property line of Inlot 673 to the centerline of Counts Street;
Thence Southwesterly with the centerline of Counts Street to its intersection with the Southern property line of Inlot 672 extended;
Thence Northwesterly with the Southern property lines of Inlots 672, 671, 670, and 669, proceeding to the Southwest corner of Inlot 668;
Thence Northeasterly along the Western property line of Inlot 668 to the Southeast corner of Inlot 667;
Thence Northwesterly with the Southern property line of Inlot 667, continuing across Oak Street to the Southeast corner of Inlot 8443;
Thence Northwesterly with the Southern property lines of Inlots 8443 and 8442 to an interior corner of Inlot 8442;
Thence Southwesterly with the Eastern property line of Inlot 8442 to the Southeast corner of said Inlot;
Thence continuing Southwesterly crossing an alley to the Northeastern corner of Inlot 194;
Thence continuing Southwesterly with the Western property line of Inlots 194;
Thence continuing Southwesterly and crossing Race Drive to the Eastern corner of Inlot 2391, which point lies on the Western side of an unnamed alley;
Thence continuing Southwesterly along the Eastern property lines of Inlots 2391, 2392, 2393, 2394, 2395, 2396 to the southeast corner of Inlot 2397;
Thence with the Southern property line of Inlot 2397 in a Northwesterly direction to the centerline of Union Street;
Thence Southwesterly with the centerline of South Union Street to the intersection of East West Street;
Thence West with the centerline of East West Street crossing the main line track of the CSX Railroad to the Northeast corner of Inlot 1256:
Thence in a Southeasterly direction along the Eastern property line of Inlot 1256 to the Southeast corner of said Inlot 1256;
Thence West with the Southern property lines of Inlots 1256, 1255, 1254 and crossing South Crawford Street to the Southeast corner of Inlot 6517;
Thence West with the South property line of Inlot 6517 to the centerline of south Clay Street;
Thence North with the centerline of Clay Street to its intersection with the South property line of Part Inlot 1167, also known as 604 South Clay Street;
Thence West along the South property line of Part Inlots 1167, 1166 and 1165 also known as 604 South Clay Street, to the Southwest corner of property know as 604 South Clay Street;
Thence West from the southwest corner of 604 South Clay Street, crossing an unnamed alley and continuing West along the South property line of 703 South Mulberry Street, which the 703 address contains Part Inlots 1165, 1164 and 1163 to the Southwest corner of said 703 South Mulberry Street;
Thence continuing West crossing South Mulberry Street to the Southeast corner of property known as 704 South Mulberry Street;
Thence West with the South property line of 704 South Mulberry Street property, which address contains Part Inlots 2092 and 2091, to the southwest corner of the property know as 704 South Mulberry Street;
Thence South along the east property line of Inlot 2090 to the Southeast corner of said Inlot 2090;
Thence continuing West to the center of Walnut Street;
Thence West along the South property lines of Inlot 2090 and Inlot 916 to the southwest corner of Inlot 916;
Thence with the centerline of Walnut Street, South to its intersection with the South property line of Part Inlot 914;
Thence West with the North line of an unnamed 10 foot wide alley, same being the South property line of Part Inlot 914, Inlot 7220, Part Inlot 913, Part 912 to the Southwest corner of Part Inlot 912, same being known as 12 East West Street;
Thence North with the West property line of property know as 12 East West Street to the Southeast corner of Part Inlot 911, same being known as 6 East West Street;
Thence West with the South property line of property known as 6 East West Street to the Southwest corner of said property;
Thence North with the West property line of 6 East West Street to the Southeast corner of 2 East West Street being Inlot 10315;
Thence West with the South property line of Inlot 10315, proceeding to the centerline of Maple Street;
Thence North with the centerline of Maple Street to its intersection with East West Street and South and West Market Streets;
Thence Southwest with the centerline of West Market Street to its intersection with Peters Avenue;
Thence Southwest with the centerline of Peters Avenue to the Southeast corner of Part Outlot 105, also known as 126 West Market Street;
Thence Southwest with the South property line of 126 West Market Street to the Southwest corner of said property:
Thence North with the west property line of 126 West Market Street to the Southeast corner of Inlot 4436;
Thence West with the South property lines of Inlots 4436, 4435, 4434, 4435, 8338, 8337, 1314, 1306, 1305, crossing an unnamed alley, continuing West along the South property lines of Inlots 1304, 1303, 1302, 1301, crossing an unnamed alley, continuing West along the south property lines of Part Outlot 167 (comprising of property known as 402 West Market, 408 West Market, 412 West Market and 414 West Market) to the East property line of Part Outlot 166 also known as 424 West Market;
Thence Southwesterly along property know as 424 West Market Street to the Southeast corner of said property;
Thence West with the South property lines of 424 West Market Street and 426 West Market Street (Part of Outlot 166) to the Southwest corner of property known as 426 West Market Street;
Thence Northwesterly along the West property line of 426 West Market Street to the Southeast corner of 428 West Market Street (Part Outlot 166);
Thence West with the South property lines of 428 West Market Street and 434 West Market Street, proceeding to the centerline of Vornholt Street;
Thence North with the centerline of Vornholt Street to Southeast corner of Inlot 2376;
Thence West with the South property lines of Inlot 2376, Inlot 2377 and along the South boundary of an unclaimed 8 foot wide parcel (unnamed access) to the East property line of Inlot 3080;
Thence South along the East property line of Inlot 3080, 516 West Market Street to the Southeast corner of said tract;
Thence West along the South property line of Inlot 3080, comprising of 516 and 520 West Market Street addresses, to the Southwest corner of said Inlot 3080;
Thence Northwesterly along the West property line of Inlot 3080 to the Southeast corner of Inlot 3079;
Thence West along the South property lines of Inlots 3079 and Inlot 3078, continuing to the centerline of South Ridge Avenue;
Thence Northerly with the centerline of South Ridge Avenue crossing West Market Street and continuing Northerly to the intersection of Drury Lane;
Thence East with the centerline of Drury Lane, crossing Madison Street, to the CSX Branch Line Railroad (spur line to the grain elevator north of the City of Troy);
Thence Northerly with the CSX Branch Line Railroad to its intersection with West Main Street;
Thence Southeasterly with the centerline of West Main Street to the intersection of Cedar Street;
Thence Northeasterly with the centerline of Cedar Street to the intersection of West Water Street;
Thence Northwesterly with the centerline of West Water Street to the intersection of Harrison Street;
Thence Northerly with the centerline of Harrison Street to its intersection with the Corporation Line of the City of Troy, same being the PLACE OF BEGINNING of this description.
The above described tract contains approximately 750 acres more or less.
(b) Intent. It is not the intent of this section to require an additional review process for adaptive reuse, renovation, remodeling, or additions to existing buildings when those proposed alterations can conform to the underlying zoning district's conventional standards and requirements. It is the intent of this section that the Downtown/Riverfront site plan review process be applied only in situations where the conventional zoning requirements are inappropriate or unduly restrictive. In many situations, those conventional zoning restrictions will fully satisfy the objectives of the Comprehensive Plan. Therefore, whether or not to grant DR-O site plan approval is within the sound discretion of the Planning Commission. However, any requested departure from the conventional zoning district standards shall require site plan review through the DR-O process.
(c) Objectives. The DR-O site plan review process is intended to permit, in carefully designed site redevelopment projects, a variety of uses that can complement the existing neighborhood development pattern, and to permit the flexible spacing of lots and buildings, the adaptive reuse and preservation of existing structures, the conservation of natural features of the landscape, and the provision of accessible and enjoyable open spaces to promote the preservation, improvement, and revitalization of Downtown Troy.
(d) Effect on Other Regulations. The DR-O site plan review process shall not supplant or waive any requirement, review, or permit process of any other governmental regulations or the standards of the Wellfield Protection, Floodplain, Historic Preservation, or Historic Landmark Overlay Zoning Districts.
(e) Future Effect of Site Plan Approval. The landowner who applies for this DR-O site plan review process is voluntarily agreeing to exchange the fixed requirements and privileges of conventional zoning for the opportunity to negotiate different requirements and privileges, subject to approval by the Planning Commission pursuant to the procedures set forth herein. In addition to the authority and duties expressly set forth in this Section, the Planning Commission shall have the continuing authority to review, and to approve or deny any further changes in buildings, grounds, easements, covenants, restrictions, and land uses to the approved site redevelopment plan, to assure that the development originally approved is not negatively affected by such changes.
(f) Permitted Uses. In addition to the Permitted, Accessory, and Temporary Uses allowed by a site's underlying conventional zoning district, DR-O site plan approval may allow for other residential, office, retail, industrial, entertainment, and similar uses which at the discretion of the Planning Commission and/or City Council that are compatible with the site redevelopment plan, and complementary to the uses in the existing immediate neighborhood.
(g) Bulk Regulations. Recognizing the long-existing mix of small and large lots in the Downtown Troy area and notwithstanding the requirements of the underlying conventional zoning districts, the Planning Commission and/or City Council may approve a DR-O site redevelopment plan as follows:
(1) Minimum lot size and dimensions less than required by the underlying conventional zoning district.
(2) Maximum building lot coverage of one-hundred (100) percent for all areas under roof.
(3) Maximum lot coverage of one-hundred (100) percent, including buildings, paved areas, and similar constructed elements.
(4) Maximum structure height exceeding the underlying zoning district regulations may be allowable by the Planning Commission and/or City Council if such height is compatible with the existing structures in the immediate vicinity.
(5) No minimum front yard and no minimum corner side yard requirements, except if such a yard is provided it shall have a minimum dimension of five (5) feet. Cornices, doors, windows, awnings, signs, canopies, and other similar projections shall not extend over any public right-of-way, unless separate street use approval is obtained from City Council.
(6) Minimum side yard of five (5) feet, unless adequate provision, acceptable to the Planning Commission and/or City Council, is made for future maintenance, such as a party wall, cross easements, etc.
(7) No minimum rear yard, if adequate provision, acceptable to the Planning Commission and/or City Council, is made for future maintenance (a party wall, cross easements, etc.) a minimum space of five (5) feet shall be provided if a wall contains doors and is adjacent to a public alley or other public right-of-way. If such a door is used for automobiles, adequate space and sight distances shall be provided for safe vehicle movement onto the right-of-way.
(8) Requirements for transitional yards and landscape buffers between zoning districts may be reduced by the Planning Commission and/or City Council when the site redevelopment includes alternate protections for neighboring residential uses of differing intensity.
(h) Off-Street Parking Regulations. Recognizing the differing on-street parking conditions in various parts of Downtown Troy, site redevelopment plans shall include an analysis of the immediate area, projection of the parking needs of the proposed redevelopment, and a calculation of the parking impact of the proposed uses in accordance with the standards of Chapter 1155. Notwithstanding any available exemptions in the underlying conventional zoning district requirements, such as in the B-3 Zoning District, the Planning Commission and/or City Council may require off-street parking to be provided commensurate with the findings of this site-specific analysis.
(i) Off-Street Loading Area Regulations. Recognizing the difficulty of on-street goods delivery in Downtown Troy, site redevelopment plans shall include an analysis of the trucking and delivery needs of the proposed uses in a site redevelopment plan. The Planning Commission and/or City Council may require additional parking and/or truck loading areas in accordance with the standards of Chapter 1153 of the Troy Codified Ordinance.
(j) Signage. All signage shall comply with Chapter 749 of the Codified Ordinances of the City of Troy, Ohio. The Planning Commission and/or City Council may consider more or less stringent signage requirements based upon the development while considering requirements from other sections of the Codified Ordinances of Troy, Ohio.
(k) Landscaping Regulations.
(1) All open areas not occupied by buildings, storage, parking, access driveways or loading areas shall be suitably graded, drained, seeded or sodded, and maintained as a grass lawn (unless landscaped with trees, shrubbery, and garden plants).
(2) All required transitional yards shall be landscaped with appropriate buffer materials to provide visual separation from adjacent residential areas. These may include, but are not limited to topographical features, earthen berms, evergreen trees, shrubbery, fencing, stormwater detention/retention basins, or combinations thereof, to be submitted to and reviewed for approval by the Planning Commission and/or City Council as part of the development plan.
(4) All other lawn areas shall be landscaped with a sufficient number of suitable trees and shrubs so as to provide an attractive setting for the building(s).
(5) Landscaping elements shall be maintained in appropriate condition for their type and shall be replaced when they die or if their growth is stunted so as to not effectively perform their screening and/or ornamental functions.
(l) Open Space Preservation and Development. One of the purposes of these regulations is to encourage the preservation of natural watercourses and wooded areas, and the attractive development of lawn areas for human enjoyment. With creative planning, often involving the clustering of buildings, these purposes can be very compatible with the developer's desire to achieve an unusually attractive and functional project at a reasonable cost. The City seeks to be a creative partner in achieving these mutual goals.
(m) Pedestrian, Bicycle Circulation. A well designed pedestrian and bicycle circulation system is essential and should be separated as completely and as reasonably as possible from the vehicular street system in order to provide pedestrian and bicycle safety and freedom of vehicular movement. This system shall be designed to serve the pedestrian and bicycle needs of surrounding neighborhoods as well as the development.
(n) Underground Utilities Required. Unless otherwise deemed by the Planning Commission and/or City Council, each development that is primarily non-manufacturing in character shall provide for uniform underground installation of utilities, including, for example, electricity, telephone, and cable television. In developments that are primarily manufacturing in character, utilities shall be installed as approved by the City. Utility installation and maintenance of facilities shall be in accordance with the requirements and regulations of the City and of the utility authority having the right of installation and maintenance. A development shall not be approved unless adequate assurance is given that adequate public or central water and sanitary sewers will be available at the first occupancy.
(o) Erosion and Sedimentation Control. Unless otherwise approved by the Planning Commission and/or City Council, all developments shall also comply with the regulations contained in Chapter 1125 and sedimentation controls shall be planned and applied according to the following principles:
(1) The smallest practical area of land should be exposed at any one time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(4) Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
(5) Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(6) Permanent final vegetation and structures shall be installed as soon as practical in the development.
(7) The development shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected. Developments must conform to Chapter 741 of the Codified Ordinances of Troy, Ohio.
(p) Plan Review Procedures.
(1) Site Plan Review Required.
A. To obtain information regarding the DR-O approval process, requirements, and other information relative to a zoning application, each applicant is highly encouraged to engage in informal consultations with City staff prior to filing an application. The applicant should be prepared to discuss the general concept of the development, with a conceptual plan. Thereafter, City staff should furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his or her preparation of the components of the DR-O zoning application. It is not required that a person requesting a pre-application conference be a legal owner or holder of an equitable interest in the subject property. No statement or representation by a member of the staff shall be binding upon the Planning Commission and/or City Council.
B. No Zoning Certificate or Occupancy Certificate shall be issued for construction, alteration, enlargement, or change of use of any building or structure utilizing the standards and alternate requirements of the Downtown/Riverfront Overlay District until the approval of the Planning Commission as set forth herein is obtained for the specific site redevelopment and/or use plan. The Planning Commission and/or City Council review shall not be required for a change in the operator of the business or a change of owner or occupant, provided the change does not include a change in use of any parts of the grounds and/or building.
C. The plan submitted for the Planning Commission and/or City Council review shall include all of the following:
1. A complete description, in narrative form, of all uses proposed for the property, including expected employment levels, shift operating times, estimated frequency and volume of truck movements, the number and type of vehicles to be kept on the property for use in operations, a description of materials and general processes to be utilized, and all other pertinent facts relating to the proposed operation that are necessary to provide a true and complete understanding of the proposed use.
2. A complete site plan, including locations, sizes and descriptions of all ground surfaces, impervious surfaces such as paving, buildings, and all other structures. The site plan shall also provide locations and details for all proposed and existing landscaping, utility connections and sizes, fire protection systems and access, details of exterior lighting fixtures and proposed illumination levels throughout the grounds, and details of other accessory uses and/or accessory structures on the grounds including but not limited to stormwater management facilities, trash enclosures, fences, and signs.
3. A complete floor plan of the proposed and/or existing buildings and structures, showing the sizes and proposed specific uses of all rooms and areas; and showing the location and sizes of all windows, doors, and other openings in the walls.
4. Complete elevation views of all exterior sides of all buildings and structures, showing details of construction and materials, windows and doors, exterior lighting fixtures, exterior equipment details and locations, all signs, and other details of exterior construction and proposed usage.
5. Complete roof plans, showing its design and materials, and including the locations and details of any rooftop equipment, including, but not limited to process equipment, HVAC equipment, chimneys, and access or elevator enclosures.
6. The Zoning Administrator may require the plan to be prepared and signed by a registered architect, engineer, surveyor or other licensed professional.
7. The Planning Commission and/or City Council shall review any proposed declaration of restrictions and covenants.
8. Any other information deemed necessary by the Planning Commission and/or City Council for it to complete its review of a submitted plan, including written permission from other governing entities as deemed appropriate.
D. In performing its review, the Planning Commission and/or City Council may request from the applicant any additional information (such as parking and traffic impact studies) it determines necessary to approve a plan. If a plan is not approved within ninety (90) days after its submittal, it shall be deemed denied, unless an extension is approved by the Planning Commission and/or City Council.
E. Any requested modification of an approved site redevelopment plan including the declaration of restrictions and covenants shall be submitted to the Planning Commission and/or City Council for review and its approval shall be obtained prior to the change being made.
F. Either a zoning certificate holder or the Zoning Administrator may request the Planning Commission and/or City Council review of the Zoning Administrator's interpretation of the requirements of an approved site redevelopment plan.
(2) Architectural Design Requirements for Exterior Building Elevations:
A. The architectural design for all buildings shall be such that the design, materials, massing, shape, and scale of all new or modified principal and accessory structures shall create a unified design on the premises and shall be visually compatible with existing buildings in the vicinity.
B. The architectural design for all structures shall provide for similar siding materials on all sides, rather than creating a front elevation with high quality materials and significantly different materials on the sides and rear, unless specifically approved upon review by the Planning Commission and/or City Council.
C. Accessory elements of the building design, such as dock walls, trash enclosures, and similar appendages, shall be constructed of the same materials as the principal building, unless specifically approved upon review by the Planning Commission and/or City Council.
D. All building equipment, including but not limited to electrical transformers, air conditioning, air handling, and dust control equipment, shall be screened from view with materials consistent with the building materials and design. Such equipment shall be located in areas where noise exposure to adjacent residential zoning district is reduced.
E. Building walls, parapets, and/or roof systems shall be designed to conceal all roof-mounted mechanical equipment from view from adjacent properties and/or public rights-of-way.
F. Building signs and freestanding signs shall be designed to complement the architectural design of the building and grounds.
(3) Engineering Design of the Grounds:
A. All areas of the grounds shall be included in a stormwater management system designed to prevent an increase in stormwater runoff onto adjacent properties. The stormwater management plan, calculations and design details shall be submitted for review and approval shall be obtained from the City Engineer prior to review by the Planning Commission and/or City Council.
B. The stormwater management plan shall also include an analysis of existing stormwater drainage patterns and any "pass-through" over the lot being developed.
C. The site development plan and the stormwater management plan shall provide details of any flood hazard areas identified by the Federal Emergency Management Agency (FEMA), including details of base flood elevations and proposed or existing building floor elevations.
D. Public utility connections including but not limited to water, sanitary sewers, natural gas, electric power, telephone and broadband communication service shall be located so as to provide convenience during maintenance procedures and approval of the size, materials, and location shall be obtained from the appropriate public utility agency prior to review by the Planning Commission and/or City Council.
E. The number of driveways shall be limited as much as possible and the location of all driveways shall be designed to reduce the incidence of conflicting left turns, cut- through traffic, internal circulation conflicts, and adverse impacts on adjacent properties and uses. The location of driveway intersections with public rights-of way shall be submitted for review by the City Engineer, whose approval shall be obtained prior to review by the Planning Commission and/or City Council. The City Engineer may request the applicant to provide an additional traffic study of an appropriate level, if needed to complete the review of traffic circulation or traffic impacts.
F. Truck docks and truck maneuvering areas shall not be located on the building sides that face adjacent residential zoning districts.
G. Approval of the proposed site redevelopment plan and any required fire connections or fire lanes shall be obtained from the Fire Chief or designee prior to review by the Planning Commission and/or City Council.
H. Paved pedestrian access paths or yard walks shall be provided to connect to public sidewalks (if available) and to connect between building access doors and parking areas, so as to eliminate pedestrian use of landscaped areas or pedestrian conflict with vehicular driveways.
I. No unenclosed outdoor storage shall be permitted.
J. The City Engineer and/or the Planning Commission and/or City Council may require that off-site improvements be provided by the applicant, depending on the scope of the development.
(4) The Planning Commission and/or City Council shall not be required to hear any application which substantively covers a matter on which it has ruled within the preceding six (6) months.
(q) Plan Review Process.
(1) The Zoning Administrator shall first review each application for compliance with all requirements of this Zoning Code and other pertinent sections of the Codified Ordinances of the City of Troy, Ohio. If the application is found to be in compliance with the underlying zoning district the permit shall be issued. If the Zoning Administrator finds the application does not comply with the requirements of the underlying zoning district, the Zoning Administrator shall deny the application. An application for development within the DR-O may be submitted within twenty days after the denial letter is issued by the Zoning Administrator. The Zoning Administrator shall refer the DR-O application and all related materials to the Planning Commission at the next scheduled meeting for review pursuant to this Section.
a. The Planning Commission may review but shall not take action at the first meeting the DR-O application appears on an agenda of the Planning Commission. After the DR-O application has been received, the Planning Commission secretary will provide written notice at a minimum of five (5) business days before the second scheduled meeting of the Planning Commission to owners of property abutting the applicant's property and owners of property directly across any street or alley, as they appear on the application. Any party in interest may appear and be heard at the hearing in person or by agent. The proposed development together with such maps which are a part of or referred to in the text of the proposed development, together with the report of the Planning Commission shall be on file with the secretary of the Planning Commission.
b. After the proposed development has been introduced to the Planning Commission and the notices have been mailed out by the secretary of the Planning Commission, the Planning Commission may take the following action at the next scheduled meeting upon review of the application: approve, modify or disapprove those items listed as modifications.
c. The Planning Commission shall review all applications and shall grant, modify, or deny and/or recommend the granting, the denial, or modifications of such applications based upon the following criteria:
1. To prevent hazards to the health and safety of the public an of all occupants of improved real property.
2. To assure adequate light, air and convenience of access for all properties.
3. To promote the delivery of public services such as utilities, streets, refuse collection, emergency medical services, fire and police protection.
4. To provide for creatively designed single-use and mixed-use Planned Developments, and to preserve their character and vitality through ongoing regulatory supervision.
5. To assure, through an appropriate site plan review that the general, district and supplementary regulations of this Zoning Code are being followed in the design of each new site improvement or redevelopment.
6. To minimize adverse effects on traffic safety caused by development and certain land uses.
7. To minimize adverse effects on the environment resulting from development and certain land uses.
8. To facilitate the efficient and economical development and use of land and public facilities.
9. To allocate to each site development, rather than to the public, the maximum feasible portion of the infrastructure and operating costs which arise as a result of that development.
10. To fairly balance the interest of property owners and occupants in continuing their nonconforming land uses against the community interest in achieving full compliance with this Zoning Code.
11. To protect floodways and flood plains from development which increases the general risk of flooding or puts occupants of the development at risk.
12. To preserve and enhance property values.
13. To protect public and private water supplies, both in quality and quantity.
14. To promote the economic vitality of business and industry.
15. To direct particular land uses to the parcels of land best suited for them physically and in terms of access to highways and public services.
16. To enhance the predictability and profitability of private investments made in the City.
17. To continuously improve the aesthetic character of all parts of the City.
d. For all other applications, the Planning Commission shall make a formal recommendation to the City Council after a mandatory public hearing, regarding the application by filing the recommendation with the Clerk of Council. The Clerk of Council shall immediately forward the recommendation to the President of Council and City Council. In the event that the City Council takes no action within five business days of the filing of the Planning Commission's recommendation, the recommendation of the Planning Commission shall be adopted and become final. In the event City Council acts upon the recommendation of the Planning Commission, City Council shall act on the recommendation in accordance with Ohio Revised Code Section 713.12 and Chapter 1139 of this Zoning Code.
(Ord. 56-2018. Passed 12-17-18.)