(a) In all commercial and industrial developments, including erections, constructions, remodelings or structural alterations, all persons undertaking the same as owner or primary contractor shall secure, in addition to a State building permit, a City zoning certificate to be issued by the Building Inspector. The primary purpose for such zoning certificates within commercial and industrial areas shall be to ensure the City that such development and land improvements comply with lawful enactments governing permitted land usages and site location regulations, including, but not limited to, size and area of rear yards, side yards and front yards, parking highway setbacks, sidewalks, utility locations, driveways and accessways, curb cuts, screenings, etc., as established by Council, and to prevent mistakes and misunderstandings based upon the issuance of a State building permit which does not address itself to lawful local requirements.
(b) All applicants for zoning certificates shall first apply for site plan approval from the Planning Commission according to the following procedures, requirements and standards:
(1) Intent.
A. It is the intent of this procedure to provide an opportunity for the Planning Commission to review the proposed use of a site in relation to drainage, pedestrian and vehicular circulation, off-street parking, public and private utilities, landscaping, access for vehicles (including ambulances and fire-fighting equipment) and other site design elements which may have an adverse effect upon the public health, safety and general welfare, as well as to provide for the best interests of the property owner.
B. Site development plans for proposed projects shall be submitted to and reviewed by the Planning Commission in two stages:
1. Pre-application procedure;
2. Submission of site development plans and building elevations of the proposed building.
(Ord. 90-11. Passed 3-19-90.)
(2) Review and approval of plans.
A. No zoning certificates shall be issued and no building shall be permitted upon land within a B-1, B-2, B-3, B-4, I-1, I-2, I-U or FP District, or any commercial or industrial development within a Residential District, until the site development plans have been approved by the Planning Commission. Prior to the granting of the zoning certificate, the Building Inspector shall receive from the Planning Commission a signed copy of the approved final site development and building plans.
(Ord. 2017-44. Passed 11-6-17.)
B. The Planning Commission may approve the plans as submitted, amend or disapprove the plans. The Commission may impose such reasonable conditions as necessary upon its approval, including the recording of covenants.
C. The Secretary of the Planning Commission shall be notified at least ten working days preceding the regularly scheduled Planning Commission meeting by the developer of his or her intent to submit the site development plan and building plans.
D. The Commission shall review and take action upon the plans submitted within thirty days, or within such further time as the applicant may agree to. Upon completion of the review, the action of the Commission shall be noted on two copies of all submitted plans, referenced and attached to any condition determined necessary for approval, the copy shall be retained by the Commission and filed with the records of the City, and the other returned to the applicant.
E. Upon approval of the submitted plans, the signature of the Chairman of the Planning Commission or the Secretary shall be affixed to all documents. A zoning certificate may then be issued. If the Commission determines that a plan should be disapproved and that a zoning certificate cannot be issued, the Commission shall forthwith spread upon its records the reasons for such determination and shall transmit to the applicant an attested copy of the reasons and recommendations thereon.
F. Approval of plans shall be conditional upon compliance with all other applicable statutes, ordinances, resolutions and regulations of the City and State of Ohio.
G. Prior to approval of plans, the Planning Commission shall request, in writing, a review of the proposed plan by the City Engineer, Utilities Director, Service Director and Safety Director.
(3) Scope of zoning certificate. Zoning certificates issued on the basis of submitted material, including site development plans, authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and any other use, arrangements or construction, at variance with that authorized, shall be deemed a violation of this chapter, punishable as provided in Section 1242.99. When any of the terms, conditions or restrictions upon which approval was granted are not being followed, the Planning Commission may rescind and revoke such approval.
(4) Preapplication procedure.
A. The applicant shall meet with the Planning Commission prior to the submission of the site development plans. The purposes of this meeting are to discuss early and informally the intent and effect of these regulations and the criteria and standards contained in the applicable zoning district regulation.
Generalized conceptual plans in sketch form may be submitted. They should indicate the types of units to be used; approximate location of all buildings; type and location of parking facilities; access points and location of public and private streets; and location type and approximate acreage of all open spaces.
B. The Planning Commission shall discuss with the developer the changes, if any, that will be required and the procedure for submitting the site development plan. The Commission's approval of this stage should indicate a general willingness to approve the proposed development in principle, if the applicant meets the necessary requirements contained in the applicable district regulations and any and all additional requirements and conditions imposed by the Commission.
(5) Submission of site development plans.
A. After the preapplication procedure, the applicant shall submit site development plans to the Planning Commission. These plans shall conform with all requirements set forth herein. Five copies of the plans shall be submitted.
B. The following shall be submitted on one or more drawings as needed:
1. Survey plat. The survey plat shall be prepared by an engineer or surveyor registered in the State of Ohio and must be affixed with the registration seal of such surveyor. The survey plat shall contain the following information:
a. A vicinity map drawn to scale showing the location of the project within the City, dedicated streets, easements, proposed lots and the location of the perimeter boundary of the area included in the application;
b. A boundary survey or boundary map containing a point of reference to a permanent monument or the centerline intersection of two public street rights of way, showing the dimensions and bearings of the property lines, site acreage, a legal description of the property and proposed stages;
c. A topographic survey of all land within the proposed development showing two-foot contours or less as required by the Planning Commission in order to delineate the character of land within the proposed project;
d. Drawings indicating all significant features of the site, including wooded areas, existing buildings and structures, dedicated streets and ways, utility lines and easements, water and sewer lines, watercourses and drainage channels, significant historic structures and similar land features;
e. The name, address and telephone number of the surveyor making the survey and the date of the survey.
2. Site development plans. The site development plans shall be prepared by a professional engineer or architect registered in the State of Ohio and shall be affixed with the registration seal of such a professional. The site development plan shall contain the following information:
a. The name of the development and the name, address and telephone number of the property owner, the developer and the engineer, architect or landscape architect and other individuals assisting in the preparation of the site plans; the date, north point and scale;
b. The zoning classification of the site and surrounding properties;
c. The location and use of all proposed buildings, indicating height, setback lines and yard areas;
d. The proposed general grading and/or other methods to be used for adequate drainage control;
e. The location, use and acreage of all required open spaces and access thereto;
f. Pedestrian circulation features, including walks and adjoining paved areas for pedestrian use;
g. The location of all public and private streets, the width of rights of way, types and widths of pavements, and the approximate location of all permanent accesses from publicly dedicated streets, roads or highways;
h. The location and types of surfaces of all parking areas and loading areas, and the number of parking spaces;
i. Proposed sanitary sewers, storm sewers and central water utilities, showing their connections with the existing system;
j. A general landscaping plan, showing all existing trees to be retained and indicating all proposed plantings and walls, fences, paved areas, and similar structures and buffer zones;
k. The location, height, orientation and square footage of free-standing signs.
(6) Stage development. Stage development may be accomplished with the approval of the Planning Commission.
(7) General requirements.
A. Amendments to the final plans may be sought by the applicant in accordance with the procedure required by this section for original approval subject to the same limitations and requirements as those under which such plans were originally approved.
B. In the exercise of continuing jurisdiction, the Planning Commission may, from time to time, modify the approved final plans to allow for changed circumstances and conditions unforeseen at the time of the original approval.
C. Approval by the Commission shall expire after a period of two years from the date of approval of the final plans.
D. When such development consists of exterior or interior remodeling without the changing of buildings or setbacks, the Planning Commission shall not become involved. In such cases, the matter of issuance of zoning certificates shall become an administrative matter delegated to the Administrative Officer (Building Inspector) who shall make a final determination as to whether or not to issue a zoning certificate according to the terms and conditions of this section.
(8) Fees In order to reasonably defray the administrative services rendered by the City, a fee for zoning certificates shall be charged with the fee schedule as determined by City Council.
(Ord. 90-11. Passed 3-19-90.)