Chap. 1101. General Provisions. Chap. 1103. Definitions. Chap. 1105. Administration, Enforcement and Penalty.
TITLE ONE - Subdivision Regulations 2
Chap. 1101. General Provisions. Chap. 1103. Definitions.
Chap. 1105. Administration, Enforcement and Penalty.
Chap. 1107. Boundary Line Adjustment and Minor Subdivisions. Chap. 1109. Subdivision Application Procedure and Appeal Process. Chap. 1111. Amendments.
Chap. 1113. Preliminary Plan and Final Plat Requirements. Chap. 1115. Required Improvements.
Chap. 1117. Bonds, Insurance, Fees and Inspection Process. Chap. 1130. Planning and Zoning Residential Standards.
Appendix A. Flow Chart of the Subdivision Review Process. Appendix B. Final Plat Wording.
Appendix C. Subdivider’s Agreement.
TITLE THREE - Zoning Administration 52
Chap. 1131. General Provisions. Chap. 1133. Definitions.
Chap. 1135. Administration, Enforcement and Penalty. Chap. 1137. Planning and Zoning Administrator.
Chap. 1139. Planning and Zoning Commission and Council. Chap. 1141. Site Development Plans.
Chap. 1143. Amendments. Chap. 1145. Conditional Uses. Chap. 1147. Variances.
Chap. 1149. Nonconforming Lots, Uses and Structures.
TITLE FIVE - Zoning Districts. 97
Chap. 1151. Districts Established.
Chap. 1153. General Zoning Regulations.
Chap. 1155. Limited Density Residential District. (R-1) Chap. 1157. Low Density Residential District. (R-3)
Chap. 1159. Optional Traditional Neighborhood Development Floating District. (TND) Chap. 1161. Old Town Zoning Districts.
Chap. 1163. Multi-Family Residential Districts.
Chap. 1165. Neighborhood Commercial District. (NC) Chap. 1167. General Commercial District. (GC)
Chap. 1169. Suburban Office and Institution Districts (SO) Chap. 1171. Limited Manufacturing District. (LM)
Chap. 1173. Planned Districts. (PRD, PCD, PID, PUD and PCND) Chap. 1175. Overlay Districts. (LC, LR, S-1 and S-2)
Chap. 1177. Floodplain District. (FP) Chap. 1179. Exceptional Use District. (EU)
TITLE SEVEN - Supplemental Zoning Regulations. 186
Chap. 1181. Special Provisions. (with amendment deleting 1181.06) Chap. 1183. Height, Area and Yard Modifications.
Chap. 1185. Off-Street Parking and Loading. Chap. 1187. Home Occupations.
Chap. | 1189. | Signs. |
Chap. | 1191. | Landscaping and Screening. |
Chap. | 1193. | Wireless Communication Facilities. |
Chap. | 1195. | Accessory Uses and Structures. |
Chap. | 1197. | Right-of-Way Use. |
Chap. | 1199. | Commercial Development Standards. |
APPENDICES
Appendix A Zoning Map Appendix B Text Amendments Appendix C Standard Drawings
CODIFIED ORDINANCES OF COMMERCIAL POINT
1101.01 TITLE.
(a) Title One of this Part Eleven - Planning and Zoning Code shall be known and may be designated and cited as "The Village of Commercial Point, Ohio, Subdivision Regulations", and heretofore may be referred to as the Subdivision Regulations.
(b) Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Title One as those governing the interpretation of the Ohio Revised Code.
1101.02 AUTHORITY.
This Chapter is adopted pursuant to the authority contained in the Ohio Revised Code sections 711 and 713.
1101.03 JURISDICTION.
This Chapter shall be applicable throughout the municipality's planning jurisdiction, which comprises the area within the corporate boundaries of the Village of Commercial Point, Ohio and to all subdivisions that are subject to extraterritorial jurisdiction, which the municipality may choose to exercise under the provision of Section 711.09, Ohio Revised Code.
1101.04 EFFECTIVE DATE.
The provisions of these Subdivision Regulations and the referenced 2018 Construction Specifications, Materials, and Standard Drawings are adopted by this Ordinance #2018-2 and become effective on September 6, 2018.
1101.05 PURPOSE AND INTENT.
(a) The purpose of this Title One is to establish subdivision standards and procedures for Commercial Point, Ohio.
(b) This Title One is to guide and facilitate the orderly, beneficial growth of the community by assuring the orderly subdivision of land and its development, and to promote the public health, safety, convenience, comfort, prosperity and general welfare.
1101.06 RELATIONSHIP TO EXISTING SUBDIVISION REGULATIONS.
These Subdivision Regulations are adopted in whole and are a replacement of the Subdivision Regulations of Commercial Point effective February 2, 1988 (Ord. 2100.01C, passed 11-2-1987; Am. Ord. 98-1, passed 3-3-1998) and 6/3/2004 and as Codified by Ordinance 2008-14 adopted 12/1/2008. Implementation of this zoning code is not intended to be onerous.
1101.07 RELATIONSHIP TO COMPREHENSIVE PLANNING.
It is the intention of Council that this chapter shall implement the subdivision policies adopted by Council for Commercial Point, as reflected in a comprehensive land-use plan adopted May 2, 2011, and all other planning documents formally adopted by Council. While the Council reaffirms its commitment that this Title One and any amendment to it be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this Title One nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
1101.08 SEVERABILITY.
Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of the Subdivision Regulations is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other devisable part of these Regulations since the same would have been enacted without the incorporation into these Regulations of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other devisable part.
1101.09 PLATTING REQUIRED.
(a) No land shall be subdivided within the corporate boundaries of the municipality except in compliance with these Subdivision Regulations and the Zoning Code.
(b) No Certificate of Zoning Compliance or Certificate of Occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations and other applicable municipal codes.
1101.10 INTERPRETATION AND CONFLICTING ORDINANCES.
1101.11 GENERAL NOTES DEFINED.
The General Notes of Commercial Point are administrative in nature, administered by the Technical Review Group, and, therefore, not an adopted section of these Subdivision Regulations. The General Notes are subject to change upon adoption by motion by the Technical Review Group. The Technical Review Group shall keep records of any changes made to the General Notes.
CHAPTER 1103
Definitions
1103.01 GENERAL DEFINITIONS.
Except where specifically defined herein, all words used in the Subdivision Regulations shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word "lot" includes the word "parcel" and "plot"; the word "building" includes the word "structure"; the word "shall" is mandatory, the word "may" is permissive, and the word "should" is preferred; the words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
1103.02 SPECIFIC DEFINITIONS.
(1) "Agent" means the authorized representative of the owner. The authority of the agent shall be established to the satisfaction of the Planning and Zoning Administrator.
(2) “Alley" means a public right-of-way less than fifty (50) feet wide which affords only a secondary means of access to property abutting thereon.
(3) "ANSI" means American National Standards Institute.
(4) "Applicant" means the authorized representative of the developer. The authority of the applicant shall be established to the satisfaction of the Planning and Zoning Administrator.
(5) "Architect" means an architect registered by the State of Ohio.
(6) "Arterial street" See "Streets."
(7) "As Built Plans" means engineering construction plans that have been revised to incorporate all changes that occurred during construction of the project.
(8) "ASTM" means American Society of Testing and Materials.
(9) "Average Daily Traffic (ADT)" means the total traffic volume during a given time period in whole days greater than one day and less than one year divided by the number of days in that time period.
(10) "AWWA” means American Water Works Association.
(11) "Block" means all or part of one side of a street between two intersecting streets.
(12) "Commission" means the Planning and Zoning Commission of the Municipality of Commercial Point, Ohio.
(13) "Bond" means any form of security including cash deposit, surety bond, collateral, property, or letter of credit in a form satisfactory to the Law Director.
(14) "Buffer" means any combination of mounds, fencing, plantings, etc., intended to separate one land use from another.
(15) "Buildable Area" means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
(16) "Building" means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
(17) "Caliper" means the diameter of a tree as measured six (6) inches above the ground up to and including four (4) inch caliper size. Thereafter, diameter-at-breast-height (DBH) is used.
(18) "Certificate of Deposit" means a certificate held on deposit by a financial institution for the municipality until such time as the subdivider has fulfilled his obligation to install the required improvements.
(19) "Clerk" means the Clerk of Council of Commercial Point, Ohio.
(20) "Collector Street." See "Streets."
(21) "Comprehensive Plan" means the plan or plans prepared and adopted by Council as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, character and extent of community development and other physical aspects of urban and rural planning.
(22) "Concept Plan" means written and graphic documents that indicate in a conceptual form the proposed land uses and their overall impact on the subject property and surrounding properties.
(23) "Construction Services Administrator" means the Construction Services Administrator of Commercial Point, Ohio.
(24) "Council" means the Council of Commercial Point, Ohio.
(25) "County" means Franklin or Pickaway County, Ohio, as applicable.
(26) "Culvert, Major" means any culvert in excess of twelve (12) inches.
(27) "Cut Sheets" means tabular survey information used for the purpose of constructing the improvements.
(28) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres. (See definition of "net developable site".)
(29) "Developer." See "Subdivider."
(30) "Development" means any man-made change to improved or unimproved real estate.
(31) "Diameter at Breast Height (DBH)" means the outside bark diameter of a tree as measured four and one-half (4 ½) feet above the forest floor on the uphill side of a tree.
(32) "Director of Public Works" means the Director of Public Works or Village Administrator.
(33) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
(34) "Engineer, Registered" means an engineer registered by the State of Ohio.
(35) "Engineering Construction Plans" means the plans and supporting information accompanying a subdivision and showing the specific location and design of improvements to be installed in the subdivision.
(36) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
(37) "Escrow" means a deposit of cash with the municipality in lieu of an amount required and still in force on a performance or maintenance bond.
(38) "Escrow Fund" means cash placed by the developer in an account to be held by a financial institution in favor of the municipality to guarantee the installation of improvements according to the provisions of the Subdivision Regulations.
(39) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.
(40) "Final Plat" means the plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements as herein enumerated.
(41) "Fire Chief" means the Fire Chief of the applicable township fire department.
(42) "Flood, Base" means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one hundred (100) year flood.
(43) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge.
(44) "Frontage" means that portion of a lot abutting on a dedicated right-of-way.
(45) "Grade" means the slope of any surface specified in percentage terms.
(46) "Grade, Existing Street" means the grade of the street measured from the centerline to the edge of the street.
(47) "Grade, Finished" means the grade of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
(48) "Grade, natural" means the grade of the undisturbed surface of any land.
(49) "Hillside" means an area with an average grade of more than fifteen (15) percent.
(50) "IES" means Illuminating Engineering Society.
(51) "Improvement, public" means any roadside ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, public utility, or other facility for which Commercial Point may ultimately assume the responsibility for operation and maintenance or which may affect an improvement for which Commercial Point is responsible.
(52) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.
(53) "Infrastructure" means facilities and services such as water, storm water and sanitary sewer lines, and streets needed to sustain industry, residential, commercial, and all other land use activities.
(54) "In-lieu fees" means fees paid by a private individual or party to Commercial Point to compensate for the mandatory dedication provisions, if such provisions exist, of the Commercial Point Zoning Code when said land dedication is waived by Council.
(55) "Inspection Fee" means the cost to the Municipality of monitoring construction, to be paid by the developer.
(56) "Landscape Architect" means a landscape architect registered by the State of Ohio.
(57) "Law Director" means the Law Director of Commercial Point, Ohio.
(58) "Lot" means a tract, plat, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
(59) "Lot, corner" means a lot located at the intersection of two or more streets.
(60) "Lot, double frontage" means a lot, other than a corner lot, with frontage on more than one street.
(61) "Lot Improvement" means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment.
(62) "Lot, interior" means a lot with only one frontage on a street.
(63) "Lot, irregular" means a lot that is neither square nor rectangular.
(64) "Lot, minimum area" means the area of a lot as is computed exclusive of any portion of the right-of-way of any public or private street.
(65) "Lot, measurement." A lot shall be measured as follows:
A. The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, the straight line connecting the rearmost side lot lines shall not be less than one-half of the length of the straight line connecting the foremost points of the side lot lines.
B. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(66) "Lot of Record" means a lot that is part of a subdivision recorded in the appropriate County Recorder's Office, or a lot or parcel described by metes and bounds, the description of which has been recorded.
(67) "Lot, Reverse Frontage" means a double frontage lot located along a collector or arterial that derives access from an interior local street.
(68) "Manager, Division of Streets" means the Manager, Division of Streets of Commercial Point, Ohio.
(69) "Manager, Division of Water" means the Manager, Division of Water of Commercial Point, Ohio.
(70) "Manager, Division of Water Reclamation" means the Manager, Division of Water Reclamation of Commercial Point, Ohio.
(71) "Mandatory Land Dedication" means the required dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.
(72) "Map Index" means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
(73) "Map Location" means a map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'.
(74) "Mayor" means the Mayor of Commercial Point, Ohio.
(75) "Municipal Engineer" means the municipal engineer or engineering firm contracted by the municipality.
(76) "Municipality" means the Village of Commercial Point, Ohio.
(77) "Net Developable Acres" means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of- way.
(78) "Net Developable Site" means the remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of-way.
(79) "No Build Zone" means an area or portion of a lot that is designated by deed or plat not to contain any buildings, structures or other built improvement on a permanent basis.
(80) "ODOT" means the Ohio Department of Transportation.
(81) "OEPA" means the Ohio Environmental Protection Agency.
(82) "Off-Site" means any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.
(83) "Owner" means the legal owner of the land proposed to be subdivided.
(84) "Performance and Indemnity Bond or Surety Bond" means an agreement by and between a subdivider and a bonding company in favor of Commercial Point for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement.
(85) "Planning and Zoning Administrator" means the Planning and Zoning Administrator of the municipality.
(86) "Planning and Zoning Commission" means the Planning and Zoning Commission of the municipality.
(87) "Preliminary Plan" means a map of a subdivision of land showing required features that is submitted to the platting authority for purposes of preliminary consideration and approval.
(88) "Reserves" means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
(89) "Right-of-Way" means the surface of any the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality.
(90) "Sediment" means solid material both mineral and organic that is in suspension, is being transported, or has been moved from its site of origin by surface water, and has come to rest on the earth's surface above or below ground level.
(90a) "Sediment basin" means a barrier, dam, or other suitable detention facility built across an area of water-flow to settle and retain sediment carried by run-off waters.
(91) "Setback, Front" means the minimum distance between the right-of-way and a building facing said right-of-way, as required by the Zoning Code.
(92) "Setbacks, Platted" means the minimum distance between a building and the right-of- way line, the rear lot line, and the side lot lines as required by the Zoning Code and shown on the recorded plat of the subdivision.
(93) "Setback, Rear" means the minimum distance between the rear lot line and a building, as required by the Zoning Code.
(94) "Setback, Side and Corner Side" means the minimum distance between the side lot line and a building, as required by the Zoning Code.
(95) "Street, Arterial" means a street that accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT (Average Daily Traffic).
(96) “Street, Cul-De-Sac" means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
(97) "Street, Dead End" means a local street having only one outlet without a safe and convenient means for reversal of traffic.
(98) "Street, Industrial" means a street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.
(99) "Street, Expressway" means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
(100) "Street, Local" means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT.
(101) "Street, Major Collector" means a street that carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
(102) "Street, Minor Collector" means a street that carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.
(103) "Structure" means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.
(104) "Subdivider" means the person who intends to build/construct the subdivision.
(105) "Subdivider's Agreement" means an agreement by and between a subdivider and Commercial Point that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
(106) "Subdivision" means any or all of the following:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(107) "Subdivision, Minor" or Lot Split, means any subdivision that does not result in the creation of more than five lots out of a single tract or does not require the construction of new streets, roads, public water or sewer facilities, sidewalks or similar facilities.
(108) "Surety" means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Municipality designed to guarantee the construction of required improvements.
(109) "Surveyor" means a surveyor registered by the State of Ohio.
(110) "Technical Review Group" means the municipality's review body of engineering construction plans for private and public development projects.
(111) "Thoroughfare Plan" means the system of streets for the Municipality adopted by the Municipality, on file in the Planning and Zoning Administrator's office, together with all amendments thereto subsequently adopted including the Land Use Plan adopted May 2, 2011.
(112) "Tree" means any tree, shrub, or other woody plant.
(113) "Tree Lawn" means the strip of land between the back of curb and sidewalks and/or planting easement.
(114) "Tree, Large" means any tree species having a trunk caliper of six inches or more.
(115) "Tree, Significant" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Urban Forester.
(116) "Urban Forester" means the Urban Forester of Commercial Point, Ohio.
(117) "Zoning Code" means the Zoning Code of the municipality.
CHAPTER 1105
Administration, Enforcement and Penalty
1105.01 ENFORCEMENT BY PLANNING AND ZONING ADMINISTRATOR.
It shall be the duty of the Planning and Zoning Administrator to enforce these Subdivision Regulations in accordance with the administrative provisions of these regulations. All departments, officials, public employees, and representatives of the Municipality, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of these Subdivision Regulations and shall issue no permit or license for any use, building or purpose in conflict with the provisions of these regulations. Any permit or license issued in conflict with the provisions of these Subdivision Regulations shall be null and void.
1105.02 WAIVERS BY THE TECHNICAL REVIEW GROUP.
A waiver may be granted by the Technical Review Group where it finds extraordinary and unnecessary hardship may result from strict compliance with Chapter 1115 Required Improvements. The extraordinary and unnecessary hardship shall be a result of topographic or other physical condition(s) of the subject property. Granting a waiver shall not (1) conflict with the preliminary plan approval by the Planning and Zoning Commission nor the final plat approval by Council, (2) violate the intent of these Subdivision Regulations, and (3) be detrimental to the public interest. Under no circumstances shall a waiver be granted under this section to any requirement of the Zoning Code.
1105.03 VARIANCES BY THE PLANNING AND ZONING COMMISSION.
(a) Where the Planning and Zoning Commission finds that extraordinary hardships may result from strict compliance with the Subdivision Regulations and/or the purposes of the Subdivision Regulations may be served to a greater extent by an alternative proposal, it may approve variances to the Subdivision Regulations so that substantial justice may be done and the public interest secured. Approving such variance shall not have the effect of nullifying any intent or purpose of these Subdivision Regulations. In addition, the Planning and Zoning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these Subdivision Regulations are carried out; and
(4) Variances contrary to other applicable guidelines and ordinances shall not be granted.
(b) In approving variances, the Planning and Zoning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these Subdivision Regulations.
(c) Public Notification. At least one (1) notice shall be given at least ten (10) calendar days prior to the public hearing in one or more newspapers of general circulation in the
municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) calendar days prior to the date of the public hearing to abutting property
owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
1105.04 PLAT ADJUSTMENTS.
No changes shall be made to any final plat after approval by Council except that minor technical adjustments or corrections, which do not significantly change the plat as approved by Council, may be made with the approval of the Planning and Zoning Administrator.
1105.05 REQUEST TO VACATE A RECORDED PLAT OR PORTION THEREOF.
A subdivider may file a request to vacate a recorded plat or portion thereof. A written request shall be filed with the Planning and Zoning Administrator. The request shall be heard by the Planning and Zoning Commission, who shall act on the request within a reasonable time, and make a recommendation to Council. Council shall have a maximum of sixty (60) calendar days from receipt of the Planning and Zoning Commission's recommendation to make a decision. To reverse or modify the Planning and Zoning Commission's decision, a vote of three-fourths (3/4) of the full membership of Council shall be required. If approved by Council, the subdivider shall
submit the proper recording instrument(s) to the Law Director for review and approval. Once the recording instrument(s) is/are approved by the Law Director, the subdivider is responsible for recording it with the appropriate County Recorder's Office. This recording shall operate to destroy the force and effect of the original plat, or portion thereof, so vacated.
1105.06 NOTICE OF VIOLATION.
The Planning and Zoning Administrator shall notify by certified mail the property owners and those violating these Subdivision Regulations and any related ordinances of any non-compliance situations and shall order actions to correct or remedy said violations. This notification shall order the discontinuance of any illegal action and shall order actions to correct or remedy said violation(s). The Planning and Zoning Administrator may also issue a Stop Work Order and request the Law Director to institute the appropriate action or proceeding at law or equity to restrain, correct, remove or prosecute such violation(s).
1105.07 VIOLATIONS AND PENALTIES.
Any person, firm, or corporation who fails to comply with a Notice of Violation Order, or violates any of these Subdivision Regulations or Chapter 711 of the Ohio Revised Code, shall be subject to the penalties as set forth in said Chapter 711.
1105.08 APPEALS.
(a) Appeal of Planning and Zoning Administrator Decision or Technical Review Group Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator or the Technical Review Group shall have the right to file an appeal with the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) calendar days of the decision of the Planning and Zoning Administrator or Technical Review Group. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information. The Planning and Zoning Commission shall have a maximum of seventy-five (75) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the decision of the Planning and Zoning Administrator or the Technical Review Group, a simple majority vote of the full membership of the Planning and Zoning Commission shall be required.
(b) Appeal of Planning and Zoning Commission Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission shall have the right to file an appeal with the Council. A written appeal shall be filed with the Clerk of Council within ten (10) calendar days of the decision of the Planning and Zoning Commission. Upon the filing of an appeal, the Planning and Zoning Commission will within 20 calendar days memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within thirty (30) calendar days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(c) Public Notification. At least one (1) notice shall be given at least ten (10) calendar days prior to the public hearing in one or more newspapers of general circulation in the
municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) calendar days prior to the date of the public hearing to abutting property
owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(d) The Planning and Zoning Commission in reversing or modifying the decision of the Planning and Zoning Administrator or Director of Public Works, or Council in the case of Planning and Zoning Commission, may prescribe additional conditions and safeguards in conformity with these Subdivision Regulations. Violations of such conditions and safeguards, when made a part of said approval, shall be deemed a violation of these Subdivision Regulations and punishable as prescribed in Section 1105.07, and shall result in revocation of said approval.
(e) Recourse from Council shall be the Franklin County or Pickaway County Court of Common Pleas, as appropriate, as provided under the Ohio Revised Code.
CHAPTER 1107
Boundary Line Adjustment and Minor Subdivisions
1107.01 GENERAL REQUIREMENTS.
The following rules and regulations shall govern request for boundary line adjustment and minor subdivision (lot split) approvals.
1107.02 BOUNDARY LINE ADJUSTMENT.
Boundary Line Adjustment Exemption. The Boundary Line Adjustment process is an administrative process conducted by the Planning and Zoning Administrator. Boundary line adjustments cannot be used to create new parcels of record.
(a) Criteria. An application must meet, at a minimum, all of the criteria below:
(1) Resulting parcels comply with the adopted standard platting conditions and any other conditions determined applicable by the Planning and Zoning Administrator or municipal engineer.
(2) Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.
(b) Submittal Process. The submittal process below shall apply to all Boundary Line Adjustments:
(1) The applicant shall file two (2) complete copies of the exemption request to the Planning and Zoning Administrator.
(2) The submittal shall be reviewed in a timely manner for completeness by the Planning and Zoning Administrator. The applicant shall be notified in writing of any inadequacies, missing or incomplete documentation. No application for Boundary Line Adjustment shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(3) Once the submittal is determined complete, the Planning and Zoning Administrator will conduct a site characteristics analysis and perform a site visit to verify characteristics and determine if the application meets the criteria for a Boundary Line Adjustment. The Planning & Zoning Administrator may consult with the municipal engineer and other municipal officials as necessary.
(4) If the Planning and Zoning Administrator denies the exemption request, the applicant shall have the right to appeal it to the Planning and Zoning Commission in accordance with Section 1105.08 of these Subdivision Regulations. If the request is approved on appeal, the applicant shall submit the final exemption documents.
(c) Submittal Requirements. In addition to the submittal requirements listed below, the Planning and Zoning Administrator may request other materials or information as deemed necessary, before or during the process.
(1) Application Form, as provided by the Planning and Zoning Administrator, signed by the property owner(s).
(2) A fee as stipulated by section 1117, paid by the applicant, shall be included with all application filings.
(3) Preliminary Drawing: drawing of the properties involved submitted at a scale no less than 1-inch equals 100-feet. The drawing shall, at a minimum, depict the following:
A. The title shall be placed at the top of the sheet and shall include: the name of the proposed exemption and a general legal description.
B. The drawing shall include: the preparation date; a north arrow; a written and graphic scale; the name, address, and phone number of the person who prepared the exhibit.
C. The proposed boundaries of the subject properties shall be depicted in a heavy solid line and any boundaries proposed to be deleted depicted with a dashed line.
D. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the subject properties shall be depicted in a lighter line weight.
E. Other elements that may be required are: existing roads; existing structures; utilities; site modifications and easements.
(d) Final Exemption Documents. Upon approval of the preliminary drawing by the Planning and Zoning Administrator, a boundary survey for all affected properties, prepared by a certified land surveyor duly registered by the State of Ohio, shall be submitted along with legal descriptions of said properties. The boundary survey shall be at a scale no less than 1" =
100'. New legal descriptions are not valid until the final approved documents, including new deeds, are signed and recorded with the applicable County Auditor's Office and County Recorder's Office. If the new legal descriptions are not recorded within thirty (30) calendar days of approval, the descriptions deemed to be null and void.
1107.03 MINOR SUBDIVISION EXEMPTION.
Minor Subdivision Exemption. The Minor Subdivision Exemption process is to change real property boundaries to create five (5) or fewer new parcels.
(a) Criteria. An application must meet, at a minimum, all of the criteria below.
(1) Creates no more than a total of five (5) parcels.
(2) Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.
(3) All of the parcels created comply with the minimum lot size requirements in the applicable zoning district.
(4) Resulting parcels are accessed, at a minimum, by a public right-of-way that meet, or with improvements can meet, Municipal Road Design Standards.
(5) All of the parcels can comply with Municipal and Health Department Sewage Disposal Requirements.
(6) The owner(s) shall provide for the construction to extend all utilities to the site and other public infrastructure as may be required at no cost to the Municipality.
(b) Submittal Process. The submittal processes below shall apply to all Minor Subdivision Exemptions:
(1) The applicant shall file two (2) complete copies of the exemption request and appropriate documentation to the Planning and Zoning Administrator.
(2) The submittal shall be reviewed in a timely manner for completeness by the Planning and Zoning Administrator. The applicant shall be notified in writing of any inadequacies, missing, or incomplete documentation. No application for Minor Subdivision shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(3) The Planning and Zoning Administrator may consult with the municipal engineer or other municipal officials as necessary.
(4) The Planning and Zoning Administrator shall approve, approve with conditions, or deny the exemption based on the information presented and compliance with the adopted standards, regulations and policies of the municipality.
(5) If the Planning and Zoning Administrator denies the exemption request, the applicant shall have the right to appeal it to the Planning and Zoning Commission in accordance with Section 1105.08 of these Subdivision Regulations. If the request is approved on appeal, the applicant shall submit the final exemption documents.
(c) Submittal Requirements. In addition to the submittal requirements listed below, the Planning and Zoning Administrator may request other materials or information as deemed necessary, before or during the process.
(1) Application Form, as provided by the Planning and Zoning Administrator, signed by the property owner(s).
(2) A fee as stipulated by section 1117, paid by the applicant, shall be included with all application filings.
(3) Preliminary Drawing: drawing at a scale not less than 1" = 100'. The Plan shall depict the following:
A. The title shall be placed at the top of the sheet and include the name of the proposed exemption and a general description.
B. The drawing shall include: the preparation date; a north arrow designated at true north; a written and graphic scale; the name and address of the owner and person who prepared the exhibit.
C. The boundaries of the proposed parcels shall be depicted in a heavy solid line.
D. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the parcels proposed for subdivision shall be depicted in a lighter line weight.
E. Depict all existing roads, structures, utilities, earthwork, site modifications and easements as applicable.
F. Depict all lots providing accurate dimensions for each.
(d) Final Exemption Documents. Upon approval of the exemption request a full certified Land Survey for all affected parcels shall be submitted including new legal descriptions. The
Survey shall be at a scale not less than 1" = 100'. New legal descriptions are not valid until the final approved documents are signed and recorded with the applicable County Auditor and Recorder. If the new legal descriptions are not recorded within thirty (30) calendar days of approval, the descriptions shall become null and void.
CHAPTER 1109
Subdivision Application Procedure and Appeal Process
1109.01 PRELIMINARY SUBDIVISION PLAN, SUBMITTAL AND REVIEW.
(a) It is strongly recommended that, prior to filing a preliminary subdivision plan application, the developer submit a Conceptual Plan to the Planning and Zoning Administrator for review. Depending on the particulars of the proposed development, the Planning and Zoning Administrator may request input from the Technical Review Group and/or Planning and Zoning Commission.
(b) A preliminary subdivision plan application shall be filed with the Planning and Zoning Administrator at least twenty-one (21) calendar days prior to the Planning and Zoning Commission meeting date. Eight (8) 11" by 17" size copies and five (5) full size copies of all preliminary subdivision plans and supporting information shall be included with the application submittal. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a preliminary subdivision plan application, the Planning and Zoning Administrator shall review the application for compliance with Section 1113.02 of these Subdivision Regulations. Should any information not be included with the application, it shall be returned to the developer with a written explanation of what information is missing. No preliminary subdivision plan application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(c) A fee as stipulated by ordinance, paid by the developer, shall be included with the preliminary subdivision plan application filing.
(d) All preliminary subdivision plans shall be prepared by a certified land surveyor duly registered by the State of Ohio.
(e) The Planning and Zoning Commission shall review the preliminary subdivision plan and act thereon within thirty-five (35) calendar days from receipt of a complete application. The Commission may approve the plan as submitted or modified, it may conditionally approve the plan and stipulate the conditions of such approval, or it may disapprove the plan and express the reasons therefore. The developer shall be advised as to the decision of the Planning and Zoning Commission by letter and/or legible markings and notes on the plan.
(f) All updated preliminary subdivision plans and supporting information submitted to the Planning and Zoning Commission for review shall include all revisions requested at the Commission's prior meeting. Upon the submittal of updated preliminary subdivision plans and supporting information, the Planning and Zoning Administrator shall review the submittal for compliance with the requested revisions. Should any information not be included with the updated submittal, it shall be returned to the developer with a written explanation of what information is missing. No updated submittal shall be reviewed by village officials until the requested revisions have been made.
(g) Approval of a preliminary subdivision plan shall not constitute approval of the final subdivision plat nor required improvement plans, but rather shall be deemed an expression of approval of the layout as a guide to preparation of the engineering construction plans and final subdivision plat.
(h) Review of the preliminary plan is based on conformance with present zoning, general conformance with the required improvement as stipulated herein, and compatibility to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(i) Whether it is proposed to develop the property in one section or in multiple sections, the layout of the entire tract is required.
(j) Public Notification for the review of a preliminary subdivision plan shall consist of listing on the Planning and Zoning Commission's meeting agenda posted in accordance with the Planning and Zoning Commission's Rules.
1109.02 TECHNICAL REVIEW GROUP.
(a) The Technical Review Group is established as the Municipality's review body of engineering construction plans for private and public development projects and consists of, as necessary, but not be limited to, the Planning and Zoning Administrator, Director of Public Works, Municipal Engineer, Manager Division of Water and Water Reclamation, Construction Services Administrator, Urban Forester, School Superintendent, and police and fire safety services. The Technical Review Group will meet on an as needed basis to provide for a forum at which proposed developments at any state in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory requirements and to provide coordination of various requirements and procedures. The Technical Review Group also provides the Planning and Zoning Commission technical expertise in matters that come before the Commission.
(b) The Planning and Zoning Administrator shall chair the Technical Review Group and shall coordinate the review process. The developer shall be advised by the Planning and Zoning Administrator as to the decision of the Technical Review Group by letter and/or legible markings and notes on the plans.
(c) Approval of engineering construction plans by the Technical Review Group shall expire twelve (12) months from the date of such approval, unless construction work has started. A single extension, not to exceed six (6) months, may be given by the Technical Review Group upon written request by the developer.
1109.03 ENGINEERING CONSTRUCTION PLANS, SUBMITTAL AND REVIEW.
(a) Engineering Construction Plans shall only be accepted for review after the Planning and Zoning Commission has approved the preliminary subdivision plan or, in the case of a site plan development, the site plan has been approved by the Planning and Zoning Commission. All required improvements shall be installed at the cost of the developer in accordance with design and construction standards of the municipality.
(b) Submittal Procedure: The developer shall prepare and submit five (5) full-size copies of the engineering construction plans and supporting information to the Planning and Zoning Administrator. If complete, they are distributed and reviewed by the Technical Review
Group. If the submittal is incomplete, it is returned to the applicant with a written explanation of what information is missing. No engineering construction plans shall be reviewed by the Technical Review Group until all required information has been received.
(c) Preliminary Review Procedure:
(1) Civil engineering construction plan review with Director of Public Works, Construction Services Administrator, Division of Water and Water Reclamation Manager, and Municipal Engineer within one week of submission.
(2) Review any approval conditions by the Planning and Zoning Commission.
(3) Review General Notes.
(4) Review compliance with Chapter 1115 Required Improvements.
(5) Hold preliminary engineering construction plan meeting with the Planning and Zoning Administrator, Director of Public Works, Construction Services Administrator, Municipal Engineer, and, as applicable, the appropriate local school district and fire department within two weeks of distribution to compile comments to be forwarded to the developer for revision and/or clarification.
(d) Final Review Procedure:
(1) All updated engineering construction plans and supporting information submitted for review shall include all revisions and/or clarifications as previously requested. The developer also shall return all annotated review plans along with a Mylar cover sheet for signatures and construction cost estimate. No updated submittal shall be reviewed by the Technical Review Group until all requested revisions have been made and/or clarifications have been provided.
(2) Civil engineering construction plan review with Director of Public Works, Construction Services Administrator, Division of Water and Water Reclamation Manager, and Municipal Engineer within one week of submission.
(3) Review revisions from preliminary engineering construction plan review.
(4) Hold final engineering construction plan meeting with the Planning and Zoning Administrator, Director of Public Works, Construction Services Administrator, Municipal Engineer, and, as applicable, the appropriate local school district and fire department within two weeks of distribution to compile comments to be forwarded to the developer for revision and/or clarification. If there are additional comments, forward to the developer for revision and/or clarification.
(e) When there are no additional comments, return signed Mylar to the developer.
1109.04 FINAL SUBDIVISION PLATS, SUBMITTAL AND REVIEW.
(a) Final subdivision plats shall be subsequent to and substantially in conformance with a previously approved preliminary subdivision plan. A final subdivision plat shall constitute only that portion of the development that is proposed for recording and development at the current time.
(b) The final subdivision plat, or the final subdivision plat of the first phase of a subdivision, shall be submitted to the Planning and Zoning Administrator within twelve (12) months after approval of the preliminary subdivision plan but not until the engineering construction plans have been approved by the Technical Review Group. Otherwise, said preliminary subdivision plan approval shall become null and void unless an extension of time has been granted by the Planning and Zoning Commission upon the developer showing justified cause to the satisfaction
of the Commission. Only one extension of time may be granted for a period not to exceed twelve (12) months.
(c) A final subdivision plat application shall be filed with the Planning and Zoning Administrator at least thirty (30) calendar days prior to the Planning and Zoning Commission meeting date. Eight (8) 11" by 17" size copies and two (2) full size copies of all final subdivision plats and supporting information shall be included with the application submittal. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a final subdivision plat application, the Planning and Zoning Administrator shall review the application for compliance with Section 1113.03 of these Subdivision Regulations. Should any information not be included with the application, it shall be returned to the developer with a written explanation of what information is missing. No final subdivision plat application shall be reviewed by village officials until all information has been received by the Planning and Zoning Administrator.
(d) A fee as stipulated by ordinance, paid by the developer, shall be included with the final subdivision plat application filing.
(e) Final subdivision plats shall be prepared by a registered surveyor duly certified by the State of Ohio.
(f) The Planning and Zoning Commission shall review the final subdivision plat application and forward its recommendation to Council within thirty-five (35) calendar days from receipt of a complete application. The Planning and Zoning Commission may recommend approval of the final plat as submitted or modified, it may recommend conditional approval of the final plat and stipulate said conditions, or it may recommend disapproval of the final plat and express the reasons thereof. The developer shall be advised as to the recommendation of the Planning and Zoning Commission by letter and/or legible markings and notes on the plat. The plat together with the Planning and Zoning Commission's recommendation shall then be immediately forwarded to Council.
(1) Before any final subdivision plat application is recommended for approval or conditional approval by the Planning and Zoning Commission, the developer shall give notice to the Ohio State Director of Transportation of the proposed improvements and obtain a letter from the Ohio State Director of Transportation stating that: This property is not within 300 feet of the centerline of a proposed new highway, or within 500 feet of the centerline of a highway for which changes are proposed; or this property is within these limits but that acquisition of the land at this time is not in the public interest. If the Ohio State Director of Transportation notifies the Planning and Zoning Commission that the State shall proceed to acquire the land needed, then the Planning and Zoning Commission may refuse to recommend to approve the plat, according to provisions of Section 5511.01 of the Ohio Revised Code.
(2) At the request of the subdivider, the Planning and Zoning Commission may give conditional approval and allow the developer to proceed with completion of the plat. However, it shall be clearly at the subdivider's own risk and the conditional approval shall be withdrawn if the Ohio State Director of Transportation proceeds to acquire the land.
(3) If the State Director of Transportation notifies the Planning and Zoning Commission that acquisition at this time is not in the public interest, or upon expiration of a 120 calendar day period from date of notice to the Ohio State Director or any extension thereof agreed upon by the Ohio State Director of Transportation and the property owner, the Planning and Zoning Commission shall, if the final plat is in conformance with all provisions of these Subdivision Regulations, recommend approval of the final subdivision plat application.
(4) The developer shall provide a copy of all correspondence to the Ohio State Director to the Planning and Zoning Administrator. The correspondence to the Ohio State Director shall indicate the 120 calendar day notification deadline.
(g) Council shall review the final subdivision plat application and act thereon within sixty
(60) calendar days upon receipt of the final plat application from the Planning and Zoning Commission and their recommendation. Council shall either approve or disapprove the final subdivision plat application. To reverse or modify the Planning and Zoning Commission's recommendation, a simple majority vote of the full membership of Council shall be required.
(h) If the final subdivision plat application is disapproved by Council, it shall be returned to the Planning and Zoning Commission with recommendations for modification.
(i) Upon approval by Council, the Mayor and Clerk shall sign the final plat for recording with the appropriate County Auditor's Office and County Recorder's Offices. The Municipality shall record the signed plat with the respective county. The developer shall be responsible for all recording costs. The approved final plat shall be placed on record within thirty (30) calendar days from the date of Council's approval, or said approval shall be deemed null and
void. Provided, however, the said recording time may be extended by Council for good cause.
(j) The subdivider shall submit a full size copy of the approved final plat, as recorded, to the Planning and Zoning Administrator. Upon completion of the subdivision, four full size copies of as-built plans, prepared by the developer's engineer and based on the municipality's construction inspection records, shall be submitted to the Construction Services Administrator. As-built plans shall also be submitted in electronic format as specified by the Construction Services Administrator.
(k) No building permits for lots within the platted (recorded) subdivision shall be issued until after the public infrastructure has been constructed and said improvements have been accepted by the municipality.
CHAPTER 1111
Amendments
1111.01 INITIATION.
The provisions of these Subdivision Regulations may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good development
practices. Amendments may be initiated in one of three ways: (1) by adoption of a motion by the Planning and Zoning Commission; (2) by adoption of a resolution by Council; or (3) by filing of an application by the owner(s) of the property affected by the proposed amendment to these Subdivision Regulations.
1111.02 APPLICATION REQUIRED.
(a) A complete written application shall be filed with the Planning and Zoning Administrator at least thirty (30) calendar days prior to Planning and Zoning Commission meeting date. Eight
(8) copies of all supporting information including, but not limited to, information listed in Section 1111.02 (c) shall be included with the application filing. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1111. Should any information not be included with the application, it shall be returned to the owner with a written explanation of what information is missing. No application
shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(b) A fee of five-hundred dollars ($500), paid by the owner(s), shall be included with the application filings.
(c) The application shall contain as a minimum:
(1) Name, address and phone number of the owner(s) and agent, and if available the subdivider if different from the owner.
(2) A written description of the proposed amendment to these Subdivision Regulations.
(3) A written explanation of why the proposed amendment should be adopted and how the proposed amendment relates to the implementation of the municipality's Community Plan and other related adopted plans.
1111.03 CRITERIA FOR REVIEW OF A PROPOSED AMENDMENT.
All amendments to these Subdivision Regulations must be consistent with the adopted comprehensive plan. The Planning and Zoning Commission and Council shall, at the minimum, consider the following factors in the review of the application:
(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(b) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.
(c) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.
(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
1111.04 REVIEW PROCEDURE OF A PROPOSED AMENDMENT.
(a) The Planning and Zoning Commission shall act on proposed amendments presented to it within a reasonable time. The owner or agent shall be advised as to the decision of the Planning and Zoning Commission by letter.
(b) The Planning and Zoning Commission shall hold a public hearing on the proposed amendment. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) At least one (1) notice of the Planning and Zoning Commission's public hearing shall be given at least ten (10) calendar days prior the scheduled public hearing date in one (1) or more newspapers of general circulation in the municipality. Such notice shall include the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(d) Action by Planning and Zoning Commission. Within thirty-five (35) calendar days of the public hearing, the Planning and Zoning Commission shall review the application and forward one of the following recommendations to Council: (1) Recommend the proposed amendment be approved as requested; (2) Recommend a modification of the proposed amendment; or (3) Recommend the proposed amendment not be approved.
(e) Upon Receipt of the Planning and Zoning Commission's recommendation, Council shall schedule a public hearing within sixty (60) calendar days of said receipt. Nothing in this section shall prevent Council from continuing said public hearing.
(f) At least one (1) notice of Council's public hearing shall be given at least ten (10) calendar days prior the scheduled public hearing date in one (1) or more newspapers of general circulation in the municipality. Such notice shall include the time and place of the public hearing, the nature of the proposed amendment, and a summary of the Planning and Zoning Commission's recommendation.
(g) Within forty-five (45) calendar days after the public hearing, Council shall adopt or deny the recommendation, or adopt a modification thereof. To adopt the Planning and Zoning Commission's recommendation, a majority vote of the full membership of Council is
required. To reverse or modify the Planning and Zoning Commission's recommendation, a vote of three-fourths (3/4) of the full membership of Council is required.
CHAPTER 1113
Preliminary Plan and Final Plat Requirements
1113.01 GENERAL REQUIREMENTS.
1113.02 PRELIMINARY PLAN REQUIREMENTS.
Preliminary subdivision plans shall be on sheet(s) no larger than 24-inches by 36-inches and prepared at a scale not smaller than one inch equals one-hundred feet (1" = 100'). The entire project shall be displayed on a single sheet when possible. If more than two sheets are required, an index sheet must be included. Where information is required for items off-site, and access to such areas is not available to the registered surveyor preparing the preliminary plan, required information may be an approximate nature, based on an existing recorded plat(s) of surrounding parcels and must be so noted. Preliminary subdivision plans shall include the following:
(a) A location map showing the relationship of the proposed subdivision to the surrounding area.
(b) The name of the subdivision, the name and address of the developer, the name and registration number of the registered surveyor, a north arrow, scale, and date the plan was prepared.
(c) The location by Section, Range, and Township or other surveys.
(d) Soils information, presented on a separate drawing, identical in scale to the preliminary plan. Street and lot layout shall be superimposed upon the soils information sheet. Data shall be derived from the United States Department of Agriculture Soil Survey.
(e) The current names and locations of all adjoining property owners and adjacent subdivisions within 150 feet of the proposed subdivision.
(f) The current zoning of the property to be subdivided and of the contiguous properties.
(g) The location and dimensions of all boundary lines of the property expressed in feet and decimals of a foot, and the approximate acreage of the land to be subdivided.
(h) The location of existing water bodies, streams, drainage ditches, stands of trees and trees with a diameter breast height (DBH) more than six inches in diameter, and other pertinent features within 500 feet of the proposed subdivision.
(i) The location, width, names, and classification of all existing and proposed streets, rights- of-way, and easements, and where pertinent, their designated use within 500 feet of the proposed subdivision.
(j) Approximate location of all existing buildings within 500 feet of the proposed subdivision.
(k) Location and illustration of existing storm and sanitary sewers, culverts, drainage tiles, water lines, gas lines, CATV, utility poles, and utility lines within and adjacent to the proposed subdivision.
(l) The location of all existing wells within 300 feet of the proposed subdivision.
(m) The approximate location, dimensions, and numbering of all proposed lots.
(n) The approximate location, dimensions, and area of all land proposed to be set aside for required parks and open space, and other public or private reservation, with designation of the purpose and proposed ownership and maintenance thereof.
(o) Topography with a maximum contour interval of two feet. Elevations shall be based on mean sea level datum obtained from benchmarks established by the NGS Control.
(p) Indication of the proposed use of any lots other than residential.
(q) Lots within the subdivision including future additions shall be numbered consecutively beginning with "one" (1), and the total number of lots and their combined acreage shown on the plat.
(r) Preliminary proposals for connection to existing water supply and sanitary sewer systems and for the collection and discharge of surface water drainage including the location and size of existing and proposed water mains, sanitary sewers and drainage facilities.
(s) Delineation of the drainage areas involved, with a plan for draining the total upstream watershed through the development. The major storm routing path shall be delineated.
(t) The 100-year floodplain and floodway of any watercourse identified as having a flood hazard area and delineated on the most current Flood Insurance Rate Maps.
(u) Written indication from the Director of Public Works that capacity for both water and sanitary sewer service is available.
(v) Preliminary street lighting plan showing proposed locations of street lights and the typical street light fixture to be used in the subdivision.
(w) Where it is proposed to develop the property in multiple sections, a tentative delineation of the sections including an estimated time frame for construction and build out.
1113.03 FINAL PLAT REQUIREMENTS.
Final Subdivision plats shall be on sheet(s) no larger than 24-inches by 36-inches and prepared at a scale not smaller than one inch equals one-hundred feet (1" = 100'), drawn in black India ink on reproducible Mylar. The entire project on a single sheet when possible. If more than two sheets are required, an index sheet shall be included. The reproducible Mylar shall meet the size requirements of the applicable County Auditor's Office and County Recorder's Office. Where information is required for items off-site, and access to such areas is not available to the registered surveyor preparing the final plat, required information may be an approximate nature, based on an existing recorded plat(s) of surrounding parcels and must be so noted. Final subdivision plats shall include the following:
(a) A location map showing the relationship of the proposed subdivision to the surrounding area.
(b) The name of the subdivision, name and address of the developer, the name and registration number of the registered surveyor, a north arrow, scale, and date the plat was prepared.
(c) The location by Section, Range, and Township or other surveys of the subdivision.
(d) The current names and locations of all adjoining property owners and adjacent subdivisions within 150 feet of the proposed subdivision.
(e) The current zoning of the property to be subdivided and of the contiguous properties.
(f) The location and dimensions of all boundary lines of the property being subdivided with accurate distance and bearings, including section, Municipal Corporation, and county lines.
(g) Accurate dimensions for all lots, reserve parcels, rights-of-way, and all known easements.
(h) The numbering of the lots in the final subdivision plat application. All lots within the entire subdivision, including any future sections or additions, shall be numbered consecutively starting with the first plat to be recorded and beginning with the number 'one' (1).
(i) The location, width, names and classification of all existing and proposed streets, rights-of- way and easements, and where pertinent, their designated use, within 500 feet of the proposed subdivision.
(j) Curve data for all proposed streets including the radii, arcs, chords, chord bearings, tangent and central angle.
(k) Accurate location of all required monuments.
(l) A summary of the area of land used for each of the following: (1) lots, (2) rights-of- way, and (3) parks, open space, and other public or private reservation, with designation of the purpose and purposed ownership and maintenance thereof.
(m) Location of setback lines from all rights-of-way, public or private, and the building envelope shown on all lots.
(n) An acknowledgement by and bearing the signature of the owner that the subdivision plat was prepared with the owner's consent and approval and dedicating the public streets and the appropriate areas to Commercial Point.
(o) A statement signed by the owner setting forth the rights associated with the easements and reserve parcels shown on the subdivision plat.
(p) Certification by the registered surveyor who prepared the subdivision plat that the information contained on the plat is true and correct and conforms to the requirements of these Subdivision Regulations.
(q) A signature block for the endorsement of an approved final subdivision plat by the Mayor and Clerk upon the approval by Council. The signature block and associated final subdivision plat wording is shown in Appendix B.
CHAPTER 1115
Required Improvements
1115.01 GENERAL.
(a) Prior to final plat approval by Council, the subdivider shall have installed the required improvements.
(b) All items of work covered and stipulated in the construction plans, including altering or any extra work shall be performed in accordance with the lines, grades, typical cross sections and dimensions shown on the construction plans. All areas within the rights-of-way and easements shall be graded in accordance with the grading plan. All other areas shall be rough graded such
that building construction (including basement excavation) will satisfy final grading in accordance with the grading plan. The setting and marking of all lines, profile and grade stakes necessary for the layout of the work in accordance with the improvement plans shall be performed under the supervision of a registered surveyor. Should any misunderstanding arise as to the intent or meaning of the construction plans, or any discrepancy appear in same, or in the proper method of setting and marking of the construction stakes, the decision of the Municipal Engineer in such cases shall be final. All surveys and construction plans shall be based on the Pickaway County Horizontal and Vertical Control System. An index of control points is available from the Pickaway County Engineer.
(c) The construction material specifications and standard drawings of Commercial Point, along with the City of Columbus, Ohio and ODOT, shall govern the required improvements except as modified within these Subdivision Regulations.
(d) (1) All engineering construction plans shall be prepared, signed and sealed by a registered professional engineer. Construction plans shall include title sheet, index map, location map, typical sections, plan and profile view, benchmarks, miscellaneous engineering details, and estimate of quantities. Cross sections shall be submitted upon request by the Municipal Engineer. All typical sections and major engineering details to be used on any particular street shall be approved in advance before completion of the engineering construction plans.
(2) The title sheet of the engineering construction plans must contain the name of the subdivision, road or street names, county and location map. Space shall be provided on the title sheet or the first sheet of the plan for signature of the Mayor; Director of Public Works; Manager, Division of Water and Water Reclamation; and Municipal Engineer. The following statement shall be above the village's signature block: "Signatures below signify only concurrence with the general purpose and general location of the project. All technical details remain the responsibility of the engineer preparing the plans."
(3) The necessity of guard rail, seeding, erosion control, type of backfill or other special conditions shall be determined with the assistance of the Municipal Engineer before completion of the construction plans.
(4) The engineering construction plans shall show the drainage area and design flow for all major culverts in twelve (12) inches and greater.
(5) The engineering construction plans shall be made with India ink on matte Mylar material. Freehand linear drawings will not be accepted. No shading or coloring shall be allowed. The sheets upon which the engineering construction drawings are made shall measure 24" x 36", with 1/2" margin border on three sides and a 1½" to 2" binding margin on the short left side. A poorly drawn or illegible plan is sufficient cause for rejection.
(6) Submittal requirements include improvement plans, sanitary sewer calculations, storm drainage calculations, grading plans, landscaping plans, erosion and sedimentation control plans, and lighting plans. See Section 1109.03 for time frames for submittal to the Planning and Zoning Administrator.
(7) Resubmittals of engineering construction plans shall clearly show all revisions made thereto by notes in the "revision" block with each revision clearly outlined on the appropriate sheet(s). A lack of properly addressing all Technical Review Group comments is sufficient cause for rejecting the resubmittal.
(8) After all improvements have been constructed, a complete set of as-built plans on reproducible Mylar and electronic copy of the same in either pdf or tif format shall be submitted to the Construction Services Administrator for Municipal files.
(e) Testing to ensure compliance with the standards contained herein shall be required by the Construction Services Administrator or the Municipal Engineer, and shall be at the expense of the subdivider.
(f) (1) Plan view on improvement plans must include the following:
A. Right-of-way line, centerline, departing lot lines, lot numbers, subdivision limits, and limits of construction.
B. Centerline curve data and centerline tangent data, including delta, radius, arc, chord, and tangent.
C. Radius of all curb returns to face of curb.
D. Approved street name.
E. Stations at every 100 feet on centerline. Indicate stations at points of curve and tangent at the beginning and end of all returns at centerline intersection, and at subdivision or section limits.
F. Street widths are based on face of curb to face of curb for full length.
G. When proposed streets intersect with or join existing streets or traveled way, indicate both edges of existing pavement, surface, or curb and gutter for a minimum of 100 feet, or the length of connection, whichever distance is the greater.
H. All existing or proposed easements.
I. All water mains, their sizes, valves, and fire hydrants, and location of mains to centerline of street.
J. All sanitary sewers and appurtenances. Identify sanitary sewer appurtenances by type. All appurtenances shall be numbered.
K. The location of all or any natural springs whether within or draining to street right-of- way and indicate proposed treatment of it. All springs will be capped and piped in a minimum six-inch diameter perforated pipe encased in washed gravel, and connected into the nearest storm manhole or curb inlet.
L. Proposed stream or channel relocations. Show existing and proposed locations. Furnish detailed typical section and type of stabilization to be provided. Any proposed stream or channel relocation, excluding road side ditch, shall comply with the requirements of the Army Corp of Engineers.
M. Guard posts or barricade at the end of streets that are to be extended in the future. A temporary T-turnaround shall be provided for dead end streets exceeding 200 feet in length.
N. Protection of ends of curb and gutter by providing for erosion control and temporary drainage where required.
O. Where a special typical section is approved, provides detail on plan.
P. Notes that may be necessary to explain the intent and purposes of the plan.
Q. Symmetrical transition of pavement at intersection with existing street.
(2) Profile view on improvement plans must include the following:
A. Elevations at beginning and end of all vertical curves.
B. Length of vertical curves with elevations and stations of vertical points of intersections (VPI).
C. Elevations computed every 50 feet on all tangent sections, and grades computed every 25 feet in all vertical curves.
D. Elevations along all curbs and curb returns on intersecting streets. The grades of intersecting streets shall match at the intersection of the extensions of the respective curbs. In other words, a hypothetical curb P.I. must be established.
E. Elevations at all curb inlets.
F. Extension of centerline profile 300 feet beyond property line or boundary on all streets that provide for access to adjoining property.
G. Existing centerline profiles for 200 feet minimum distance to insure proper grade tie, when proposed street is an extension of, or connects with an existing street or road.
H. Centerline profile of existing street or road 300 feet minimum distance to right and left of proposed connection, when a proposed street intersects with an existing street or road.
I. All proposed water mains, sanitary sewer mains, storm drains, and appurtenances.
J. All crossings of existing utilities.
K. Notes that may be necessary to explain the intent and purposes of the profile.
1115.02 MONUMENTS.
Iron pins and permanent markers shall be set under the direction of a surveyor registered by the State of Ohio at all changes in direction of all outside boundary lines of the platted property and at all changes in direction of the right-of-way lines. Iron pins shall be 13/16-inch inside diameter, 30 inches long with a plastic plug placed in the top bearing the initials of the surveyor. Permanent markers shall be 1-inch in inside diameter, material 30-inches long, buried 1-foot in depth below final grade with a plastic plug placed in the top bearing the initials of the surveyor.
A minimum of four permanent markers shall be set. The placing of all monuments shall meet the minimum standards for boundary surveys in the State of Ohio.
1115.03 STREETS.
(a) Design and Construction. Streets shall be designed and constructed so as to meet the following criteria:
MINIMUM COMPOSITION
Deep Concrete Conc. Roller
Strength Base Pvmt. Com Concrete
304 | 301 | 402 | 404 | 305 | 402 | 404 | 452 | SS1523 | 402 404 | |
Local Street | 4” | 5” | 1-1/2” | 6” | 1-1/2” | 1-1/2” | 6” | 7” | 1-1/2 1-1/2” | |
Collector Street | 4” | 6” | 1-1/2” | 1-1/2” | 6” | 1-1/2” | 1-1/2” | 6” | 7” | 1-1/2” 1-1/4 |
Collector/Arterial St | 4” | 8” | 1-1/2” | 1-1/2” | 6” | 1-1/2” | 1-1/2” | 8” | 8” | 1-1/4” 1-1/2” |
Arterial/Industrial St | 4” | 8” | 1-1/2” | 1-1/2” | 8” | 1-1/2” | 1-1/2” | 9” | 9” | 2” 1-1/2” |
** A tack coat (Item 407) (0.10 gallon per square yard) will be required between the 305 and 404 course.
Note: The number in parenthesis is the design traffic number and is the minimum number of 18,000 lbs. equivalent loads per day. When it is possible that this will be exceeded, the developer’s engineer is required to check with the Village Engineer about changing design.
Legend
301 = Bituminous Aggregate Base 404 = Asphalt Concrete
304 = Aggregate Base 407 = Tack Coat (RC-70 or RS-1) 305 = Plain Portland Cement Concrete 408 = Prime Coat (RC-30, MC-70,
Pavement (5 Bag) (RT-2, RS-1, RS-2) 402 = Asphalt Concrete 452 = Plain Portland Cement SS1523 = Roller Compacted Concrete Pavement Class C, - ODOT
Specifications
(D) Curb and gutter with under-drains shall be constructed in accordance with Village standards.
(E) Sub-base shall be free of topsoil, vegetation, soft clay, or other objectionable material for a minimum depth of two (2) feet below finished sub-grade. The sub-base shall be rolled, shaped, and compacted to a minimum depth of one (1) foot below sub-grade and to a minimum width of eighteen (18) inches beyond the back of curbs. Compaction shall be not less than 100% of maximum dry density.
(F) The minimum radius at intersections measured at the face of curb shall be 20 (twenty) feet for Cul-de-sacs and local streets, 35 (thirty-five) feet for collector streets, and 50 (fifty) feet for arterial intersections.
(1) Right-of-way and pavement widths shall be drawn in accordance with the following table. Pavement widths shall be measured face of curb to face of curb. Turnarounds on cul-de- sacs shall have a minimum 100' diameter right-of-way. There shall be no center islands in the turnaround of a cul-de-sac.
Street Type | Minimum Right-of-Way | Minimum Pavement Width |
Arterial w/ median | 100 | 61 |
Arterial | 100 | 52 |
Collector | 70 | 36 |
Local | 60 | 30 |
Cul-de-sac | R = 38 ft. |
(2) The typical sections contained in the Village of Commercial Point Specifications, Materials and Standard Drawings Manual shall be utilized.
(3) Minimum pavement composition shall be determined by existing soil conditions and an AASHTO pavement design. All new pavement design shall include an aggregate base having a minimum thickness of six (6) inches. The design engineer shall also consider future construction traffic. For new and reconstruction of streets and roads within the corporation limits of Commercial Point, Ohio with ADT's less than 400, the current "AASHTO Guidelines For Geometric Design of Very Low Volume Local Roads" shall govern.
(4) The minimum radius at intersections measured at the face of curb shall be 20 feet for cul- de-sacs and local streets, 35 feet for collector streets, and 50 feet for arterial intersections.
(5) Horizontal and vertical alignment shall meet the following minimum standards:
Arterial | Major Collector | Minor Collector | Cul-de-sac or Local | |
Centerline Radius | 1,050 ft. | 650 ft. | 400 ft. | 250 ft. |
Minimum Gradient | 0.5% | 0.5% | 0.5% | 0.5% |
Monuments Maximum Gradient | 6% | 6% | 7% | 8% |
Minimum Street Intersection Angle | 90- degrees | 90-degrees | 90-degrees | 80-degrees |
(6) Clear sight distance (length along each approach leg) shall follow ODOT's Location and Design Manual, Table 201-5 E Vol. 1.
(7) Intersection centerline offsets shall meet the following minimum requirements:
Local/local 150 feet
Local/collector 200 feet
Local/arterial 300 feet
Collector/collector 300 feet
Collector/arterial 1,320 feet
Cul-de-sac/cul-de-sac 150 feet
Cul-de-sac/local 150 feet
Cul-de-sac/collector 200 feet Cul-de-sac/arterial not permitted
(8) Vertical curves shall be provided at any change of vertical grade where the algebraic difference on grades is one (1) percent or greater, unless otherwise directed by the Municipal Engineer. Sight distance shall be measured as the line of sight from a height of 3.75 feet to 0.5 feet above the pavement. The length of vertical curve shall meet the length as set by the ODOT requirement for crest and vertical segment. The ODOT Location and Design Manual Vol. 1, latest edition, or the AASHTO guidelines for low volume roads shall govern.
(9) The maximum profile grade approach to intersections shall be two (2) percent.
(10) Sidewalks shall be installed inside the right-of-way along all streets, constructed of portland cement concrete and located one (1) foot off the right-of-way, unless otherwise approved by the Technical Review Group. Sidewalks shall be a minimum width and thickness as indicated below. At driveways and other points of vehicle crossing, the thickness shall be six inches. Sidewalks shall extend to the curbs at all intersections and include wheelchair ramps compliant with current ADA requirements. ADA detectible warning devices on ramps shall be "brick red."
Type of Street | Sidewalk Width | Sidewalk Thickness |
Cul-de-sac | 4 feet | 4 inches |
Local | 4 feet | 4 inches |
Collector | 4 feet | 4 inches |
Arterial | 8 feet* | 4 inches |
*Or may be a leisure path, may be asphalt or concrete.
(11) Driveway aprons, six (6) inches thick minimum for residential and eight (8) inches thick minimum for non-residential, shall be provided from the sidewalk to the curb at all driveway locations in accordance with the Municipal standard drawing. The maximum grade of a driveway apron shall not exceed ten (10) percent.
(b) Street Layout. The arrangement, character, extent, width, and location of all streets shall conform to the master street plan of Commercial Point and to the following:
(1) Streets shall be so arranged as to provide for the continuation of existing streets.
(2) Connections shall be provided to adjoining properties for future access.
(3) Local residential streets shall be laid out so as to discourage through traffic while providing for interconnection of neighborhoods, reasonable safety, and access by emergency vehicle services.
(4) Cul-de-sacs shall be provided with a bulb type turnaround.
(5) Permanent cul-de-sacs shall not exceed 600 feet except where a variance to this requirement is specifically granted by the Planning and Zoning Commission. Temporary cul-de- sacs may exceed 600 feet where they are part of an overall street network.
(6) The following regulations shall govern the design and layout of blocks:
A. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, will be evaluated by the Planning and Zoning Commission and may be approved by the Planning and Zoning Commission if properly designed and located, and if the maintenance of interior public spaces is covered by notation on the plat.
B. No block shall be longer than 1,500 feet and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.
C. Where blocks are over 900 feet in length, a crosswalk easement no less than ten feet in width at or near the halfway point may be required to provide proper access to schools, recreational areas, shopping centers, and other facilities.
(7) Street names shall be approved by the Planning and Zoning Administrator and shall not duplicate or be similar to names of existing streets within the municipality or its postal zip code.
(c) Lots should be designed so as to accomplish the following:
(1) Each lot shall have frontage on a public or private street as specified in the Zoning Code, or zoning text as may be applicable.
(2) The depth and width of commercial and industrial lots shall be adequate to provide for the required off-street loading and parking spaces.
(3) Corner lots shall have extra width to permit appropriate building set back from and orientation to both streets.
(4) Double frontage, reverse frontage and irregularly shaped lots shall be avoided.
(5) Lot lines shall be substantially at right angles or radial to street lines.
(6) No lot shall have an average depth that is more than three and one-half times its average width unless otherwise allowed by the Planning and Zoning Commission.
(7) Pipe roof drain: roof drains shall either be to the street pavement via. two (2) cored- holes per lot, or tied directly to the curb under drain as determined by the Technical Review Group.
1115.04 STREET LIGHTING.
(a) Street lighting shall be required, designed and installed by the subdivider. Street lights every 200 feet on opposite sides of street. Illumination provided shall be uniform and compatible with adjacent light sources. Energy efficient lamps, controlled by dusk-to-dawn photocells, are required unless otherwise directed by the Municipal Engineer.
(b) The Planning and Zoning Commission shall approve the selection of lighting fixtures that are to be used in the subdivision.
(c) The developer shall be required to set up an assessment on each lot to cover the cost of operation of street lights within the subdivision.
1115.05 TRAFFIC CONTROL AND STREET SIGNS.
(a) All traffic and street name signs shall be installed by the subdivider and shall conform to the requirements as set forth by the Municipal Engineer. A schedule of traffic signs conforming to the current Ohio Manual of Uniform Traffic Control Devices shall be submitted for review and approval by the Municipal Engineer.
(b) For all required traffic control signals, the subdivider shall install mast arms.
(c) All traffic control devices shall conform to Commercial Point standards.
(d) The developer may be required to provide painted cross walks and stop bars at intersections and other places as may be appropriate to facilitate pedestrian traffic.
1115.06 WATER.
Adequate public water service shall be provided for all lots in conformance with the following criteria:
(a) All water mains shall be PVC AWWA C-900 or C-905, AWWA C-909 CL-150 or HDPE, AWWA C-906, DIPS, DR-11 minimum.
(b) All water mains and appurtenances shall be constructed in accordance with the rules, standards, and specifications of Commercial Point and shall be reviewed, tested, and approved by the Municipal Engineer prior to acceptance by the Village.
(c) Service connections shall be HDPE DR-9 with stiffeners at every coupling, installed at the time the water main is installed.
(d) The minimum size of mains shall be 8-inches, unless prior approval from the Technical Review Group.
(e) Minimum cover shall be 48 inches.
(f) New waterlines, along with sanitary sewers and storm drains shall be placed within the roadway right-of-way and meet the required horizontal and vertical separations as set forth by the OEPA.
(g) The following requirements shall be met for fire protection:
(1) In a residential single-family area, there shall be a minimum distribution of fire hydrants on a ratio of one to each 120,000 square feet of area. The distance between fire hydrants shall not exceed 400 feet, and one hydrant shall be placed at the dead-end of a cul-de-sac.
(2) In commercial, business, industrial, and multi-family areas, there shall be a distribution of public and/or private fire hydrants on a ratio of one to each 80,000 square feet of area. A minimum of one hydrant shall be provided within 300 feet of every building or part thereof with a minimum of one additional hydrant within 500 feet of every building or part thereof.
(3) Fire hydrants shall be placed two (2) feet clear behind the back of curb, whenever possible, or eight (8) feet clear behind the edge of pavement in uncurbed streets. Fire hydrants shall be placed a minimum of forty (40) feet from buildings protected whenever possible.
(4) Computations may be required to verify that the minimum fire hydrant flow in the proposed improvement meets the requirements for the appropriate insurance ratings. The computations shall be based on a Hazen Williams coefficient of 100. For residential, (single family) areas, the fire flow should be 1,000 gpm at 20 pounds per square inch (psi). For industrial, multi-family, or commercial areas, the fire flow should be a minimum of 2,000 gpm at 30 psi. Higher flows may be required depending on the type of use. Fire flows shall be provided in addition to maximum daily requirements.
(5) Fire hydrants shall conform to AWWA C502 and shall be Mueller Company A423 Super Centurion or American Darling B84B fire hydrants. All hydrants shall be supplied with five (5) inch 30-degree Stortz fitting. A maximum of one extension shall be permitted per hydrant. The hydrants shall have a 6-inch mechanical joint inlet connection, a 5¼-inch main valve opening, two 2½-inch hose nozzles, and one 4-inch pumper nozzle with coarse thread (4 per inch). All outlet nozzles shall have National Standard threads. Hydrants shall be furnished with a 5-foot bury depth unless otherwise shown on the plans. Hydrants shall be self- draining. A drainage sump 2 feet in diameter and 2 feet deep shall be excavated below each
hydrant and filled with coarse gravel or stone, compacted in place, under and around the shoe of the hydrant and to a level of 6 inches above the waste opening. No drainage sump shall be connected to a sanitary sewer. The operating nut shall be pentagon. Fire hydrants shall be factory painted grenadier red. One hydrant wrench shall be furnished with each five hydrants.
(h) Valves shall be placed outside of pavement wherever practical. In general, two valves shall be installed at every main line tee, and three valves shall be placed at every main line cross. The distance between main line valves shall be in accordance with the OEPA's Ten-State Standard.
(i) At high points in water mains where air can accumulate, provisions shall be made to remove the air by means of air / vacuum release valve or fire hydrant as determined by Commercial Point.
(j) All tees, bends, plugs, and hydrants shall be provided with reaction blocking and an approved restraining system designed to prevent movement. Restraining systems shall be epoxy coated.
(k) Meters shall be supplied by the Municipality and paid for by the customer.
(l) The subdivider shall provide the Municipality with all required OEPA approvals and pay all OEPA and associated review fees.
(m) Fire Department connections to a building fire sprinkler system shall be a 5-inch Stortz- type connection.
(n) Location of the connections set forth in subsection (m) above will be determined by the local fire authority.
(o) All valves and hydrants shall include factory installed stainless steel trim bolts and nuts.
(p) Curb boxes shall be Ford arch pattern type boxes with an extension road provided.
(q) All water fitting appurtances shall be American made.
1115.07 SANITARY SEWERS.
Each lot shall be served by an adequate sanitary sewage collection and disposal system.
(a) (1) All sanitary sewer pipe shall be PVC sewer pipe ASTM D-3034, SDR 35 and ASTM F-679 or HDPE minimum DR-17. All pipes shall have sufficient strength to withstand an HS-20 live load. If PVC pipe is used, a mandrel test is required just prior to expiration of the 1-year guarantee to assure maximum deflection of five percent (5%) has not been exceeded. Any pipe that fails this test will be replaced at the subdividers expense.
(2) PVC pipe, shall be shop tested in accordance with the City of Columbus Construction Inspection Division's quality control program at the subdivider's expense. A report of the material tests shall be provided to the Municipal Engineer.
(b) New sanitary sewers, along with waterlines and storm drains, shall be placed within the roadway right-of-way and meet the required horizontal and vertical separation as set forth by the OEPA. All sanitary sewage collection systems shall be constructed in accordance with the rules, regulations, standards and specifications of Commercial Point, OEPA's Ten-State Standards and the Ohio Department of Health.
(c) A map must be provided delineating the contributing area in acres to the sanitary sewer system. All sanitary sewer manholes shall be numbered, consistent with the numbering on the improvement plans. A copy of the location map may be used for this purpose.
(d) Sanitary sewers shall be designed in accordance the latest edition of OEPA's "Ten States Standards."
(e) The subdivider shall provide the Municipality with all required OEPA approvals and pay all OEPA and associated review fees.
(f) Minimum collection line size shall be eight (8) inches.
(g) All sanitary sewer manholes and covers shall conform to Commercial Point Standard Drawings.
(h) Service shall be provided to each lot. If basement service is not provided, it shall be so noted on the sanitary sewer improvement plans and on the final plat. Risers shall be provided where the service is greater than twelve (12) feet deep, provided that basement service will still be provided.
(i) All sanitary sewers shall be videotaped in DVD format after construction prior to acceptance of the sewers by the Municipality. The DVD shall remain the property of the Municipality. The DVD shall clearly identify the location of the camera within the sewer, date and time of DVD, and be of sufficient quality to determine the condition of the sewers.
(j) The top of the manhole cover shall be flush with the finished grade of the surrounding area. Covers are not permitted to be buried nor be above final grade.
(k) Plan view on sanitary sewer plans must include the following: (TBC by engineer).
1115.08 DRAINAGE.
An adequate storm drainage system shall be provided for each subdivision/development. The design of said system shall be prepared using the Rational method and shall be based on a minimum of two (2) year frequency. Rainfall intensity, runoff coefficients, and concentration
time used in computing flows and structures sizes shall be in accordance with the tables, charts, and the data established by the Municipal Engineer for such calculations. All areas which contribute storm water to the proposed drainage system must be considered on the determination of the sizes of structures and channels.
A. A separate grading plan shall be submitted at a scale of 1” = 50’ or 1” = 100’. The grading plan shall indicate ground elevations with existing and proposed contours shown at intervals of not more than 5 feet where the slope is greater than 10 percent and not more than 2 feet where the slope is less than 10 percent. Sufficient proposed elevations must be shown such as at all lot corners, etc. in order to explain the proposed grading. First floor elevations of all existing and proposed structures shall be included. Routing of the major storm shall be shown. Sanitary sewer and storm sewer top of castings must be shown on the grading plan.
The minimum building elevation adjacent to the 100-year routing path shall be set a minimum of 1 foot above the 100-year flood elevation. No basement entrances, windows, or basement level garages shall be permitted adjacent to and below the 100- year routing path.
Swales necessary to carry surface water must have a minimum gradient of 1.0 percent.
B. Storm Sewer Requirements.
1. Minimum cover for storm sewer pipe shall be 1 foot clear from the bottom of the curb and gutter or from the bottom of the under-drain to the outside top of the pipe except as approved by the Village Engineer. Maintain a minimum of 2 feet of cover from the finished ground surface to the outside top of the pipe for any storm sewer system located beyond the limits of street right-of-way.
2. Standard headwalls are to be constructed at the inlet and outfall of all storm sewers, and shall be shown on the plan and profile.
3. The invert of the first storm sewer appurtenance shall be above the computed floodplain elevation, unless otherwise permitted by the Village Engineer.
4. Pipe for storm sewers shall not be less than 12 inches in diameter. All storm sewer piping shall be extra strength vitrified clay, reinforced concrete, or ductile iron. Other materials may be approved at the direction of the Village Engineer. All piping shall have sufficient strength to withstand an HS-20 live load.
5. All drainage calculations, drainage area outlines, and contributing areas used in drainage design shall be furnished on a print of the grading plan.
6. The inverts of all curb inlets, manholes, yard inlets, and other appurtenances shall be formed to reduce turbulence to a minimum.
7. Manholes shall be provided at all changes in alignment and grade of storm sewers and at such other locations as necessary to maintain a maximum interval of 500 feet between manholes or storm sewers.
8. Storm inlet or catch basin grates shall be of a type to permit safe crossing by bicycles as approved by the Village Engineer.
9. The maximum distance for overland flow shall be 300 feet before entering a surface yard inlet or 400 feet before entering a curb inlet. Except, that the maximum overland drainage area tributary to any yard inlet or curb inlet shall not exceed 1.5 acres. The maximum spacing for curb inlets shall not exceed 400 feet unless approved by the Village Engineer. The maximum spread of flow during a 2-year
storm shall not exceed 8 feet for 30-foot wide streets and 9 feet for streets wider than 30 feet. Spread calculations may be required, at the discretion of the Village Engineer.
10. All storm water runoff shall be conducted through storm drainage systems up to and including the equivalent of a 72-inch diameter pipe.
11. The flow lines of pipes shall be set such that either the crown, or the 0.8 depth points, at junctions, are at the same elevation. However, the crown of the outlet pipe may be lower.
12. Where an open watercourse is permitted, an easement shall be provided at least equal to the area required for the 100-year rainfall. Also, the easement shall be shown on the final plat as a “Watercourse and Utility Easement.” Restrictions as to the use of this easement shall be shown on the final plat.
13. No water will be allowed to cross a street intersection unless it is carried in storm sewer.
C. Storm Sewer Design Criteria
1. The method outlines herein will provide a general guide as to the criteria and procedures to be used for storm sewer design.
A. The rational method shall be used for all storm water drainage design for areas up to 200 acres. Storm sewers shall be designed to carry a 2-year storm flowing full Q=CIA, in which
Q = Quantity of storm water runoff in cubic feet per second.
C = Coefficient of runoff (0.4 for single-family residential areas).
I = Average rainfall intensity in inches per hour for the period of concentration to the point under consideration. The minimum length of time of concentration is 10 minutes to a curb inlet or 15 minutes to a ditch catch basin.
A = Drainage area in acres tributary to the point of concentration.
B. For drainage areas over 200 acres, the method explained in “Urban Hydrology for Small Watershed, Technical Release No. 55” (can be obtained from the Soil Conservation Service, U.S. Department of Agriculture) shall be used.
2. The minimum time of concentration to the first curb inlet shall be 10 minutes. The minimum time of concentration to the first catch basin shall be 15 minutes.
3. Storm sewer pipe sizes are to be determined by using Manning’s Formula with a minimum coefficient of roughness of n = .013.
4. The minimum allowable velocity shall be 3 feet per second (fps) in pipe. The maximum allowable velocity shall be 7 fps.
5. A hydraulic grade line check based on a 5-year storm may be required, at the discretion of the Village Engineer.
D. Open Watercourses
1. Access to storm drainage ditches and channels shall be assured by means of maintenance easements. Such maintenance easements shall be not less than 20 feet in width, measured horizontally from the top of the bank, exclusive of the width of the ditch, or channel, and shall be provided on each side of the ditch. Maintenance easements are to be kept free of obstructions. Detailed provisions
regarding the entities to be responsible for maintenance of the facility shall be submitted in text form with the subdivision plat. As applicable, notes regarding maintenance shall be made on the plat.
2. Design Storm Frequency for Open Channels shall be based on bank full for 10- year storm, with a 1 (one) foot freeboard.
3. The minimum velocity for open channels shall be 2 feet per second. The maximum velocity is dependent on the type of channel protection provided. The desirable minimum grade for open channel is 1.0 percent.
The Manning “n” Values shall be as follows: Sod or jute mat lining 0.05
Paving lining 0.015
Rock Protection 0.08
The Municipal Engineer on a case-by-case basis will review manning “n” values for other lining materials.
The minimum side slope shall be 3:1 for unprotected slopes and 2:1 for slopes protected with riprap. Flatter slopes are more desirable. Steeper slopes for materials other than riprap will be reviewed on a case-by-case basis.
4. If the proposed improvements are located in a floodplain area as identified by the Federal Emergency Management Agency, the limits of this floodway and floodway fringes must be shown on the improvement plans.
E. Storm Water Detention
1. If the post-development runoff volume is greater than the predevelopment runoff volume, storm water detention must be provided in accordance with the following table:
Increase in 2-year Control Design
Volume of Runoff Frequency (Critical Storm)
1 – 2 Times 10-year
2 – 3 Times 25-year
3 – 4 Times 50-year
Over 4 Times 100-Year
The maximum allowable release rate shall be based on the 2-year storm under pre-developed site conditions, for all rainfall events up to and including the critical storm. The maximum allowable release rate for storms greater than the critical storm shall not exceed the pre-developed rate for the same frequency storm, for storms up to and including the 100-year storm.
“Total Runoff Volume Computations Worksheet,” in the Village of Commercial Point Specification, Materials, and Standard Drawings Manual should be used to determine pre- developed and post developed runoff volumes, runoff volumes for critical storm, and required detention volume calculations.
Detention basins shall be lined with riprap or other bank protection as approved by the Village Engineer, extending at least 3 feet horizontally and 2 feet vertically from the established water table line. Soils information shall be provided to demonstrate that the retention basis will be impervious.
All wet basins shall have fountains approved by Planning Commission. Dry basins must have concrete channels to handle low flows.
Detention basins shall have a minimum 1 percent slope.
All control facilities shall be designed with overflow provisions to handle the developed 100- year discharge.
1115.09 BRIDGES.
Bridges over walkways or watercourses shall be designed to ODOT standards. Calculations shall be submitted to the Municipal Engineer to demonstrate that these standards have been met.
1115.10 EROSION AND SEDIMENTATION CONTROL.
(a) Measures shall be taken to minimize erosion and its impact during subdivision construction activity. Prior to construction, a copy of the Notice of Intent (NOI) to use the Ohio Environmental Protection Agency's General Construction Permit, as well as the storm water pollution prevention plan prepared as part of the NOI, shall be submitted with the improvement plans for review by the municipality. All erosion control devices shall be in place at the start of construction and maintained by the subdivider at all times, and other measures implemented according to the approved time schedule. Such erosion control devices, techniques and other measures shall not be removed and/or disturbed until earth disturbing activities on the site have been concluded.
(b) Erosion control plans shall be based upon controlling erosion on-site, with the object of eliminating or minimizing erosion or sedimentation impacts off-site. Erosion and sedimentation control plans shall follow the OEPA NPDES Phase II Permit and be approved by the municipal engineer.
(c) Erosion and sedimentation control techniques will be inspected by the municipality to ensure compliance with the State's General Construction Permit. The cost for this inspection shall be stipulated by ordinance. Failure to maintain erosion and sedimentation control measures as approved by the municipality is a violation of these Subdivision Regulations.
1115.11 LANDSCAPING.
(a) All improved areas within dedicated street rights-of-way shall be graded, friable soil, and seeded in accordance with current standards of the municipality and in a manner approved by the Construction Services Administrator.
(b) The number, type and location of trees to be planted, excluding the dedicated street right-of-way, shall be based upon the existing trees preserved on the site and shall be shown on a landscaping plan to be submitted with the final plat. Landscaping plans shall be in accordance with a master tree plan. Where such plans do not exist, the subdivider shall provide the following per lot: 1-Shade Tree (maple family, 1 1/2 - 2 inch), two shrubs 3-4 feet (pyramidal Evergreens), 2 shrubs 2-3 feet (flowering shrubs), 4 shrubs 18-24 inch (spreading evergreens), and 12 bags of mulch.
(c) The subdivider shall be responsible for the establishment of required plantings and such responsibility shall extend one year from the date of original planting. A bond shall be posted to ensure the planting and replacement of trees, and may be reduced as trees are planted. The Planning and Zoning Commission may require tree buffers or landscaped mounds between adjoining properties.
(d) An irrigation system shall not be allowed within the dedicated public street right-of-way.
(e) All tree and shrub planting shall follow ANSI A300, latest edition, Part 6 “Transplanting Standard".
1115.12 HILLSIDE REGULATIONS.
(a) Cuts and Fills. No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one (1) foot for every two and one-half feet of horizontal distance between abutting lots, or between adjoining tracts of land, unless a retaining wall of sufficient height and thickness is provided to retain the graded bank, or other acceptable control measures are provided.
(b) Compaction of Fill. All fill outside the right of way shall be compacted to a density of ninety-eight percent (98%) dry density or greater, to within four (4) inches of finished grade.
(c) Retaining Walls. Retaining walls may be required whenever topographic conditions warrant or where necessary to retain fill or cut slopes within the right-of-way. Such improvements shall require the approval of the Municipal Engineer.
1115.13 (reserved)
1115.15 PLATTED EASEMENTS.
The following standards shall govern the provision of easements:
(a) Where a subdivision is traversed by a water course, drainage way, channel, storm conduit or stream, there shall be provided to the Municipality, a storm drainage easement or drainage right-of-way on forming substantially with the lines of such water course and containing additional width as required for maintenance.
(b) Easements, a minimum of ten (10) feet in width shall be provided adjacent to each side of and contiguous with all proposed rights-of-way. Such easements shall be used for any and all public or private underground utilities, street trees and other public facilities.
(c) Utility or drainage easements across lots or alongside or rear lot lines shall be a minimum twenty (20) feet in width. The Municipal Engineer may require additional width where appropriate, based on the proposed usage. If a proposed utility is outside the right-of-way, a minimum of 7½ feet of clearance must be provided between the centerline of the proposed utility and the edge of the easement. If a proposed utility is within the right-of-way, an easement must be provided adjacent to the right-of-way if the utility is less than seven and one-half (7½) feet from the right-of-way line.
(d) Where subdivisions are adjacent to schools, parks, or other public facilities, access easements shall be provided to those facilities where deemed appropriate by the Planning and Zoning Commission. Such access easement shall be a minimum of twenty feet in width and side yard setbacks for adjacent lots shall be measured from the easement.
1115.16 LOCATION OF PRIVATE UTILITIES.
All utilities (including, but not limited to, gas, electric, telephone, and CATV cables) shall be located underground throughout the subdivision. Wherever existing utility facilities are above ground, unless otherwise stipulated by the Municipal Engineer, they shall be placed underground.
CHAPTER 1117
Bonds, Insurance, Fees and Inspection Process
1117.01 GENERAL REQUIREMENTS.
Prior to final approval of any plat, the following bonds, deposits and insurance policies shall be provided to the municipality by the subdivider:
1117.02 BONDING REQUIREMENTS.
(a) Purpose. A performance bond shall be posted by the subdivider to guarantee to the Municipality that in the event the required public improvements and utilities, which were an integral part of the approved final plat, are not installed, the Municipality may install such required public improvements and utilities at the expense of the subdivider.
(b) Performance Bond Requirements. The required bond shall be so worded as to ensure the completion of the improvements, to the extent required by the Subdivision Regulations or which may be required by the Planning and Zoning Commission, including the construction of all streets and bridges, all sidewalks and curbs and the installation of a storm drainage system, all sanitary sewage facilities, water services, and the setting of all monuments.
(1) The applicant shall file with the Municipal Clerk a surety bond in favor of Commercial Point. Such bond must be executed by a surety company authorized to enter into such bonds under the laws of the State of Ohio. The bond shall be in such amount and in such form and contain such conditions as the municipality may require.
(2) Should a subdivision be approved in sections, the above requirements may be applied by section, rather than to the subdivision as a whole at the option of the subdivider unless specifically required by the Planning and Zoning Commission. Requirements by the Planning and Zoning Commission may include thoroughfare and infrastructure improvements that are deemed appropriate for the large development and necessary for incremental development of the section.
(c) Term of Performance Bond Extension. The Construction Services Administrator may extend the term of the performance bond upon a written request from the subdivider when good cause for delay is shown and the surety company agrees to the extension.
(d) Maintenance Bond. Prior to the release of a performance bond, the subdivider shall present a maintenance bond in an amount as stipulated by ordinance based on the value of the public and private improvements required by the approved improvement plans and the subdivision regulations. The developer or designated representative shall contact the Construction Services Administrator to schedule a meeting with Municipal officials during the eleventh (11th) month of the first year of the maintenance bond to perform an inspection of the improvements. Any deficiencies shall be documented in writing and provided to the developer who shall take appropriate action in addressing said deficiencies.
After all deficiencies, if any, have been addressed to the satisfaction of the municipality, the maintenance bond may be reduced in an amount determined by the Construction Services Administrator to cover street improvements for an additional four (4) years.
No Certificate of Zoning Compliance or Building Permit shall be issued in the approved subdivision, or section thereof, until the required maintenance bond is accepted.
(e) Release of Performance Bond and "As Built" Drawings. Request for the release of a performance bond upon completion of all required improvements including "punch list" items must include "as built" drawings to include any changes from the approved improvement plans, including grading plan for storm drainage. Two hard copies of the "as built" drawings must be submitted and in electronic format (CD/DVD) in either jpeg or tif format, with GPS/GIS
files. The "as built" drawings shall be reviewed and approved by the Municipal Engineer, showing the location of said improvements, as constructed, in both plan and profile. The "as built" drawings and revised grading plan shall be respectively signed by a licensed engineer or surveyor licensed in the State of Ohio.
(f) Bond Instructions.
(1) The bond form obtainable from the Construction Services Administrator is the only one acceptable to the municipality.
(2) The bond must be for the total amount required by the municipality.
(3) Power of Attorney of person signing on behalf of the surety company must be attached to the bond if not already on file with the municipality.
(4) If the person acting as attorney for the surety company is not a licensed resident agent of the State of Ohio, then a licensed Ohio resident agent of the company shall countersign this bond.
(5) The signatures of two witnesses are required on the bond.
(6) If the subdivision applicant is a corporation, then the corporate seal must be shown in addition to the seal of the bonding company.
(7) The bond must show the bond number and the name of the bonding company's local agent.
(8) Commercial Point requires a completion date of two (2) years (Performance Bonds only).
(g) Cash Bond. The Municipality may, as its discretion, require the posting by the developer of a cash bond in lieu of any or all of the provisions of this Section. Interest on such bond shall accrue to the developer, but in no event shall be payable thereto until performance has been completed in accordance with all of the provisions of the Regulations. The Municipal Engineer shall determine the amount of such bond.
1117.03 INDEMNITY INSURANCE.
A policy of indemnity insurance for personal liability and property damage, in the amount as stipulated by ordinance, protecting the Municipality against any claims for damage to person or property resulting from or by reason of the construction of the required improvements, shall be furnished to the Municipality and maintained in force by the subdivider. The insurance policy shall remain in full force and effect until all improvements are completed and maintained to the satisfaction of the Council.
1117.04 FEES.
Subdividers shall be responsible for payment of the following fees, which shall be submitted with the plats. These fees are subject to review and revision by the Planning and Zoning Commission and the Legislative Authority.
1. For processing of a Preliminary Subdivision Plat, the sum of $400.00, plus $5.00 per lot for each plat.
2. For processing of a Final Subdivision Plat and final improvement plans, the sum of $200.00, plus $10.00 per lot, plus two percent of the estimated construction cost.
3. For processing of Minor Subdivision Plats that require improvement plans, two percent of the estimated construction cost ($600 minimum).
4. For processing of Minor Subdivision Plats that do not require improvement plans, the sum of $400.00 plus $10.00 per lot.
5. Processing of resubmitted Final Plats are subject to a fee of $5.00 per lot, and are subject to a fee of up to 50 percent of the original fees.
6. A retainer for all inspection fees, supervision, and testing of materials, in the amount of five (5) percent of the cost of construction of the required improvements based upon the subdivider's detailed estimate of said cost as approved by the Municipal Engineer. Said fee to be paid prior to the beginning of construction. If the inspecting, supervision, and testing fees are anticipated to exceed the retained amount, an additional amount will be required to be deposited. Any of these amounts remaining at the completion of construction will be returned to the subdivider.
7. Tests performed for the Village by commercial laboratories to verify compliance with construction standards shall be billed to the subdivider at the rates charged by the laboratories.
8. If the fees collected for processing of plats exceed the costs incurred by the Village, the balance will be returned to the subdivider.
9. For Re-Zoning of a Planned District, the sum of $500 (five-hundred) dollars.
10. Site Development Plan Fees: Major, $.10 per sq.ft.; maximum fee of $2,500 and a minimum fee of $500. Minor Site Development Plan Fee, $100 (one hundred).
11. Flood Plain Development Permit Fee, the sum of $ 500 (five-hundred) dollars.
In addition to the required fees for processing a subdivision application, said fees as stipulated by ordinance, the subdivider shall be responsible for the following:
(a) Payment to the municipality of a retainer for inspection, monitoring and the testing of materials consisting of an amount as stipulated by ordinance of the construction cost of the required improvements based on the subdivider's engineer's detailed estimate of said costs as reviewed by the municipal engineer. Any retainage remaining at the completion of the construction will be returned to the subdivider. If the inspection, supervision and testing fees are anticipated to exceed the original retainage amount, the subdivider shall be required to deposit additional fees to the municipality. The Construction Services Administrator shall inform the subdivider if this situation should occur. The municipality may temporarily stop construction work until additional retainage has been provided.
(b) A water tower maintenance impact fee of one-thousand dollars ($1,000) per each platted lot. This fee will be paid in phases at the time each phase is approved for construction.
(c) Other applicable fees as stipulated by ordinance.
1117.05 CONSTRUCTION INSPECTION PROCESS.
(a) Pre construction Meeting Required. Prior to the construction of improvements, a pre- construction meeting shall be required between the subdivider and/or designated representative(s) and the municipality's Construction Services Administrator, Municipal Engineer, who shall chair this meeting, Director of Public Works, and Planning and Zoning Administrator. The purpose of this meeting is to review the construction schedule and related details, as well as the inspection process. The subdivider shall contact the municipality's Engineer to schedule this meeting. The required performance bond, retainage fees for inspection, monitoring and testing, and municipal engineering review fees shall be submitted to the municipality no later than the preconstruction meeting.
(b) Construction Inspection Process. Following completion of improvements, the municipality's Construction Services Administrator will conduct a walk-through of the project and, if necessary, prepare a detailed punch list of items that are not in compliance with municipal standards and regulations. The municipal engineer, Director of Public Works, Manager Division of Water and Water Reclamation, shall review this punch list for accuracy before the list is released to the subdivider. The subdivider is responsible for addressing all items on the punch list. The Construction Services Administrator, upon notice by the subdivider, will reinspect said items and inform the Planning and Zoning Administrator when completed.
(c) Notwithstanding anything in the foregoing paragraph to the contrary, erosion and sedimentation control measures shall be maintained throughout all land disturbing activities, in accordance with the approved storm water pollution prevention plan.
(d) Compliance Inspections. Periodic inspections of a land disturbing activities' erosion and sedimentation control measures will determine either partial compliance or non-compliance with erosion and sedimentation control regulations. Partial Compliance is defined as erosion and sedimentation control measures that are found to be in need of repair or maintenance or when practices fail to provide their intended function. Non-compliance is defined as erosion and sedimentation control measures are not installed or implemented or when partial compliance schedules are not adhered to.
(1) Should land disturbing activities be found to be in partial compliance, a notification will be issued by the Construction Services Administrator that will require full compliance within three (3) working days, unless it is found that the practices fail to provide their intended function, in which case there will be ten (10) calendar days to submit a revised storm water pollution prevention plan and implement new control measures.
(2) Should land disturbing activities be found to be non-compliant, a notification will be issued that will require full compliance within ten (10) calendar days, including weekends and holidays.
CHAPTER 1130
Planning and Zoning Residential Standards
1130.01 ARCHITECTURAL DIVERSITY (SAME HOUSE MODELS NEXT TO EACH OTHER).
All single-family residential developments shall incorporate architectural diversity whereby (a) the same house model and elevation shall not be directly across the street and (b) a minimum 2- lot separation shall be required between the same house model on the same side of the street or diagonal from each other.
1130.02 BUILDING ENVELOPE.
The dimensional space within which a building or structure is permitted to be built on a lot and that is defined by minimum yard setbacks.
1130.03 CHIMNEYS.
Cantilevered and Shed type chimneys are permitted only if located on the rear of the house and not visible from the street. A chimney built “inside” the exterior wall or built inside the house or residential unit shall be exempt from this requirement.
All chimneys shall be constructed out of masonry or stucco. Except for cantilevered and shed chimneys, chimneys shall extend the full height of the abutting vertical wall plane.
1130.04 DRIVEWAYS.
Driveways for residential and non-residential developments shall consist of concrete, asphalt, or brick pavers. The Planning and Zoning Commission may permit a similar construction material as an alternative only upon prior approval. All driveway aprons shall be concrete. All driveways shall be a flat, earth tone color.
1130.05 FOUR-SIDED ARCHITECTURE.
(a) The purpose of requiring four-sided architecture on all residential dwellings is to avoid large areas of blank exterior walls. Each side or rear elevation must contain at least two design elements and each front elevation must contain at least three design elements. On two-story dwellings, it is preferable that each story on a single elevation contains at least one design element. Typical design elements are included below, but this list is not all-inclusive.
(b) The eligible design elements are as follows:
(1) A door of at least seventeen square feet in area.
(2) A window of at least six square feet in area. Windows closer than ten (10) feet shall be considered as one (1) element. A set of adjacent windows, such as double or bay windows, shall be considered as one element.
(3) A chimney.
(4) An articulated gable vent of at least 4 square feet in area.
(5) Porches, decks or similar structure.
(6) A similar significant permanent architectural feature consistent with the style of the house only upon prior approval by the Planning and Zoning Commission.
(7) The use of three-tab type roof shingles is not permitted.
(8) Twenty percent (20%) of all platted lots shall have partial natural finishes, of stone, stucco, or brick on the front elevation.
(9) Additionally, ten percent (10%) of all platted lots shall have natural finishes of stone, stucco, or brick.
1130.06 GARAGES.
All single-family residential developments may have a mix of front loaded and side loaded garages. There is no minimum of lots that must be designed for a standard side entrance garage. Side loaded garages may be used on lots where side-entry garages can be accommodated, typically sixty-five feet wide and wider lots. For corner lots, the garage shall be oriented towards the “lower” defined street classification as determined by the Planning and Zoning Commission. Garage doors shall be a maximum ten feet height. If there is a living area above the garage, the maximum height of the garage shall be thirty-five feet. Otherwise, the maximum height of the garage is eighteen feet.
1130.07 FRONT LOADED GARAGES.
(a) May not project or be set back more than four feet from the front line of the livable area of the home. A covered or uncovered porch shall not be considered a livable area of a home.
(b) Garage doors shall not exceed fifty percent (50%) of the house width (frontage). Where more than a standard two car front loaded garage is provided, the additional garage bay(s) shall be offset from and architecturally designed to appear separate and distinct from the two car garage.
1130.08 SIDE LOADED GARAGES.
(a) Side loaded garages may be loaded from an inside court area.
(b) The garage elevation facing the street must incorporate design features also found in the front elevation of the home including, but not limited to, windows.
1130.09 HOUSE SIZE AND SETBACKS.
Dwelling Type | Ground Floor Area (sq. ft.) | Finished Floor Area (sq. ft.) | ||
1 Story | 1,500 | 1,500 | ||
1 ½ Story | 1,250 | 1,700 | ||
2 Story | 950 | 1,900 | ||
Split Level | 1,500 | 1,500 | ||
Min. Lot Area | 14,375 | |||
Max. Lot Coverage | 30% | |||
Min. Lot Width & Depth | 80 ft. by 180 ft. | |||
Lot Width on Curving Street or Cul-De-Sac | 45 ft at ROW 80 ft at Building Lint | |
Front Yard Setback | 30 ft. | |
Side Yard Setback | 10 ft. each side | |
Rear Yard Setback | 30 ft; 8 ft. for Accessory Bldg. | |
Max. Building Height | 35 ft. or 2 Stories | |
Basement Required | Yes if over 20 ft. height or 1 ½ Stories |
1130.10 LANDSCAPING, REQUIRED.
All residential and non-residential lots shall have a minimum of 200 total square feet of landscaping in the front and side yards, consisting of shrubs and perennial flowers and at least one tree, in accordance with a landscaping plan approved by the village, If block is used for the foundation, any fully exposed block above final grade shall be of a premium or upgraded decorative material compatible with adjacent natural materials.
1130.11 LOT COVERAGES.
Lot Coverage shall mean the ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings or structures on a lot to the total lot area. Included in this ratio are porches, decks, patios, and outdoor pools.
1130.12 PARKS AND GREEN SPACE.
All residential developments are required to address parkland and green space needs. The Planning and Zoning Commission shall determine whether a parkland is to be an active park or a passive park, green space, or some combination. A parkland is to be developed according to the approved plan at the beginning of the residential development. Only forty percent (40%) of a required parkland acreage can be located within the 100-year floodplain.
(a) Active Park: Active park land shall contain usable areas reasonably dry most of the time for future buildings and structures. The developer is required to install the park’s play equipment as determined by the Planning and Zoning Commission. A park development plan that includes the type and location of play equipment shall be approved by the Commission.
(b) Passive Park: The developer is required to install the park’s furniture as determined by the Planning and Zoning Commission. A park development plan that includes the type and location of play equipment shall be approved by the Commission.
(c) Developer Providing Land for Village Utilities in Lieu of Parkland or Green Space: If the Village determines that space in a development is needed for utility improvements, including but not limited to a water tower, booster, lift station or such, that space shall be donated and deeded to the Village and may be considered part of the required green space or parkland.
APPENDIX A
APPENDIX B - Final Plat Language
The following wording shall be shown on the final plat:
Situated in the Village of Commercial Point, County of , State of Ohio, and being of Section , Township Range (Land Grant - U.S. Military Lands, etc) containing acres and being the same tract as conveyed to and described in deed recorded in Deed Book , Page , Recorder's Office, _ County, Ohio.
We, the undersigned, being all the owners and lien holders of the land platted herein, certify that the attached final plat correctly represents our , a subdivision of lots
to inclusive, do hereby accept this final plat of same, and do voluntarily consent to the execution of said final plat. (NOTE: If any new streets are platted, the following statement must be included). All streets shown hereon will not be accepted for public use until such time as construction is complete and said streets are formally accepted as such by the Village of Commercial Point.
In Witness thereof have hereunto set their hands this day of
, 20 .
Witness Signed
Easements are reserved for the construction, operation and maintenance of all public and private utilities proposed above and beneath the surface of the ground, and where necessary, are for the construction, operation and maintenance of service connections to all lots and lands, and for stormwater drainage. Structures are not permitted within easements. No landscaping shall interfere with the right to construct, operate and maintain utilities and service connections, and shall not interfere with stormwater drainage.
In Witness thereof have hereunto set their hands this day of
, 20 .
Witness Signed
Surveyed and Platted by Civil Engineer and/or Surveyor
We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct and meets the minimum standards for boundary surveys in the State of Ohio. The dimensions of the lots and streets are shown in feet and decimal parts
thereof. Dimensions on curves are chord measurements. By
Registered Surveyor State of Ohio
Before me a Notary Public for said State personally came who acknowledged the signing of the foregoing instrument to be their voluntary act and deed (and voluntary corporate on partnership act and deed) for uses and purposes therein expressed.
In witness whereof I have hereunto set my hand and affixed my official seal this day of
, 20 .
Notary Public
Approved this day of , 20
Planning and Zoning Administrator
Approved this day of , 20 Chair, Planning & Zoning Commission
Approved this day of , 20 Municipal Engineer
This day of , 20 , rights-of-way for all roads, boulevards, etc., herein dedicated to public use are hereby approved and accepted as such for the Village of Commercial Point.
Mayor, Village of Commercial Point Clerk of Council, Village of Commercial Point
NOTE: This plat shall not be transferred or recorded until all above required signatures are placed on this final plat. This plat shall be recorded by ,
20 . Transferred this day of , 20 .
County Auditor
Filed for record this day of , 20 , at M. Recorded this
day of , 20_ , in Plat Book , Page No. Slot for Pickaway County.
County Recorder Deputy Recorder
Appendix C - Subdivider's Agreement
DEVELOPMENT AGREEMENT
This Agreement entered into this day of , 20 , by and between with address at (hereinafter the “Owner”) and the Village of Commercial Point with address at 10 West Scioto Street, Commercial Point, Ohio (hereinafter the “Village”) for the , a subdivision of the Village (hereinafter called the “Project”).
WHEREAS, certain ordinances of the Village in force on the date of this Agreement (hereinafter the “Subdivision Regulations”) require the Owner to enter into an agreement with the Village.
NOW, THEREFORE, the Owner and the Village, in consideration of the mutual covenants set forth herein, agree that:
I. OWNER RESPONSIBILITIES: The Owner shall:
1.1 Develop or cause the development of the Project in accordance with the Subdivision Regulations, Construction and Material Specifications and the construction plans approved by the Village.
1.2 Unless specifically stated otherwise, be responsible for the entire cost associated with developing the Project, including engineering and construction, fees and deposits.
1.3 Construct the following improvements contained in the Project (hereinafter the “Improvements”) and provide to the Village plans, specifications and supporting data describing the Improvements:
(a) Streets and parking areas, graded full width and paved including drainage structures, bridges, curbing and other improvements all as shown on the Village Standard Drawings;
(b) Sanitary sewers, including manholes, services and all appurtenances;
(c) Water distribution system including mains, services, valves, fire hydrants and all appurtenances;
(d) Storm sewers, retention ponds including manholes, inlets and all appurtenances;
(e) Monuments, stakes and all survey control required.
(f) Street signs designating the name of each street at each intersection within the Project. Street signs shall conform to the standards established by the Village;
(g) All other public improvements shown on the plan and plat as approved by the Village, including street lights.
(h) Dedication or granting of land necessary for all rights of way and dedication or granting of all easements necessary for the Improvements.
1.4 Await the Village’s approval of the plans and specifications before beginning any construction work.
1.5 Guarantee that the labor, material and equipment used to develop the Project meet the Village requirements by providing a performance bond equal to one hundred percent (100%) of the estimated construction costs of the Improvements, if the plat is to be signed.
1.6 Provide the Village at least three (3) day notice prior to beginning any construction work and will keep the Village advised of the work schedule throughout the development of the Project.
1.7 Prior to conditional acceptance of the Project by the Village, guarantee all labor, material and equipment incorporated in the improvements that will become public against defects and deficiencies, for at least one year, by providing either:
(a) A maintenance bond equal to twenty-five percent (25%) of the construction cost for the Improvements; or
(b) A certification to the Village by a financial institution or corporation acceptable to the Village Solicitor;
That funds equal to ten percent (10%) of the estimated construction cost for Improvements have been set aside in an escrow account;
That these funds cannot be released without a release by the Village;
That the institution or corporation holding the funds shall release to the Village any and all of the funds so escrowed for the purpose enumerated herein; and
That the escrow account will not be closed out without the approval of the Village with the final acceptance of the public improvements by the Village constituting release of the escrow account lacking any formal release by the Village.
1.8 Provide a written request for the maintenance guarantee release upon completion of at least one year maintenance period during which the Improvements are maintained in a satisfactory condition and all expenses incurred by the Village pursuant to this Project have been paid in full.
1.9 Cause the work described in the approved construction drawings, specifications and supporting data, as required herein, to be completed within a year of the approval of the construction plans unless approved otherwise by the Village.
1.10 Remove or cause to be removed such dirt, debris and foreign matter from all public rights-of-way and/or easement areas as were deposited, left or resulted from the construction of the Improvements or from the development of the Project, within twenty- four hours after being notified by the Village that such work is required. Such removal shall be done to the satisfaction of the Village Engineer.
1.11 Prior to acceptance or conditional acceptance of the Project by the Village, the Owner will:
(a) Provide the Village with the original signed plans, with two sets of prints, annotated to reflect the “as-constructed” conditions, the original recorded plat, and a copy of the “as-constructed” plans on a compact disc AutoCAD and PDF format, and GIS plan indicating all project utilities;
(b) Have all sanitary sewers cleaned and provide a bond guaranteeing that after two years or after the last home in this phase is completed, whichever is longer, all sanitary sewers will be re-cleaned and televised and a CD provided to the Village.
(c) Provide a Bill of Sale transferring ownership of all Improvements to the Village. The Bill of Sale shall be in a form acceptable to the Village
II. GENERAL TERMS:
2.1 When there appears to be, or there is in fact, a conflict between this Agreement and the Subdivision Regulations, the more stringent shall govern.
2.2 No conveyance shall be made of any lot or parcel smaller in frontage or area than indicated on the plat except for the purpose of increasing the area of another lot or expanding the width or length of a public right of way.
2.3 The Owner shall hold the Village free and harmless from any and all claims for damage of every nature arising or growing out of the construction of the Improvements or resulting from the Improvements and shall defend, at Owner’s own cost and expense, any suit or action brought against the Village by reason thereof, except such liability of the Village resulting from its sole negligence.
2.4 Upon violation of, or failure to comply with, any of the terms of this Agreement by the Owner, the Village may take any of the following actions:
a. Stop all work on the Project forthwith;
b. Continue any unfinished work or replace any unaccepted work to a point that any Improvements do not appear to create a health or safety hazard or create maintenance or repair expense to the Village because of their state of completion by:
1. Holding the bonding company responsible,
2. Using the certified check, or proceeds thereof, or
3. Using the funds in the escrow account.
2.5 This Agreement represents the entire and integrated agreement between the Owner and the Village for the Project and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruction signed by both Owner and Village.
2.6 The Owner and Village each binds himself/herself and his/her partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as set forth in this section 2.6, neither the Owner nor the Village shall assign, sublet, or transfer his interest in this Agreement
without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Owner and the Village.
2.7 Notices: Any notice required by this Agreement shall be conclusively presumed to have been received if in writing and if delivered personally or sent by registered or certified mail, postage prepaid, to the party to be notified at the party’s last address on file with the party sending the notice.
2.8 Legal Interpretation: This Agreement shall be construed and interpreted in accordance with the laws of the State of Ohio.
IN CONSIDERATION WHEREOF, the Village hereby grants the Owner the right and privilege to make the improvements stipulated herein.
IN WITNESS WHEREOF, the parties hereto have set their hand and seals, and have executed this Agreement on the day and year first above written.
VILLAGE OF COMMERCIAL POINT
ATTEST: By
OWNER
ATTEST: By
Its
ACCEPTED AS TO FORM:
Jg/je/VILLAGE OF COMMERCIAL POINT/DEV AGR-1.doc
TITLE THREE - Zoning Administration
1131.01 TITLE.
(a) Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code shall be known and may be designated and cited as "The Commercial Point, Ohio, Zoning Code," and heretofore may be referred to as the Zoning Code, or Code.
(b) Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Zoning Code as those governing the interpretation of the Ohio Revised Code (ORC).
1131.02 AUTHORITY.
This chapter is adopted pursuant to the authority contained in O.R.C. sections 711 and 731.
1131.03 JURISDICTION.
This chapter shall be effective throughout the Municipal planning jurisdiction. The Municipal planning jurisdiction comprises the area within the corporate boundaries of Commercial Point.
1131.04 EFFECTIVE DATE AND AMENDMENTS.
The provisions of this Zoning Code including the 2015 International Property Maintenance Code and 2018 Construction Specifications, Materials, and Standard Drawings are hereby adopted by this Ordinance 2018-2, dated September 6, 2018.
1131.05 PURPOSE.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements unless otherwise stated herein; adopted for the promotion of the public health, safety, convenience, comfort, prosperity and the general welfare by regulating and restricting the location of buildings and other structures and of premises to be used for trade, industry, residences and other specified uses; by regulating and limiting the height of buildings and other structures hereafter erected or altered; by regulating the bulk and location of buildings or other structures hereafter erected or altered, the percentage of lot occupancy, setback building lines and the area of yards, courts and other open spaces; and, for all of the purposes hereinbefore described, by dividing the Municipality into districts as herein provided, which districts are deemed and determined best suited to carry out such purposes.
1131.06 RELATIONSHIP TO EXISTING ZONING CODE.
This Zoning Code is adopted in whole and is a replacement of the Zoning Code of Commercial Point 04-07 dated 5/3/2004, which was by Codified by Ordinance 2008-14 on 12/1/2008.
1131.07 RELATIONSHIP TO COMPREHENSIVE PLANNING.
It is the intention of Council that this Zoning Code shall implement the planning policies adopted by Council for Commercial Point, as reflected in a comprehensive plan, land-use plan, and all other planning documents formally adopted by the Council. While the Council reaffirms its commitment that this Zoning Code and any amendment to it be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this Zoning Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
1131.08 NO USE OR SALE OF LAND OR BUILDINGS EXCEPT IN CONFORMITY WITH THIS ZONING CODE.
Subject to Chapter 1149, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his/her control except in accordance with all of the applicable provisions of this Zoning Code. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
1131.09 SEVERABILITY.
Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this Zoning Code is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible part of this Zoning Code since the same would have been enacted without the incorporation into this Zoning Code of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other divisible part.
1131.10 CONFLICTING ORDINANCES.
Where conflicts exist between requirements of this Zoning Code and ordinances adopted by Council, the strictest interpretation shall apply and thereby supersede the less strict requirements.
1131.11 AMENDMENTS; EFFECTIVE DATE AND REFERENDUM.
(a) Amendments, as per Chapter 1143, adopted by Council shall become effective thirty (30) calendar days after the date of such adoption unless adopted as an emergency. Such amendment fails to become effective if within thirty (30) calendar days after the passage of the ordinance there is presented to the Clerk of Council a petition, signed by a number of qualified voters residing in the Municipality equal to but not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit such ordinance to the electors of the Municipality for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the applicable County Board of Elections that the amendment has been approved by the voters it shall take immediate effect.
1131.12 RELATIONSHIP TO PUBLIC WORKS AND BUILDINGS.
Nothing in this Zoning Code shall be construed to prevent Commercial Point from constructing, repairing or maintaining public works or public buildings in the Municipality.
CHAPTER 1133
Definitions
1133.01 GENERAL INTERPRETATION.
(a) Except where specifically defined herein, all words used in this Zoning Code shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word "lot" includes the words "parcel" and "plot"; the word "building" includes the word "structure"; the word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; the words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) Words not particularly defined herein shall be defined as found in The New Illustrated Book of Development Definitions, Center for Urban Policy Research, Rutgers University. If not defined therein, words shall be defined as found in Random House Webster’s Unabridged Dictionary on CD-ROM.
1133.02 GENERAL DEFINITIONS.
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. Words in the singular shall include the plural and words in the plural shall include the singular. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. The word “day” shall mean a calendar day unless otherwise specified.
1133.03 DEFINITIONS.
(1) "Access Drive" means a way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
(2) “Accessory Building” means any building located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure’s use.
(3) “Accessory Structure” means any structure located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure’s use.
(4) “Accessory Use” means the use or partial use of a structure or land that is incidental and subordinate to the principle use of that structure or that land.
(5) “Adult Entertainment Uses" means any use of a sexual nature, including retail establishments selling publications and other material of a sexual nature, adult motion picture theater used for presenting films and other material of a sexual nature, and adult only entertainment establishment featuring services of a sexual nature.
(6) "Agriculture" means the production, keeping or maintenance, for sale, lease or personal use of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
(7) "Alley" or "Lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(8) "Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
(9) "Animal Hospital" means a place which animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
(10) “Artisan Studio” means a building or portion thereof used for the creation of original handmade works of art or craft items by no more than ten artists or artisans, either as a principal or accessory use.
(11) “Artisan Workshop” means a use primarily involving the limited on-site production of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment that does not exceed two (2) horsepower each or a single kiln not exceeding eight (8) cubic feet in volume and the incidental direct sale to consumers. Typical production includes: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.
(12) "Attention Getting Device" means a device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
(13) "Attic" means that part of a building which is immediately below and wholly or partly within the roof framing.
(14) "Automobile" means a self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
(15) "Automobile Car Wash" means any building or premises or portions thereof where mechanical devices are used for washing, detailing, or vacuuming automobiles.
(16) "Automobile Convenience Market" means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience food market or supermarket.
(17) "Automobile Parking Lot or Garage" means establishments primarily engaged in the parking or storage of motor vehicles on surface lots, garages, or other means where no other service is provided.
(18) "Automobile Repair and Services" means establishments primarily engaged in the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, tire dealers, battery dealers and other accessory dealers.
(19) "Automobile Sales" or "Trailer Sales" means the use of a building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, motorcycles, or recreation vehicles and where no warranty repair work and other repair service is conducted.
(20) "Automobile Service Station" means an establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds twenty five (25) percent of the total building area or five hundred (500) square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and bodywork, are conducted.
(21) "Basement" means a space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 and 1/2) feet.
(22) "Bedroom" means a private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
(23) "Best efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology, human resources and cost.
(24) "Boarding Home For Sheltered Care" means a profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
(25) "Buffer Strip" means a land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
(26) "Buildable Area" means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
(27) "Builder" means a person who builds or contracts to build a building or structure within Commercial Point.
(28) "Building" means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
(29) "Building coverage" means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
(30) "Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof.
(31) "Building line" means a line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
(32) "Building, principal" means a building in which is conducted the principal use of the lot on which it is located.
(33) "Building envelope" means the area designated by the developer or builder for the construction of the principal building(s) upon the site in accordance with the following:
A. In Platted Residential Subdivisions or Residential Site Condominiums. The buildable area remaining on the lot, parcel or unit after complying with zoning
setback and maximum lot or site coverage requirements, or such smaller building area designated by the developer for construction of building upon a lot, parcel or unit within the development.
B. In All Other Developments. The building area(s) plus ten (10) feet around the perimeter of the building(s) provided such areas do not encroach into any required setback.
(34) "Caliper (Tree)" means a tree's diameter in inches measured four and one-half (4 ½) feet above the ground.
(35) "Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
(36) "Carry-Out Restaurant" means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready- to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
(37) "Cemetery" means property used for the interring of the dead.
(38) "Census Tract" means areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
(39) "Central Business District" shall be defined as the old town properties designated on the 2004 zoning map as B-1 district.
(40) "Certified Arborist" means any individual certified by the National Arborist Association.
(41) "Chimney" means a structure lesser in function than a smoke stack and containing one or more flues for drawing off emissions from stationary sources of combustion.
(42) "Church" or "House of Worship" means a building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
(43) "Cluster development" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
(44) "Cluster subdivision" means a wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
(45) "Commercial nursery or tree farm" means a plant or tree nursery or farm in which trees are planted and grown for sale to the general public in the ordinary course of business.
(46) "Commercial Use" means any activity carried out for pecuniary gain.
(47) "Community Association" or "Homeowners Association" means an association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
(48) "Community Playhouse" means any building or portion thereof that is designed, constructed or used for theatrical productions, youth programs or classes in the performing arts.
(49) "Condominium" means a building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
(50) "Condominium association" means the community association which administers and maintains the common property and common elements of a condominium.
(51) "Congregate Housing" means a dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
(52) "Construction" means on-site erection, fabrication, installation, alteration, demolition, or removal of a structure, facility, or addition thereto, including all related activities, but not restricted to clearing of land, earth moving, blasting and landscaping.
(53) "Convenience Food Market" means a retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
(54) "Council" means the Council of the Village of Commercial Point.
(55) "Crawl Space" means a space with more than one-half (1/2) of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half (6 1/2) feet.
(56) "Customary Agricultural Operations" see "Agriculture."
(57) "Day Care Center" means a private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
(58) "Decorative Features" means any approved natural or constructed feature, including mulch, gravel, stone, brick, sculpture, and lighting.
(59) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres (See definition of "net developable site").
(60) "Developer" means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development.
(61) "Diameter breast height (d.b.h.) means a tree's diameter in inches measured four and one- half (4 ½) feet above the ground.
(62) "Drip line" means an imaginary vertical line extending downward for the outermost tips of the tree branches to the ground.
(63) "Drive-In Restaurant" means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
(64) "Drive-In Use" means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
(65) "Drive-up window service" means a building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service.
(66) "Driveway envelope" means an area designated by the developer or builder not more than twenty (20') feet in width to provide vehicular access to the building or parking areas.
(67) "Dwelling" means a structure or portion thereof in which person or persons reside.
(68) "Dwelling, attached" means a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
(69) "Dwelling, detached" means a dwelling which is not attached to any other dwelling by any means.
(70) "Dwelling, multi-family" means a dwelling containing more than two dwelling units.
(71) "Dwelling, semidetached" means a one-family dwelling attached to one (1) other one- family dwelling by a common vertical wall, and each dwelling located on a separate lot.
(72) "Dwelling, townhouse" means a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.
(73) "Dwelling, two-family" means a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
(74) "Dwelling unit" means one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
(75) "Dwelling unit, efficiency" means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
(76) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
(77) "Epiphytotic" means the sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
(78) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(79) "Extended Care Facility" means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
(80) "Extension" means a physical expansion of an existing structure.
(81) "Factory built housing" means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory built housing shall include the following:
A. Manufactured home. A non-self-propelled building unit or assembly of closed construction fabricated in an off-site facility, and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974, and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the numbers of square feet in a structure's exterior dimensions are measured at the largest horizontal projection when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows."(ORC 4501.01) For the purposes of this section,
chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks, or other foundation, connection to utilities and the like.
B. Mobile home. A non-self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight (8) feet or more in width and more than thirty-five (35) feet in length, which when erected on site is three hundred twenty (320) or more square feet, that is transportable in one or more sections and which does not qualify as a manufactured home or industrialized unit.
C. Industrialized unit. A building unit or assembly of closed construction fabricated in an offsite facility, that is substantially self-sufficient as a unit or as a part of a greater structure and that requires transportation to the site of intended
use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. Industrialized unit does not include a manufactured or mobile home as defined herein.
D. Modular home. Factory built housing certified as meeting the local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built
homes. Modular homes are required to be placed upon a solid masonry foundation.
(82) "Family" means one or more individuals occupying a dwelling unit and living as a single household unit.
(83) "Farm" means a parcel of land used for agricultural activities.
(84) "Farm Animals" means those animals or livestock typically associated with a farm or agricultural operation.
(85) "Farm Stand" means a booth or stall located on a farm from which produce and farm products are sold to the general public.
(86) "Fast-Food Restaurant" means an establishment whose principal business is the sale of pre prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
(87) "Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(88) "Floor Area, Finished" means the sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
(89) "Floor Area, Gross" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
(90) "Floor Area, Ground" means the sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, storage areas
with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
(91) "Floor Area, Net" means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(92) "Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the Municipality pursuant to its current franchise agreement to operate or provide cable television or services to consumer within the Municipality.
(93) "Garage" means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
(94) "Garage Sale" means the sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
(95) "Gas Station" - See Automobile Service Station.
(96) "Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
(97) "Gross Developable Acres" means the land area within a subdivision including areas dedicated to the public, including parks, open space, public right-of-ways, and utility easements.
(98) "Groundcover" means low growing shrubs, wood vegetation, wild flowers and other small herbaceous plants within a woodland area.
(99) "Grubbing" means the effective removal of understory vegetation, groundcovers, shrubs, or trees, but not including the removal of any trees of greater than three (3") inch d.b.h.
(100)"Group Care Facility" means a facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
(101)"Home Occupation" means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
(102)"In-Lieu Fees" means fees paid by a private individual or party to Commercial Point to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Council.
(103)"Industrial Park" means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
(104)"Industrialized Unit" see Factory Built Housing.
(105)"Inoperable Vehicle" means a vehicle that is not mechanically operable.
(106)"Institutional Use" means a nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
(107)"Junkyard" means any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two (2) or more unregistered, inoperable motor vehicles or other type of junk.
(108)"Kennel, Commercial" means any building or buildings and/or land used, designed or arranged to facilitate the raising, breeding, or boarding and grooming of such
domesticated animals as dogs and cats for profit. Farm animals such as pigs and fowl or exotic animals, such as snakes, are expressly prohibited.
(109)"Kennel, Private" means any building or buildings and/or land used, designed or arranged for the care of three (3) or more dogs and/or cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
(110)"Land clearing" means operations which remove trees and vegetation in connection with the installation of storm or sanitary sewers, public or private utilities, street, and any other clearing or grading of the property at any time prior to construction of a building.
(111)"Landscaping" means any portion of a parcel of land that includes trees, shrubs, bushes, planting bed, hedges, earth mounds or other natural or decorative material or feature.
(112)"Locate" means to construct, place, insert or excavate.
(113)"Lot" means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
(114)"Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
(115)"Lot coverage" means the portion of the lot that is covered by structures.
(116)"Lot, double frontage" means a lot which fronts upon two parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.
(117)"Lot, buildable" means a lot having the required street frontage as required by the zoning district on an improved public right-of-way.
(118)"Mandatory Land Dedication" means the mandatory dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.
(119)"Manufactured Home" see Factory Built Housing.
(120)"Massage Parlor" means an establishment that provides massage treatments performed by an appropriately licensed masseur or masseuse.
(121)"Mayor" means the Mayor of Commercial Point.
(122)"Mini-Warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
(123)"Mobile Home" see Factory Built Housing.
(124)"Mobile Home (Trailer) Park" means any site or tract of land under single or multiple ownership, upon which three (3) or more mobile or manufactured homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. This definition shall exclude any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code, over which the Public Health Council has exclusive rule making power.
(125)"Modular Home" see Factory Built Housing.
(126)“Net Developable Site" means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated right- of-way.
(127)"No-Build Zone" means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
(128)"Nonconformance" means a situation wherein the lawful conditions existing prior to the adoption, revision or amendment of the Zoning Code fail by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
(129)"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
(130)"Nonconforming sign" means any sign lawfully existing of the effective date of the Zoning Code, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
(131)"Nonconforming structure or building" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(132)"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(133)"Nursing Home" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(134)"Off-Street Parking Space" means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right- of-way.
(135)"On-Street Parking Space" means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
(136)"One-and-a-Half-Story" means a residential dwelling having a ground floor and a second floor equal to less than one hundred (100) percent of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as "knee wall") are not more than five (5) feet above the floor of such story.
(137)"Opacity" means a degree of obscuration of light.
(138)"Open Space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
(139)"Open space, common" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
(140)"Operations" means locating, moving, depositing, or grading of any material or any construction, use of activity, or combination of such activities, which modifies the conditions of property subject to this Zoning Code.
(141)"OUPS" means the Ohio Utilities Protection Service.
(142)"Outdoor Display" means the temporary outdoor display of material and merchandise for the purposes of retail sales.
(143)"Outdoor Storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
(144)"Overlay District" means a type of zoning district that applies more restrictive standards to an underlying zoning district.
(145)"Parish House" means a residential structure, such as a parsonage, that is subordinate to a church or other place of worship.
(146)"Park" means a tract of land designated and designed for the use by members of the public for active and passive recreation.
(147)"Permittee" means any person issues a permit pursuant to this Zoning Code.
(148)"Person" means any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
(149)"Personal Services" means establishments primarily engaging in providing services involving the care of a person or his or her apparel.
(150)"Plat" means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
(151)"Portable On Demand Storage (PODS)" means any portable structure intended to be used on a temporary basis for the loading of materials out of a location within Commercial Point and then moved to another location by a contracted third party or the unloading of materials into a location within Commercial Point in which the portable structure was brought to the location by a third party.
(152)"Principal Use" means the primary or predominant use of any lot.
(153)"Public Use" means a land use that is owned and/or operated by the public and is accessible to the public.
(154)"Rear of the principal structure" means the area located to the rear of the wall opposite the primary architectural entrance. The primary entrance usually faces the street that bears the property's address.
(155)"Reconstruction" means the rebuilding or substantial remodeling of an existing structure.
(156)"Recreational and Camping Equipment" means boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
(157)"Recreational and Camping Vehicles" means vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
(158)"Regulation" means any rule adopted by and pursuant to the authority of this Zoning Code.
(159)"Residential development" means any one-family or multiple-family residential development, including one-family residential subdivisions, one-family cluster housing, residential condominiums, residential site condominiums and multiple-family developments.
(160)"Residential District" means a zoning district in which residential uses are included as permitted uses.
(161)"Restrictive Covenant" means a restriction on the use of land usually set forth in the deed.
(162)"Retail Services" means establishments providing services or entertainment as opposed to products.
(163)"Right-of-way" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality.
(164)"Satellite Ground Station" means a ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
(165)"Scenic Easement" means an easement the purpose of which is to limit development in order to preserve a view or scenic area.
(166)"School" means any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
(167)"Setback" means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
(168)"Setback line" means that line that is required minimum distance from the street right of way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
(169)"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
(170)"Sign, billboard" or "off-premises sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(171)"Sign, bulletin board" means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
(172)"Sign, freestanding" means a non-movable sign supported by or from poles, posts, pillars, columns, uprights, braces, constructed base, or other structures on the ground and which are not affixed to a building.
(173)"Sign, projecting" means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.
(174)"Sign, wall" means a sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
(175)"Significant Tree" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Council with the advice of the Planning and Zoning Commission.
(176)“Specialty food and/or Beverage Facility” means a facility wherein food and/or beverage is produced and is: sold on a wholesale and/or retail basis; distributed; and/or consumed on the premises. This may include but is not limited to a brew pub, micro-brewery, distillery, coffee roaster, bakery, charcuterie, cheese making and/or other facilities producing crafted alcoholic or non-alcoholic beverages and/or artisan food.
(177)"Split Level" means a residential dwelling containing finished floor area on two (2) or more levels with not less than three (3) feet nor more than six (6) feet vertical distance between the plane of one floor level and the place of the next higher level.
(178)"Spot Zoning" means the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
(179)"Story" means that portion of a building, including between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
(180)"Street" means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder or Pickaway County Recorder prior to the appointment of the Planning and Zoning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
(181)"Street, collector" means a street which collects traffic from local streets and connects with minor and major arterial.
(182)"Street, local" means a street designed to provide vehicular access to abutting property and to discourage through traffic.
(183)"Street, major arterial" means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
(184)"Street, minor arterial" means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
(185)"Structure" means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.
(186)"Supermarket" means food markets, or combination food markets and department stores with more than 5,000 square feet of floor area.
(187)"Surveyor" means a surveyor registered by the State of Ohio.
(188)"Trailer" means a structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
(189)"Travel Trailer" means a recreation vehicle that is towed by a car or truck.
(190)"Tree" means any self-supported, woody plant of a species which normally grows to an overall height of thirteen (13') feet or more, including coniferous and deciduous trees.
(191)"Tree, Large" means any tree species which normally attains a full grown height equal to or greater than forty-five (45) feet.
(192)"Tree, Medium" means any tree species which normally attains a full grown height of between twenty-five (25) and forty-five (45) feet.
(193)"Tree, Small" means any tree species which normally attains a full grown height of under twenty-five (25) feet.
(194)"Tree Lawn" means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
(195)"Tree removal" means the act of removing a tree by digging up or cutting down, or the effective removal through damage.
(196)"Tree survey" means a minimum 1" = 100' scale drawing that provides the location of all trees of six (6") inches or greater d.b.h., plotted by accurate techniques, including the common or botanical name of those trees and their d.b.h.
(197)"Two-Story" means a residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding one hundred (100) percent of the required minimum ground floor finished square footage.
(198)"Undeveloped" means a parcel of land which is substantially unimproved with buildings or structures on the effective date of this Zoning Code.
(199)"Use" means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
(200)"Vehicular Use Area" means any area used by vehicles.
(201)"Video Rental Store" means an establishment primarily engaged in the retail rental or lease of videotapes, films, DVDs, laser discs, electronic games, cassettes, or other electronic media. Sales of film, videotapes, laser discs, DVDs, and electronic merchandise associated with VCRs, DVD players, video cameras, and electronic games are permitted accessory uses.
(202)"Woodland" means any property containing one or more acres (excluding existing rights- of-way) which has been designated as a woodland on the official woodlands map. The term woodland includes all trees, shrubs, and groundcover located upon such property (regardless of size).
(203)"Woodlands map" means the map approved by the Council of Commercial Point identifying all woodland areas in Commercial Point.
(204)"Yard" means a required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Code.
(205)"Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. For corner lots the front yard shall constitute that area of the lot that is adjacent to the shorter of the two (2) sides facing the street.
(206)"Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots the rear yard shall constitute that area of the lot that is opposite to the shorter of the two (2) sides facing the street.
(207)"Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
CHAPTER 1135
Administration, Enforcement and Penalty
1135.01 ENFORCEMENT BY PLANNING AND ZONING ADMINISTRATOR.
There is hereby established the office of Planning and Zoning Administrator. It shall be the duty of the Planning and Zoning Administrator to enforce this Zoning Code in accordance with the administrative provisions of this Zoning Code. All departments, officials, public employees,
and representatives of the Municipality, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.
1135.02 CERTIFICATE OF ZONING COMPLIANCE.
(a) Use Prohibited Without Certificate. No owner, lessee or tenant shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Zoning Compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code.
(1) The Planning and Zoning Administrator shall issue a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission and/or Council where the Zoning Code requires or deems appropriate.
(2) This section shall in no case be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed for such building.
(b) Effect of Approval. Certificates of Zoning Compliance shall be issued on the basis of plans, information and application approved by the Planning and Zoning Administrator and/or Planning and Zoning Commission authorize only the use, arrangement and construction set forth in such approved plans, information and application or approved amendments thereto, and no other use, arrangement or construction. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this Zoning Code and punished as provided in this chapter.
(c) Conformance with Certificate of Zoning Compliance. Any project requiring a Certificate of Zoning Compliance shall conform to the approved plans and/or other approved
materials. Any project not in conformance with the approved Certificate of Zoning Compliance shall be considered in violation of this Zoning Code, per Section 1135.10.
(d) Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public water and sewers, the application shall be accompanied by written evidence of approval by the responsible Health Officer as to the proposed method of water supply and/or treatment and disposal of sanitary waste.
1135.03 CERTIFICATE OF ZONING COMPLIANCE APPLICATION PROCEDURE.
(a) Application to be Made. Written application for Certificates of Zoning Compliance shall be made by the property owner(s) or applicant(s) to the Planning and Zoning Administrator.
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant, payable to the General Fund.
(c) Contents of Application. The application for a Certificate of Zoning Compliance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s) or authorized agent.
(2) A current survey of the property prepared by a licensed surveyor.
(3) If a change of use is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
(4) If any new development or construction is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
D. Any proposed new construction and or alteration.
E. Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities.
F. Location of all other public utilities above or below ground.
G. Proposed grades.
H. Proposed top of foundation.
I. Proposed driveway slope.
(5) Such other information to be determined by the Planning and Zoning Administrator and/or Planning and Zoning Commission as may be necessary to determine and provide for the enforcement of this Zoning Code.
1135.04 CERTIFICATE OF ZONING COMPLIANCE REVIEW PROCEDURE.
(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Planning and Zoning Administrator.
(b) Action by Planning and Zoning Administrator. Within thirty (30) calendar days after acceptance of an application for a Certificate of Zoning Compliance, the Planning and Zoning Administrator shall approve a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission where the Zoning Code requires; in those cases, the Planning and Zoning Commission shall render a decision within thirty-five (35) calendar days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.
(c) Appeals. A denial by the Planning and Zoning Administrator of an application for a Certificate of Zoning Compliance may be appealed to the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) calendar days of receipt of notification of denial. The Planning and Zoning Commission shall have a maximum of sixty (60) calendar days for public hearing, consideration and a decision on the appeal. Denial of an appeal by the Planning and Zoning Commission may be appealed to Council. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
1135.05 CERTIFICATE OF ZONING COMPLIANCE ISSUANCE AND EXPIRATION.
(a) An approved Certificate of Zoning Compliance shall be issued within ten (10) calendar days of approval. One (1) copy of the plans submitted by the applicant shall be returned upon approval.
(b) All Certificates of Zoning Compliance shall be conditional upon the commencement of work within one (1) year of issuance. If the work has not been more than fifty percent (50%) completed within one and one-half (1½) years of issuance, the certificate shall expire and be revoked by the Planning and Zoning Administrator. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(c) If a Certificate of Zoning Compliance expires and/or is revoked, and a new certificate or extension is not granted, it is the property owner's responsibility to return the property to its original state prior to issuance of the Certificate of Zoning Compliance within thirty (30) calendar days.
(d) Once a Certificate of Zoning Compliance expires or is revoked, only one (1) additional Certificate of Zoning Compliance shall be approved for the project. After the second Certificate of Zoning Compliance has expired, the property shall be subject to the requirements of
Section 1135.05(c). When the requirements of Section 1135.05(c) have been fulfilled to the satisfaction of the Planning and Zoning Administrator, a new Certificate of Zoning Compliance application may be submitted for review.
1135.06 PLAN REVIEW PROCEDURE AND PERMISSION TO BUILD.
(a) The following shall apply for all Non-Residential Developments, Residential Developments, and Residential Subdivisions:
(1) Planning and Zoning Review. An application for Site Development Plan or Development Plan shall be made per Chapter 1141 or Chapter 1173 of this Zoning Code, respectively, in conjunction with any other Planning and Zoning applications as deemed necessary by the Planning and Zoning Administrator.
(2) Engineering Review. An application for Engineering Construction Plan review shall be made per Chapter 1141 of this Zoning Code. All applications required in
Section 1135.06(a)(1) shall receive approval prior to the application, review, or approval of Engineer Construction Plans.
(3) Building Review. An application for Building Plan review shall be made as required per the Ohio Building Code. All applications required in Section 1135.06(a)(1)
and 1135.06(a)(2) shall receive approval prior to the application, review, or approval of Building Plans.
(4) Permission to Build. Permission to build or conduct any site work shall not be permitted until all Planning and Zoning applications have been approved per
Section 1135.06(a)(1), Engineering Construction Plans have been approved per
Section 1135.06(a)(2), and Building Plans have been approved per Section 1135.06(a)(3).
(b) The following shall apply for all Single Family Residential Lots and Residential Accessory Structures.
(1) Planning and Zoning Review. An application for a Certificate of Zoning Compliance shall be made per Chapter 1135 of this Zoning Code in conjunction with any other Planning and Zoning applications as deemed necessary by the Planning and Zoning Administrator.
(2) Building Review. An application for Building Plan review shall be made. Chapter 4101:1-1 to 4101:1-35 of the Ohio Administrative Code, collectively known as the “Ohio Building Code”, including all referenced standards contained therein, shall apply and be enforced within the Municipality of Commercial Point, Ohio. All required Planning and Zoning applications shall receive approval prior to the application, review, or approval of Building Plans.
(3) Permission to Build. Permission to build or conduct any site work shall not be permitted until all Planning and Zoning applications have been approved per Section 1135.06(b)(1) and Building Plans have been approved per Section 1135.06(b)(2).
1135.07 CERTIFICATE OF OCCUPANCY.
A Certificate of Occupancy shall be issued by the Planning and Zoning Administrator or his contract designee, for buildings erected or structurally altered and land initially occupied or changed in use. Such certificate shall state that the building and proposed use(s) complies with the provisions of these Codified Ordinances.
(a) Application Required. Application for a Certificate of Occupancy shall be made to the Planning and Zoning Administrator on forms provided.
(b) Non-Residential and Multi-Family Residential Development Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied. Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signatures of the Chief Building Official, Planning and Zoning Administrator, Public Works Director, and Construction Services Administrator.
(c) Single Family Residential and Multi-Family Residential Unit Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied. Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signatures of the Residential Building Official and Planning and Zoning Administrator.
Where weather related circumstances warrant, a Temporary Certificate of Occupancy may be issued with the condition that unfinished weather related/seasonal improvements, such as
(d) Change of Use Certificate of Occupancy. Upon determination that a use complies with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signature of the Planning and Zoning Administrator.
(e) Occupying Without a Certificate of Occupancy. Any person, firm or corporation who occupies or permits to be occupied, or who sells, leases, or rents a house, building, building unit or structure for which a Certificate of Occupancy has not been issued, or in the case of alterations, additions or repairs, whoever occupies, or permits to be occupied or utilized or sells, leases or rents that portion of the house, building, building unit or structure added, altered or repaired for which an occupancy permit has not been issued, shall be guilty of violating this chapter and shall be subject to the penalties provided herein.
(f) For all building construction projects, the top of foundation shall be between six (6) and twelve (12) inches above the approved grading plan and the following shall be submitted and approved before occupancy is granted:
(1) Verification by a registered surveyor of footer location and elevation at the time of footer inspection and verifying the distance from the property line if less than six (6) feet.
(2) Verification by a registered surveyor of top of block elevation at the time of foundation inspection and prior to backfill.
(3) Verification by a registered surveyor that the finished grade is in conformance with the approved grading plan before sod is laid. An as-built survey must be provided to the Zoning Administrator before the Certificate of Occupancy can be issued.
(g) Application After Effective Date. This section shall apply to all uses established and/or structures erected or altered after the effective date of this code.
1135.08 DEMOLITION PERMIT.
(a) A demolition permit may be required for demolition or wrecking of any building. When someone desires to demolish a building they shall contact the Planning and Zoning Administrator for the necessity of a permit and fee prior to the demolition of any structure in the Municipality.
(b) A building being demolished shall be completely removed from the site and any open excavation shall be properly backfilled. All debris, waste, and such shall be disposed of according to applicable regulations.
1135.09 TEMPORARY USE/SPECIAL EVENT PERMIT.
The following regulations are necessary to govern the operation of certain uses that are non- permanent in nature. Application for a Temporary Use/Special Event Permit, where applicable, shall be made to the Planning and Zoning Administrator, containing a graphic description of the property to be utilized, a site plan, a description of the proposed use, and sufficient information to determine yard requirements, setback, sanitary facilities, and parking space for the proposed temporary use/special event.
(b) Mobile vendors shall only be permitted in conjunction with a special event which has obtained a valid Temporary Use/Special Event Permit in accordance with the following standards:
(1) The location, type, and dimensions of each mobile vendor shall be indicated on an approved Temporary Use/Special Event Permit.
(2) During approved special event dates, mobile vending vehicles, carts, and other related structures shall be removed from the premises or sufficiently secured when not in operation.
(3) Mobile vending shall be permitted for one (1) occurrence per calendar week, lasting no longer than three (3) consecutive days. Mobile vending located on public property and not for profit shall be exempt from this requirement at the discretion of the Planning and Zoning Administrator.
(4) Mobile vending may be permitted in the public right of way with permission from the Public Works Director.
(5) Each mobile food vendor shall obtain a valid mobile food service license from any Ohio County Board of Health or a Temporary License to Conduct Food Service from the Pickaway County Board of Health.
(6) Each mobile vendor shall obtain and maintain public liability and property damage insurance with a financially sound insurance company, "A" rated or better by A. M. Best and Company, which shall protect the public against any and all claims for damages for personal injuries, including death, and against claims for property damage which may arise out of or in connection with any operations or activities of the mobile food vendors in the exercise of any of the privileges herein granted. The amount of such insurance shall be a minimum of one million ($1,000,000) dollars for combined single limit general liability coverage. Hired and non-owed coverage endorsement shall be set at the same limits. A certificate of insurance, with Commercial Point named as an additional insured, shall be submitted prior to the mobile vendor locating within the Commercial Point corporation limits.
(c) The following uses are deemed examples of temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any underlying district in which such use is located:
(1) A real estate sales office, including a mobile office, may be permitted within any district for any new subdivision which has been approved by Commercial Point. Such office shall contain no living accommodations. The permit shall be valid for one (1) year, but six (6) month extensions may be granted if conditions warrant such renewal. Mobile offices shall be immediately removed when the sale of seventy five percent (75%) of the units in the development phase or section has been completed, or upon expiration of the Temporary Use Permit, whichever occurs sooner. A permanent real estate office, such as a model home, shall be removed upon the sale of all units of the project development phase or section, excluding the real estate office itself, or upon expiration of the Temporary Use Permit, whichever occurs sooner.
(2) Temporary offices including mobile offices for contractors, construction trailers, and equipment sheds incidental to construction projects may be permitted within any district. The permit shall not be valid for more than one (1) year but may be renewed for six (6) month
extensions if construction is substantially underway. Temporary offices shall be immediately removed when the construction of seventy five percent (75%) of the units in the development phase or section has been completed, or upon expiration of the Temporary Use Permit, whichever occurs sooner.
(3) Garage sale permits are required. Garage sales are a temporary use permitted within any district in which dwellings are permitted in accordance with the following standards:
A. Only one such sale may be conducted on any parcel of real estate in any six (6) month period, which sale shall be limited to not more than three (3) consecutive days or two (2) consecutive weekends of two (2) days each. No sale may extend later than sunset.
B. Only one (1) sign advertising the sale may be displayed on the premise. A maximum of three (3) directional signs may be placed off the premises to direct the public to the sale. The display of such advertising and directional signs may be displayed up to twenty-four (24) hours prior to the beginning of the sale. These signs must be removed within twenty-four (24) hours after the sale ends. Such signs shall not be larger than four (4) square feet in display area, shall not be illuminated or animated, shall not be placed in a right-of-way of any public street or road, and shall not interfere or obstruct visibility when entering or leaving property.
C. Except as provided above, the provisions of this Chapter shall not apply to a sale of property publicized solely by classified newspaper advertising, which describes or identifies the specific property offered for sale and does not designate the date, hours, or location of the sale other than by stating name, address or telephone number of the seller.
(4) Donation drop off bins including any structure located outside of an enclosed building whose purpose is for the holding of clothing and household items that are donated to a charitable or for profit organization. Donation drop off bins are also known as charity bins or clothing bins.
A. Off-site donation drop bins shall only be allowed in non-residential zoning districts.
B. Only one (1) donation drop off bin shall be located on a property of one (1) acre or smaller. An additional one (1) donation drop off bin per shall be permitted per each one (1) additional acre, with a maximum of three (3) donation drop off bins per property.
C. A donation drop off bin shall have a footprint of no larger than twenty-five (25) square feet and shall be no taller than seven (7) feet.
D. An off-site donation drop off bin shall be located no closer to any lot line than the setbacks of the applicable zoning district, but in no case shall a donation drop off bin be closer than ten (10) feet to any lot line.
E. Donation drop off bins shall not obstruct pedestrian or vehicular traffic flow on a lot. These areas include, but are not limited to, drive aisles, parking lot area, fire lanes, and adjacent street rights-of-way.
F. A donation drop off bin shall not cause a hazardous condition, be a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
G. Bright primary or contrasting colors are prohibited on donation drop off bins.
H. All off-site donation drop off bins shall be clearly marked to identify the purpose of the collection, the name of the organization responsible for the bin, contact information (name, phone number, mailing address), and what items are requested for donation.
I. Donated items shall not be left outside the off-site drop off bin. The following notice shall be clearly marked on all sides of the donation drop off bin: NO ITEMS SHALL BE LEFT OUTSIDE OF THE DONATION DROP-OFF BIN. Donations that are not fully enclosed in the drop off bin shall be considered a zoning violation.
J. No advertisement signage on the donation drop off bin shall be permitted.
K. All off-site donation drop off bins shall be checked by their owner at least once a week for compliance with approval conditions and shall be emptied as necessary.
L. A Temporary Use/Special Event Permit shall be required before installing an off-site donation drop off bin. The permit shall be valid for two (2) years, but one (1) year extensions may be granted if there have been no violations of any section of this Zoning Code. The following shall be submitted with a Temporary Use/Special Event Permit application:
1. A plot plan showing the proposed location of the donation drop off bin in reference to property lines, existing structures (buildings, signs, utility poles, etc.), drive aisles and parking lot area.
2. A photo of the drop off bin that shows the required language.
3. Proof of liability insurance.
4. Contact information: name, phone number, mailing address.
5. A description of how the donation drop off bin is monitored and maintained including a pickup schedule.
M. Failure to comply with the approval conditions shall be considered a Zoning Code violation and may result in revoking the Temporary Use/Special Event Permit.
(5) Tents or canopies greater than two-hundred (200) square feet in size used to provide temporary shelter to event attendees. Tents or canopies smaller than two-hundred (200) square feet when combined with one-another to form a larger structure shall also meet the following requirements.
A. The location, type, dimension, and distance to all property lines of each tent or canopy shall be indicated on an approved Temporary Use/Special Event Permit.
B. The dates that each tent will be used shall be indicated on an approved Temporary Use/Special Event Permit.
C. Tents or canopies erected with a valid Temporary Use/Special Event Permit shall be permitted for no more than six (6) consecutive days per occurrence.
D. Tents or canopies erected with valid Temporary Use/ Special Event Permit shall be permitted for no more than three (3) occurrences during the calendar year in which the Temporary Use/Special Event Permit is valid.
E. All building and fire codes will need to be followed and permits and inspections completed, if required, prior to the date of the event to be held in the tent or canopy.
1135.10 VIOLATIONS AND REMEDIES.
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Law Director and/or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
1135.11 COMPLAINTS.
Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any resident, property owner, or lessee of property in Commercial Point may file a written complaint with the
Planning and Zoning Administrator. Such complaint shall state in full the causes and basis thereof. The Planning and Zoning Administrator shall record said complaint, immediately investigate the allegations, and take appropriate action as provided by this Zoning Code.
1135.12 PENALTY.
(a) The first violation of the provisions of this Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Upon conviction thereof any person may be fined not more than $250.00 or imprisoned for not more than thirty (30) days or both, and in addition shall pay all costs and expenses involved in the case.
(b) If the same violation occurs a second time within the same year the offense shall constitute a misdemeanor of the third degree and upon conviction the fine shall be not more than
$500.00 or imprisonment for not more than sixty (60) days or both, and in addition the offender shall pay all costs and expenses involved in the case. If the same violation occurs a third time within the same year the offense shall constitute a misdemeanor of the second degree and upon conviction the fine shall be not more than $750.00 or imprisonment for not more than ninety (90) days or both, and in addition the offender shall pay all costs and expenses involved in the case.
(c) Each day any such violation continues after receipt of a violation notice shall constitute a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains, such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Municipality from taking such other lawful action as is necessary to prevent or remedy any violations.
1135.13 FAILURE TO ACT.
The failure of any board, not including Council, to act on an application before such board within the prescribed time frame, excluding the continuation of a public meeting or hearing, shall constitute approval of such application. This shall not apply in cases where an applicant has chosen to indefinitely table an application or has requested an extension of such application.
1135.14 TECHNICAL REVIEW GROUP.
The Technical Review Group is established as a technical review body for the Municipality and may consist of, but not be limited to, the Planning and Zoning Administrator, Municipal Engineer, Public Works Director, Water and Water Reclamation Manager, Construction Services Administrator, and Urban Forester. The Technical Review Group will meet on an as needed basis to provide a forum at which proposed developments at any stage in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory review requirements and to provide coordination of various requirements and procedures. The Technical Review Group provides the Planning and Zoning Commission technical expertise in evaluating development proposals. The Planning and Zoning Administrator shall chair the Technical Review Group and shall coordinate the review process. Prior to the Planning and Zoning Commission meeting, the Planning and Zoning Administrator shall notify the applicant or the applicant's representative in writing of comments and recommendations made by the Technical Review Group.
CHAPTER 1137
Planning and Zoning Administrator
1137.01 GENERAL.
The Planning and Zoning Administrator shall serve as the chief administrative officer for the Zoning Code and is charged with enforcement of the related requirements and standards, as per this chapter. The Planning and Zoning Administrator shall cause to be collected the designated fees established by the Village Council and collection procedure for all zoning permits.
1137.02 CERTIFICATE OF ZONING COMPLIANCE.
The Planning and Zoning Administrator shall issue the Certificate of Zoning Compliance when the standards and requirements of this Zoning Code have been fully met or as directed by the Planning and Zoning Commission or Council. The Planning and Zoning Administrator shall deny issuing a Certificate of Zoning Compliance in the event of non-compliance. The Planning and Zoning Administrator shall maintain a record of all applications and actions.
1137.03 RECORD KEEPING.
The Planning and Zoning Administrator shall make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning certificates, zoning map amendments, variances, conditional use permits, Certificates of Appropriateness, receipt, investigation and enforcement of complaints of Zoning Code violations, and any other permit or certificate required herein. The Planning and Zoning Administrator shall prepare an annual summary of all records, and will attend meetings as may be required.
1137.04 ADVISOR TO THE PLANNING AND ZONING COMMISSION.
The Planning and Zoning Administrator shall advise the Planning and Zoning Commission of all matters other than routine duties pertaining to enforcement of this Zoning Code and any related ordinance, and shall transmit all applications and records pertaining to supplements and amendments therein.
1137.05 (reserved)
1137.06 INSPECTION AND COMPLAINTS.
(a) The Planning and Zoning Administrator shall inspect any building or land to determine whether any violations of this Zoning Code and other related ordinances have been committed or exist, and to receive and investigate complaints and notices of alleged violations. Written complaints of alleged violations shall be filed with the Planning and Zoning Administrator who shall investigate said complaints and prepare a report to be submitted to the Planning and Zoning Commission and Law Director. Said complaints shall be recorded.
(b) Regular inspections of the Municipality shall be conducted by the Planning and Zoning Administrator to identify potential violations, situations of non-compliance, and any potentially illegal situations relative to this Zoning Code. Necessary action shall be taken by the Planning
and Zoning Administrator to ensure compliance with and enforce this Zoning Code and other related ordinances.
1137.07 ENFORCEMENT.
(a) The Planning and Zoning Administrator shall enforce this Zoning Code and any related ordinances and take all necessary steps to remedy any condition found in violation by ordering by certified mail the discontinuance of said illegal uses or illegal work, and recommend to the Law Director appropriate action.
(b) The Planning and Zoning Administrator shall:
(1) Notify by certified mail the property owners and those violating this Zoning Code and any related ordinances of any non-compliance situations and shall order actions to correct or remedy said violations.
(2) Order by certified mail the discontinuance of illegal uses of land, buildings, or structures in violation therein; shall order by certified mail in accordance with legal procedures the removal of illegal buildings and structures or illegal additions or structural alterations; shall order discontinuance by certified mail of any illegal work under way.
(3) Take any other action authorized by the Zoning Code, any related ordinance, and/or Law Director to ensure compliance and prevent violations, including issuance of and actions on any zoning permits or certificates and other similar duties. The Planning and Zoning Administrator shall notify in writing the Planning and Zoning Commission and Law Director of all violations of this Zoning Code and any related ordinance.
CHAPTER 1139
Planning and Zoning Commission; and Council
1139.01 PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is hereby created which shall consist of five (5) residents of the Municipality plus one alternate. Members shall be appointed by the Mayor and approved by Council for terms of three (3) years each, except for four of the original members appointed to the newly formed Planning and Zoning Commission board. Two of the original members appointed shall serve a term of one (1) year each and another two of the original members appointed shall serve a term of two (2) years each. In the case of a vacancy, the Mayor shall appoint and Council shall approve a replacement commissioner who shall serve the balance of the vacated term. All such members shall serve without compensation. The Planning and Zoning Commission may adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code. The Planning and Zoning Commission shall be the Planning Commission as outlined in Chapter 713 of the Ohio Revised Code.
(a) Meetings.
(1) The Planning and Zoning Commission shall hold regular meetings as determined by the Commission's Rules. Robert’s Rules of Order is generally followed for order of business.
(2) An organizational meeting shall be held each January at which time the following officers shall be elected: chairperson; vice chairperson; secretary.
(3) A Special Meeting of the Planning and Zoning Commission can be called at the request of the Mayor or Commission chairperson or upon written notice by two (2) or more of its members; in all cases such request or notice shall be given at least twenty-four (24) hours prior to the meeting time.
(4) All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to Council. Nothing in this Code shall prevent the Planning and Zoning Commission from granting a continuance of a public hearing.
(b) Procedure. Four (4) members constitute a quorum. The Planning and Zoning Commission shall act by resolution passed by the vote of a majority of the members of the Planning and Zoning Commission. The chairperson, or in his/her absence the vice-chairperson, shall administer oaths and compel the attendance of witnesses. The Planning and Zoning Commission's secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Planning and Zoning Commission's examinations and other official actions, all of which are to be filed in the Municipal Building and are public record. All meetings shall be open to the public.
(c) Duties. The duties of the Planning and Zoning Commission are as follows:
(1) To hear and decide appeals where it is alleged there is in error in any order, requirement, decision, or determination made by the Planning and Zoning Administrator.
(2) To initiate amendments to the provisions of this Zoning Code and official Zoning Map and forward a recommendation to Council.
(3) To review all proposed amendments of this Zoning Code and Zoning Map, as per Chapter 1143, and to forward recommendations to Council.
(4) To review all proposed Preliminary development plans, as per Chapter 1173, and to forward recommendations to Council.
(6) To review and act upon applications for conditional use permits, as per hapter 1145 and all other pertinent sections of this Zoning Code.
(7) To act on all major Site Development Plans, as per Chapter 1141.
(8) To act on all Development Plans, as per Chapter 1173.
(9) To review and act upon reconstruction and substitution of nonconforming uses.
(10) To act on major subdivisions, per the Subdivision Regulations of Commercial Point.
(11) To make plans which show the Planning and Zoning Commission's recommendations for the character of both, public and private streets, bridges, parks, open spaces, waterways, and utilities.
(12) To make plans which show the Planning and Zoning Commission's recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities.
(13) To work to make plans and recommendations for the control and care of historic structures and grounds.
(14) To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities.
(15) To make plans and recommendations for the control, installation, and care of trees and other vegetation.
(16) To administer and make recommendations for the application of other municipal planning documents adopted by Council.
(17) To hear and decide appeals of the decision of the Chief Building Official in regards to the Residential Building Code.
(18) Other duties as may be directed by Council.
(d) Matters of Interpretation. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Planning and Zoning Administrator, and that such questions shall be presented to the Planning and Zoning Commission on appeal from the decision of the Planning and Zoning Administrator.
1139.02 reserved
1139.03 COUNCIL.
Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Code:
(a) To review, render decision, and enact amendments to the provisions of this Zoning Code and official Zoning Map.
(b) To initiate amendments to the provisions of this Zoning Code and official zoning map through ordinance or resolution and forwarding said action to the Planning and Zoning Commission for review and recommendation.
(c) To hear and decide appeals from the Planning and Zoning Commission determinations relative to conditional use, variance, site development plan, and development plan, requests and interpretations of this Zoning Code.
(d) Request by resolution or require by ordinance duties of the Planning and Zoning Commission.
CHAPTER 1141
Site Development Plans
1141.01 PURPOSE.
(a) Site plans are intended to insure ample provisions for the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development. They are further intended to supplement the provisions of the Subdivision Regulations and to further the purposes and provisions of this code for developments other than subdivision developments.
(b) The purposes of this chapter are (1) to state the specific additional requirements applicable to the development of land in certain zoning districts, (2) to prescribe the standards for the preparation of submission of site plans, and (3) to prescribe the standards for the design and construction of required improvements.
1141.02 ADMINISTRATION.
(a) No permit shall be issued by any administrative officer for the construction of
any building in any area covered by a site plan except in conformity with the provisions of Chapter 1141 and a duly approved site plan. No building permit shall be issued without an
approved site plan, signed by the Planning and Zoning Administrator in accordance with Section 1141.09, when required.
(b) An approved site plan is required for the following:
(1) Any use or development involving new construction, reconstruction or expansion of structures in all zoning districts except for single-family detached dwelling units, duplexes or accessory structures in residential districts.
(2) Any development in which automobile parking spaces are to be used by more than one
(1) establishment.
(3) When a change is proposed in the exterior elements of a previously approved site plan.
(4) When an existing residential use is proposed for change to a commercial, industrial or multi-family residential use.
(5) All public and/or semi-public buildings and institutions.
(c) Major Site Plans. Any required site plan of 2,000 or greater square feet of gross floor area shall be considered a Major Site Plan. All Major Site Plans shall be approved by the Planning and Zoning Commission.
(d) Minor Site Plans. Required site plans for non-residential developments of less than 2,000 square feet in gross floor area shall be considered a Minor Site Plan. Minor Site Plans may be reviewed and approved by the Planning and Zoning Administrator. An application for minor site plan review and approval shall comply with Section 1141.05 unless otherwise directed by the Planning and Zoning Administrator. At the Planning and Zoning Administrator's discretion, an application for minor site plan may be forwarded to the Planning and Zoning Commission for their review and approval.
1141.03 PROCEDURE FOR PREPARING AN APPLICATION SUBMITTAL.
(a) It is strongly recommended that, prior to submitting a site plan application, the applicant meet with municipal officials regarding plan requirements.
(b) A written application for site plan shall be filed with the Planning and Zoning Administrator. For Major Site Plans, the application shall be filed twenty-one (21) calendar days prior to the Planning and Zoning Commission meeting date. Twelve (12) 11" by 17" size copies and two (2) full size copies of all plans and supporting information including, but not limited to, information listed in Section 1141.05, as applicable, shall be included with the major site plan application filing. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a site plan application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1141. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete site plan application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(c) A fee as stipulated by this ordinance, paid by the applicant, shall be included with all site plan application filings.
(d) All site plans shall be prepared by a professional engineer duly registered by the State of Ohio and include a boundary survey, conducted within two (2) years of the submittal date, by a professional land surveyor duly registered by the State of Ohio.
(e) Site plans and related engineering plans shall be prepared at a scale not smaller than one
(1) inch equals one hundred (100) feet. Site plans may be prepared on one or more sheets to clearly show the information required by this chapter, and to facilitate the review and approval of the site plan. If prepared on more than one sheet, match lines shall be used to clearly indicate where the several sheets join. No sheet shall exceed forty-two (42) inches horizontally and twenty-eight (28) inches vertically in size.
1141.04 MINOR SITE PLAN REVIEW BY THE PLANNING AND ZONING ADMINISTRATOR.
The Planning and Zoning Administrator shall act on Minor Site Plans within thirty (30) calendar days upon receiving a complete application. The Planning and Zoning Administrator may consult with the Technical Review Group as necessary. The Planning and Zoning Administrator may attach conditions to the Minor Site Plan approval as may be reasonably required for the public health, safety and welfare.
1141.05 SITE PLAN REVIEW BY THE PLANNING AND ZONING COMMISSION.
Every site plan submitted in accordance with this chapter shall contain the following information:
(a) A boundary survey conducted within two years of the application submittal.
(b) The name of the development, the name and address of the property owner and developer, north point, date of the plan being submitted, scale and number of sheets.
(c) The name of property owners, zoning, and present use of adjoining lands.
(d) Location of all minimum building setback lines.
(e) Location, type, and size of existing vehicular ingress and egress to the site.
(f) Location, names, and dimensions of proposed and existing streets, buildings, easements and drainage ways.
(g) Location, type, size and height of all fencing, screening, and buffering where required by this Code.
(h) Provisions for the adequate control of erosion and sedimentation indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction.
(i) All off-street parking and parking bays, loading spaces, ingress and egress and walkways indicating type of surfacing and showing the number of parking spaces provided and the number of parking spaces required.
(j) Number of floors, floor area, height and location of each building, and proposed general use for each building. In a multi-family residential building, the number, size, and type of dwelling units shall be shown.
(k) Building elevations depicting actual composition and architectural style for all proposed structures.
(l) Preliminary plans for the provision of, but not limited to, water, wastewater and storm water utilities.
(m) The location of any proposed refuse removal pads.
(n) Location and size of all recreation and open space areas.
(o) Special Flood Hazard Area limits established by the Federal Emergency Management Agency's Flood Insurance Rate Maps on file with the Floodplain Administrator and/or accepted engineering methods. Special Flood Hazard Area limits shall be shown on all plan sheets.
(p) The location, width, size, and purpose of all existing easements and rights-of-way and whether they are to be publicly or privately maintained.
(q) Such other relevant data as the Planning and Zoning Commission or the Planning and Zoning Administrator may require.
1141.06 ENGINEERING CONSTRUCTION PLANS REVIEW BY THE TECHNICAL REVIEW GROUP.
In preparing required engineering construction plans, the applicable provisions of the municipality's Subdivision Regulations shall be followed. All improvements required by
Chapter 1141 and by the Subdivision Regulations shall be installed at the cost of the developer in accordance with design and construction standards of the municipality. Engineering construction plans submitted in accordance with this chapter shall contain the information in
Section 1141.05 in addition to the following:
(a) Existing topography with a maximum two (2) foot contour intervals and the proposed finished grading by contour.
(b) Provisions for the adequate disposition of natural and storm water on and off-site, in accordance with current design criteria and construction standards of Commercial Point including, but not limited to, the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes, and other drainage structures.
(c) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the Municipal Engineer.
(d) All existing and proposed water facilities including all water mains, their sizes, valves and fire hydrant locations. A detailed water connection plan sheet shall be provided indicating the size and location of the water line connection into the building(s), back flow prevention and, when applicable, the size and location of the fire suppression line.
(e) A landscaping and lighting plan.
(f) The location, width, size, and intended purpose of all easements and rights-of-way and whether they are to be publicly or privately maintained. A plan copy, suitable for recording, shall be submitted showing any rights-of-way and/or easements for public dedication.
1141.07 REVIEW PROCEDURE; PLANNING AND ZONING COMMISSION.
(a) The Planning and Zoning Commission shall act on site plans presented to it within a reasonable time. The property owner or applicant shall be advised as to the decision of the Planning and Zoning Commission by letter and/or legible markings and notes on the plans.
(b) Public Notification for the review of Major Site Plans shall consist of listing on the Planning and Zoning Commission's meeting agenda posted in accordance with the Planning and Zoning Commission's Rules.
(c) All updated site plans and supporting information submitted for the Planning and Zoning Commission's review shall include all revisions requested by the Commission. Upon the submittal of updated site plans and supporting information, the Planning and Zoning Administrator shall review the submittal for compliance with the requested revisions. Should any information not be included with the updated submittal, it shall be deemed incomplete and
returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by village officials until the requested revisions have been made.
(d) The Planning and Zoning Commission may attach conditions to the Site Plan approval as may be reasonably required for the public health, safety and welfare.
(e) Approval of a Site Plan by the Planning and Zoning Commission shall expire twelve (12) months from the date of such approval unless building permits have been obtained for construction in accordance therewith. A single extension, not to exceed six (6) months, may be given by the Planning and Zoning Commission upon written request by the property owner or applicant.
1141.08 REVIEW PROCEDURE, TECHNICAL REVIEW GROUP.
(a) The Technical Review Group shall act on engineering construction plans presented to it within a reasonable time. The property owner or applicant shall be advised as to the decision of the Technical Review Group by letter and/or legible markings and notes on the plans.
(b) All updated engineering construction plans and supporting information submitted to the Technical Review Group for review shall include all revisions and/or clarifications as previously requested. Should any information not be included with the updated submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by the Technical Review Group until the requested revisions have been made and/or clarifications have been provided.
(c) Approval of engineering construction plans by the Technical Review Group shall expire twelve (12) months from the date of such approval. A single extension, not to exceed six (6) months, may be given by the Technical Review Group upon written request by the property owner or applicant.
1141.09 FINAL APPROVAL PROCESS.
(a) Final approval of all site plans shall be shown by the signature of the Planning and Zoning Administrator on the final plan.
(b) Prior to this final approval, any required engineering construction plans shall be approved and signed by the Technical Review Group.
(c) Prior to final approval, there shall be executed by the property owner or applicant and submitted to the municipality an agreement to construct such required physical improvements that are located within public rights-of-way or easements or that are connected to any public facility in form and substance as approved by the municipality, together with a bond with surety, cashier’s check or escrow account in the amount of the estimated construction cost of the required improvements as approved by the municipal engineer. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Technical Review Group, which time may be extended upon written agreement. The municipal engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to the project. The amount of the
restoration bond shall be as determined by the municipal engineer based on his estimate of potential damage.
(d) The property owner or applicant shall present to the municipality any dedication or easement documentation for approval prior to recordation. The property owner or applicant shall provide the municipality with a copy of any recorded dedication or easement. Upon satisfactory completion of the required improvements, the municipality shall release any remaining bonds.
(e) Site infrastructure improvements for the area proposed under the site plan may proceed following (1) the approval and signing of the engineering construction plans by the Mayor and applicable member of the Technical Review Group, and (2) the holding of a preconstruction meeting with the municipality. The property owner or applicant is responsible to contact the municipality's Construction Services Administrator to schedule the preconstruction meeting.
1141.10 MODIFYING AN APPROVED SITE PLAN.
(a) Any agreements or changes to an approved major site plan, including all supporting materials, between the property owner or applicant and a separate third party shall also be approved by the Planning and Zoning Commission. Otherwise, the Planning and Zoning Commission may rescind their site plan approval.
(b) An approved site plan may be modified from the original approval in accordance with this subsection. Such modification shall be approved by the Planning and Zoning Commission, in the case of a major site plan, and by the Planning and Zoning Administrator, in the case of a minor site plan. The property owner(s) or applicant(s) shall file a written application to modify the approved site plan with the Planning and Zoning Administrator accompanied by a fee as stipulated by ordinance. In considering a modification, the applicable provisions of
Chapter 1141 shall apply. However, minor technical changes to an approved Major or Minor Site Plan, which do not substantially alter the original site plan layout, may be approved by the Planning and Zoning Administrator.
1141.11 APPEALS.
(a) Appeal of Planning and Zoning Administrator Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving an application for site plan approval shall have the right to file an appeal with the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) calendar days of the decision of the Planning and Zoning Administrator. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information. The Planning and Zoning Commission shall have a maximum of seventy-five (75) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Administrator's decision, a majority vote of the full membership of the Planning and Zoning Commission shall be required.
(b) Appeal of Planning and Zoning Commission Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission involving an application for site plan approval shall have the right to file an appeal with Council. A written appeal shall be filed with
the Clerk within ten (10) calendar days of the decision of the Commission. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within twenty-one (21) calendar days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(c) Public Notification. At least one (1) notice shall be given at least ten (10) calendar days prior to the public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) calendar days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(d) In approving a site plan on appeal, Planning and Zoning Commission or Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said site plan is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135, and shall result in revocation of the site plan approval and respective Certificate of Zoning Compliance.
1141.12 ENVIRONMENTAL ANALYSIS.
(a) Purpose and Intent. The environmental analysis is intended to protect the environmental integrity of land within the Municipality and address identified municipal concerns. This provision is also intended to ensure ample provisions for the efficient use of land and to promote high standards in layout and design. The environmental analysis supplements the provisions of the Subdivision Regulations and Site Development Plans. The purpose of this section is to state the specific requirements applicable to the development of land in environmentally sensitive areas, and to prescribe the standards for the preparation and submission of an environmental analysis.
(b) Environmental Analysis Required. Before any use or development involving new construction, reconstruction or expansion of structures can begin, an environmental analysis shall be required and shall be submitted if any portion of the parcel(s) meets one or more of the following criteria:
(1) The parcel is located in the 100-year floodplain.