§ 153.085. SITE PLAN REVIEW AND APPROVAL.

It is recognized that land uses and their location may possess distinct characteristics which may affect the community, its residents and its thoroughfares. It is, therefore, necessary to require submission of a site plan for review and approval in accordance with guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the village and its citizens.

(A) Site plan review by Zoning Administrator. All applications for zoning compliance permits, special use permits, rezoning and variances, as governed in this chapter, shall first require site plan review by the Zoning Administrator.

(B) Site plan approval. Unless otherwise noted herein, all requests for zoning compliance permits for uses permitted as a matter of right must have site plan approval by the Zoning Administrator. All requests for special use or planned unit development approval must have site plan approval by the Village Planning Commission.

(C) Standards for the review of site plans. The site plan is to be reviewed in order to determine that:

(1) The proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning district;

(2) The dimensional arrangement of buildings and structures conforms to the required yards, setbacks and height restrictions of this chapter, unless waived by variance granted by the Zoning Board of Appeals (ZBA);

(3) The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for certain specific uses, unless waived by variance granted by ZBA;

(4) There is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian and vehicular traffic;

(5) The proposed on-site buildings, structures and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this chapter or any county or state law;

(6) As many natural features of the landscape shall be retained as possible where they can be useful to the development on the site or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar purposes) or where they assist in preserving the general safety, health and appearance of the neighborhood, i.e., controlling erosion or the discharge of storm waters and the like;

(7) Any adverse effects of the proposed developments and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or landscaping (as provided or required in this chapter);

(8) In the case where the current use is commercial or industrial, not publicly sewered, and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Health Department must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development;

(9) All buildings and structures are accessible to emergency vehicles; and

(10) The site plan as approved is consistent with the intent and purpose of zoning which is to promote the public health, safety and general welfare to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; and to reduce hazards of life and property.

(D) Conditional approval.

(1) Reasonable conditions may be required by the Zoning Administrator for zoning compliance permits (or for the Planning Commission for special use permits) with the approval of a site plan. The conditions may include but are not limited to conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(a) Be designed to protect natural resources, the health, safety and general welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;

(b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and

(c) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(2) The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the designated site plan approval body and the landowner. A record of conditions which are changed shall be maintained by the respective approval body.

(3) Upon approval of the plan, the designated site plan approval body shall sign three copies thereof. Two copies shall be kept by the village and the third shall be returned to the applicant. All subsequent actions relating to the activity authorized by the approved site development plan shall be consistent with the plan unless a change conforming with this chapter receives mutual agreement with the landowner and the respective site plan approval body. For special uses, refer to §§ 153.030 through 153.047.

(E) Design standards. Compliance with design standards for certain uses enumerated in this chapter is required.

(F) Final approved site plan. A copy of the final approved site plan (and all “revised, final approved site plans”) shall be so marked and placed on file as the officially approved document of the applicant along with copies of any and all permits requested for the property in question. Approval of “revised, final site plans” can be made only by the designated body or the official who first gave final approval.

(G) Conformity to approved site plan. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction and development does not conform with such approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at his or her last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.

(H) Performance bond. The designated site plan approval body is empowered to require a performance bond or, in its discretion, a certified check be posted by the applicant in order to ensure that all zoning requirements and conditions of approval will be completed in accordance with the approved site development plan.

(I) Site plan specifications.

(1) An applicant shall submit three copies of all required information. For single-family and two-family dwellings and additions thereto, a sketch plan shall be provided showing the following information:

(a) Boundaries of the property and existing lot lines drawn to approximate scale; and

(b) The location and use of any existing or proposed building or structures on the lot.

(2) For all other uses, a complete site plan which shall include the following information shall be submitted:

(a) A vicinity area map at a convenient scale, showing proximity to any railroads, streams, streets and street intersections; the location of the nearest public roads on all sides; and all public facilities or amenities such as, schools, firehouses, houses of worship, recreational areas and the like;

(b) A map of applicant’s entire subject property and all surrounding properties at a designated scale; and which shall display the following in detail (however, applicants for zoning compliance permits for single-family and two-family residences and agricultural uses need only summarize):

1. The name of all owners of record of adjacent property;

2. Existing fire, school and other special district boundaries within 500 feet of the tract, if any;

3. Boundaries or property and existing lot lines as shown on the existing plat or tax map;

4. Existing public streets, easements or other reservations of land;

5. Location of all existing structures on the site, as well as those of adjacent properties within 100 feet of subject lot line;

6. The location and use of any existing or proposed building or structure;

7. The proposed location of any use not requiring a structure, including walkways, benches, fences and recreational facilities;

8. Location and design of all driveways, parking and loading areas, if any;

9. Location of all existing and proposed water lines, valves and hydrants, and all sewer lines, if any;

10. Proposed fencing, screening and landscaping; and

11. Location of existing watercourses, wooded areas and rock outcrops, if any.

(c) A copy of any covenants or deed restrictions that are intended to cover all or part of the tract;

(d) Where the applicant wishes to develop the project in stages, a site plan indicating total development shall be presented for approval of the entire parcel; and

(e) The Zoning Administrator (for zoning compliance permits) and the Planning Commission (for special use permits) may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.

(Ord., § 5.6, passed 8-5-1991; Ord. 2012-02, passed - -2012)