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ORDINANCE 2003-14
AN ORDINANCE TO AMEND VARIOUS SECTIONS OF ORDINANCE I999-03, THE GAMBIER ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore;
BE IT ORDAINED THAT
Section 1. At the appropriate place within the Definition Section of the Code the following definition shall be added:
Caliper - The diameter of a tree 4 1/2 feet above ground on the uphill side of the tree. If a tree forks below 4 1/2 feet above ground, each trunk is treated as a separate tree.
Section 2. The amendment, deletion and modification of the definitions already included in the Definition Section of the Code for Woodland; Woodland, mature; and Woodland, young to read as follows:
Woodland. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 30% or more canopy trees having a sixteen (16) inch or greater caliper measurement, or any grove consisting of eight (8) or more trees having a ten (10) inch or greater caliper measurement within a 5,000 square foot area, or an area that conforms to both.
Woodland, mature. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 30% or more canopy trees having a sixteen (16) inch or greater caliper measurement, or any grove consisting of eight (8) or more trees having an eighteen (18) inch or greater caliper measurement within a five thousand (5,000) square foot area, or an area that conforms to both.
Woodland, young. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 70% or more canopy trees having a 2 1/2 inch caliper measurement or greater, or a tree plantation for commercial or conservation purposes where 70% or more of the canopy trees have 2 1/2 inch or greater caliper measurement within a 5,000 square foot areas, or an area that conforms to both.
Section 3. Deletion of Section 12.7(D) and amendment of Section 12.7 (C) to read as follows:
C. Establishment of woodlands - The establishment of a woodland for the purposes listed above shall conform to the following standards:
1. Only native specie trees and woodland shrubs shall be used.
2. The following plant material shall be provided per acre of woodland to be established. Fractional requirements (resulting from fraction of acres to be established) shall be rounded up to the nearest 0.01 acre.
PLANT MATERIALS REQUIRED PER ACRE
MINIMUM SIZE
10 canopy trees 2 ½ inch caliper
20 faster-growing canopy trees 1 inch caliper
30 slower-growing canopy trees 5 feet(height)
5 slower-growing canopy trees 4 inch caliper
10 understory trees 1 inch caliper
100 shrubs 2 feet(height)
3. All existing healthy trees shall be preserved to the maximum extent possible; all development plans shall include and identify the location of existing healthy trees.
4. All areas of newly established woodland shall be seeded as lawn or prairie unless ground cover has already been established.
5. All plantings shall occur during the season appropriate for the specific plant material within the calendar year following the improvement of any site or parcel of lot.
Establishment of woodlands that are not required are encouraged to follow these requirements but are not mandated to do so.
Section 4. The addition of the following sentence at the end of the initial paragraph of Section 12.8 and prior to Subsection (A) thereof:
This section does not regulate plant standards for plantings that are not otherwise required by this ordinance.
Section 5. Repealer: Simultaneously with the passage of this Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
Section 6. This Ordinance shall take effect and be in forced from and after its passage and approval by the Mayor, or at the earliest period allowed by law.
Passed this 7th day of July 2003
ORDINANCE 2004-06
AN ORDINANCE TO AMEND SECTION 14.1, DEFINITIONS, OF ORDINANCE 1999-03, THE GAMBIER ZONING ORDINANCE
Whereas, the Village Council of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore;
BE IT ORDAINED THAT
Section 1. At the appropriate place within Chapter 14 of the Code the following shall be added:
F. Real estate signs do not require a permit and are not subject to the thirty (30) day time limit for temporary signs. Real estate signs must be removed within thirty (30) days of closing on the property.
Section 2. Repealer: Simultaneously with the passage of this Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
Section 3. This Ordinance shall take effect and be in forced from and after its passage and approval by the Mayor, or at the earliest period allowed by law.
Passed this 3rd day of May 2004.
ORDINANCE 2004-08
AN ORDINANCE TO AMEND CHAPTER 16 (BOARD OF ZONING APPEALS) OF THE GAMBIER ZONING CODE, ORDINANCE 1999-03
WHEREAS, the Council of the Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore,
BE IT ORDAINED THAT:
Section l:
Amend Section 16.211 to read: The Board shall conduct an organizational meeting every January. Subsequent meetings shall be held at the call of the Chairperson when business has been forwarded to the Board through an appeal or otherwise. The Chairperson, or in his absence the Vice-Chairperson or Secretary, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board of Zoning Appeals shall be open to the public.
Amend Section 16.4, Hearings and Decisions, to read: The Board shall fix a reasonable time for the hearing of the appeal and shall give written notice of said hearing to the parties in interest, including all property owners within five hundred (500) feet of the property in question no less than fourteen (14) days in advance of the hearing. At the hearing any party may appear in person or be represented by an agent or attorney. The Board shall issue a decision upon the appeal after stating its finding of fact, based upon the record and voting on the action to be taken on the appeal. Such appeal shall be made no more than forty-five (45) days after the appeals hearing. A written copy of the Board's decision shall be mailed to all parties in interest within forty-eight (48) hours of the announcement of the decision. Such decision shall be binding on the Zoning Inspector and/or the Planning and Zoning Commission, and shall incorporate the terms and condition of the same in any further action by the Board.
Section 2, Repealer: Simultaneously with the passage of the Ordinance this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as stated above.
Section 3. This Ordinance shall take effect and be in forced from and after its passage and approval by the Mayor, or at the earliest period allowed by law.
Passed this 2nd day of August, 2004
ORDINANCE 2004-14
AN ORDINANCE TO AMEND VARIOUS SECTIONS OF ORDINANCE 1999-03, GAMBIER ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore;
BE IT ORDAINED THAT
Section 1: Section 17.3.C.1 will be amended to read:
Not more thin four lots will be created including any lots previously created from the original tract and all the land in the original tract and all the continuous land owned by the developer would be completely subdivided: and
Section 2: Definition 3.71 - Original plat/tract, will be amended to read:
The map or site plan of the land, which is intended to be subdivided, as defined at the date of adoption of the amendment to this definition. Date to be added
Section 3: Repealer: Simultaneously with the passage of this Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
Section 4: This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowed by law.
Passed this 1st day of December, 2004
ORDINANCE 2004-12
AN ORDINANCE TO AMEND THE DEFINITIONS, CHAPTER 3, OF ORDINANCE 1999-03, THE GAMBIER ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore;
BE IT ORDAINED THAT
Section. 1: Definition; Driveway, shall be added as 3.35A to read:
Driveway: a road giving access from a public way to a building or facilities on abutting grounds.
Section 2: Repealer: Simultaneously with the passage of this Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
Section 3: This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowed by law.
Passed this 1st day of December, 2004
ORDINANCE 2005-15
AN ORDINANCE AMENDING ORDINANCE 1999-03 TO INCLUDE PLANNED UNIT DEVELOPMENT PROVISIONS AS CHAPTER 18, AND TO RENUMBER EXISTING CHAPTERS 18, 19, 20, AND 21 AS CHAPTERS 19, 20, 21, AND 22 RESPECTIVELY.
WHEREAS, the Planning Commission of the Village of Gambier has recommended to the Village Council that Planned Unit Development provisions be included in the Village Zoning Ordinance; and,
WHEREAS, Village Council concurs that adding Planned Unit Development provisions in the Village Zoning Ordinance would be in the best interests of the Village;
NOW, THEREFORE, be it ordained by the Council of the Village of Gambier, Knox County, Ohio that Ordinance 1999-03 be amended to include the following provisions as Chapter 18, and to renumber existing Chapters 18. 19, 20. and 21 as Chapters 19, 20. 21, and 22, respectively.
CHAPTER 18 - PLANNED UNIT DEVELOPMENTS
18.01 CONFLICT.
Planned Unit Development Zoning Districts may be established by application in accordance with the provisions of this chapter and the requirements contained herein which shall take precedence over all other conflicting regulations contained in the Zoning Ordinance.
18.02 PURPOSE AND INTENT.
The application of flexible and creative land use regulations to the development of land is often difficult or impossible within traditional zoning district standards. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is often necessary to establish a Planned Unit Development District designation in which development is in harmony with the general purpose and intent of this Ordinance. The objective of a Planned Unit Development District is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers, to produce development that is in keeping with overall land use intensity and open space objectives of this Ordinance, while departing from the strict application of the dimensional standards of the traditional Districts. Planned Unit Development Districts are intended to allow design flexibility and provide performance standards that may, in addition to the purposes set forth in Chapter 1:
(a) Minimize adverse impacts of development on the environment by preserving native vegetation, wetlands and protected animal species to the greatest extent possible;
(b) Increase and promote the use of pedestrian paths, bicycle routes and other non-vehicular modes of transportation;
(c) Result in a desirable environment with more benefits, amenities, improved arrangement and design than would be possible through the strict application of the minimum commitment to standards of a standard zoning district;
(d) Provide for an efficient use of land, and public resources, resulting in co-location of harmonious uses to share facilities and services and a logical network of utilities and streets, thereby lowering public and private development costs;
(e) Foster the safe. efficient and economic use of land, transportation, public facilities and services;
(f) Encourage concentrated land use patterns which decrease the length of automobile travel, and encourage pedestrian circulation between land uses;
(g) Enhance the appearance of the land through preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space in excess of existing standards;
(h) Avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage;
(i) Ensure a rational and compatible relationship between residential and non-residential uses for the mutual benefit of all,
(j) Provide an environment of stable character compatible with surrounding areas; and
(k) Provide for innovations in land development.
18.03 DEFINITIONS.
(a) Planned Unit Development (PUD). A PUD means an area of land consisting of no more than fifty contiguous acres in which one use or a variety of uses may be accommodated in a pre-planned environment under more flexible standards than those restrictions that would normally apply under this Zoning Ordinance. A PUD must demonstrate benefits, such as improved arrangement and design, that justify deviation from standard development requirements included in the Zoning Ordinance. The process in a PUD shall consist of a Preliminary Development Plan which shall constitute the act of zoning; and a Final Development Plan which, upon approval, shall consist of a detailed development plan for all, a portion of the area, or subareas within the Preliminary Development Plan.
(b) Subarea. A Subarea is a distinct area of land within a PUD. Each Subarea shall designate acreage, land use, development standards, architectural standards, landscape standards, thoroughfare Subarea standards, conceptual road alignments, gross density and such other standards as may be required by the Planning Commission and Council.
18.04 USES AND DESIGN STANDARDS.
(a) Uses. Within the PUD Zoning District, permitted uses shall include all uses allowable under the Zoning Ordinance or a compatible combination of any or all of these uses provided the proposed location of any of the uses will not adversely affect adjacent property and/or public health, safety and general welfare.
(b) Design Standards. The following design standards shall be maintained within every PUD Zoning District:
1. Special attention should be given to designing a primary entrance to any building that is both attractive and functional. Primary entrances should be clearly visible from the street.
2. Buildings should promote and enhance a comfortable pedestrian scale and orientation. Building elevations should be varied and articulated to provide visual interest to pedestrians.
3. Exterior building materials and finishes should convey an impression of durability and permanence. Materials such as brick. stone, and wood are encouraged. Divided light windows are encouraged, and painted and opaque glass, as well as glass block, are prohibited.
4. Wherever possible, buildings should incorporate covered porches or arcades.
5. Building elevations facing a street or pedestrian thoroughfare should be articulated with architectural features such as windows. dormers, offsetting walls, alcoves. or bays. Undifferentiated blank walls facing a street, pedestrian thoroughfare, or major parking area should be avoided.
6. Roof forms must comply with the village's minimum standard for pitch, with deep pitches preferred over shallow ones.
7. Preferred colors for exterior building finishes, exclusive of roofs, include earth tones, pastels of earth tones, historic (e.g.. "Williamsburg") colors, and the complete spectrum of grays and whites. High-intensity primary colors. metallic finishes. and black are to be avoided, except as accent elements.
8. All roof - and wall-mounted communications components (excluding those necessary for reception of satellite signals) should be screened from public view by walls. fences, or evergreen foliage. Any communal garbage or recycling collection facilities should be treated likewise; screening by chain-link fence, with or without inserts, is prohibited.
9. Buildings should be located to minimize the visibility of parking areas to pedestrians and vehicular traffic. The overall impression should be that architecture and landscape are the primary design elements. Street side parking is prohibited.
10. A continuous pedestrian network of paved or graveled walks of a minimum width consistent with Village Ordinances must be provided, along with linkages to adjacent existing and planned pedestrian thoroughfares. Paving may consist of scored concrete or modular materials. including brick and stone; asphalt is prohibited as a paving material for this purpose.
11. Building heights should help form a sense of street enclosure but should not create a sheer wall out of proportion with other neighborhood structures and with pedestrians.
12. Landscaping should include trees planted along at least the street side of all pedestrian thoroughfares, with a minimum planting distance, on center, of thirty feet and a maximum of seventy feet. A bench must be provided at a minimum of every five hundred yards.
13. Grading of the site should be kept to a minimum to preserve the natural features of the site; excessive recontouring of the land is to be avoided. Likewise, efforts should be made to preserve mature trees on the site.
14. Retaining walls, if necessary, must be designed as an integral part of the landscape. They must be constructed of, or faced with. attractive. durable materials such as brick or stone.
15. Fences must conform with village ordinances. Additionally, vinyl fencing is prohibited.
18.05 GENERAL PROCEDURES.
Procedures and conditions set forth for determination of PUDs and development(s) therein shall be strictly followed except when the Planning Commission and Council have approved a written statement submitted with the rezoning application, by the applicant clearly showing that such procedures or conditions do not apply in the specific case.
18.06 OWNERSHIP.
A PUD shall be in joint or common ownership or control at the time the rezoning application is made for a PUD District, or where joint or common ownership and/or control does not exist, each owner within the Planned Unit Development shall sign the application for rezoning. Any transfer of land within the Development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A Development Plan approved hereunder shall be binding upon the applicant(s), their successors and assigns and shall limit and control the issuance of validity of all Certificates of Zoning approval.
18.07 PLAN CONTENTS.
(a) The following described contents shall be provided to secure approval for PUD zoning. The basic process shall require
(1) Preliminary Development Plan.
(2) Final Development Plan.
(b) All plans shall be drawn to a scale suitable to the scope of the project and acceptable to the Municipality as determined by the Zoning Inspector. Ten (10) copies of each plan shall be submitted to the Zoning Inspector, who shall accept such plans as Zoning Inspector, and as agent for the Planning and Zoning Commission.
(1) Contents of Preliminary Development Plan. It is the intent of these regulations that the Preliminary Development Plan indicates the following in text and/or map form, as appropriate:
A. North point and scale
B. The location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area, and the total number of dwelling units in the development plan.
C. The size, location and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership of such areas.
D. The provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness.
E. The traffic circulation patterns, including public and private streets and parking areas, indicating their relationship to topography and existing streets, or showing other evidence of reasonableness.
F. The schedule of site development, construction of structures and associated facilities. Such schedule shall include the proposed use or reuse of existing features such as topography, streets, easements and natural areas.
G. The relationship of the development to existing and future land use in the surrounding areas, the street system, community facilities, services and other public improvements.
H. An affidavit of the applicant listing all property owners within the 200 feet contiguous to, and directly across the street from, the parcel(s) included in the Preliminary Development Plan and their addresses as appearing on the Knox County Auditor's current tax list.
I. A written statement regarding the potential impact of the proposed development on the student population of the local school district(s).
J. A brief narrative explaining how the project will benefit the Village, and why a PUD is needed.
K. Any other additional information that in the opinion of the Planning and Zoning Commission or Village staff is pertinent to the review of the proposed plan.
(2) Contents of Final Development Plan. Following approval of the Preliminary Development Plan, a Final Development Plan may be submitted to the Planning and Zoning Commission for all or any part of the approved Preliminary Development Plan provided that no details of any Final Development Plans shall necessitate revision of portions of the approved Preliminary Development Plan located outside of the area to be included within boundaries of the Final Development Plan. If revision of any portion of the Preliminary Development Plan is required, a revised Preliminary Development Plan shall be approved by the Planning Commission and all in accordance with the provisions of this Ordinance before approval of the Final Development Plan. Council shall also be required to approve any change to the Preliminary Development Plan and the rezoning. Final Development Plans are intended to be detailed representations of the total aspects of the approved Preliminary Development Plan. Contents of the Final Development Plan shall include:
A. The boundaries of the property which is the subject of the Final Development Plan with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments;
B. All municipal, corporation, township and county lines and section lines traversing or immediately adjacent to the property which is the subject of the Final Development Plan, and adjacent subdivision boundaries within 200 feet of such property, accurately referenced to the boundaries of the project by bearings and distances;
C. A bar scale, north point, legal description and total acreage of the area which is the subject of the Final Development Plan;
D. Accurate location of all monuments, which shall be concrete six inches by six inches by thirty inches with iron pipe cast in center, one such monument to be placed at each corner and at each change of direction of the boundary, at each street intersection and at the beginning and end of curves on one side of the street;
E. A certificate by a surveyor registered in the State of Ohio that the plan represents a survey made by him and that the monuments shown actually exist and that all dimensional and geodetic details are correct;
F. Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, and the acreage of such reserved areas;
G. The lines of adjoining streets and alleys with their width and names;
H. All lot lines and easements with their dimensions;
I. Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners; which shall be designed in such a manner as to allow free and easy access by fire engines and other large emergency and road maintenance vehicles;
J. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school site, open spaces and other public or private facilities;
K. A detailed statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density of population and building intensity;
L. Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the entire areas which are the subject of the Final Development Plan;
M. Detailed engineering site grading plans including proposed finished grades;
N. Proposed drainage facilities;
O. Detailed landscaping plans;
P. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of all elements;
Q. All proposed restrictions or reference made thereto and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions;
R. Evidence that the applicant has sufficient control over the land in question to initiate the proposed project within five years;
S. A certificate to the effect that the owner will dedicate to public use all streets, sidewalks, parks and other lands intended for public use, sewer systems, water systems, hydrants, and all other project infrastructure, provided the same are acceptable to the Village of Gambier;
T. A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan (other than streets and alleys), such areas to be computed inclusive of and after the extension of lot or parcel lines to the center lines of contiguous public ways, such as streets and parking areas;
U. Approval of detailed water and sewer engineering plans by Knox County Health Department and the Ohio EPA, including certification that all permit-to-install (PTI) fees for the Ohio EPA shall be paid by the developer;
V. Space for signature of the Planning Commission chair, vice chair or designee and the date of Commission approval;
W. Location and character of all signs;
X. The proposed size, location, ownership and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the 'Methods of access whereby all residents of the PUD can have ingress to and egress from the aforesaid areas or portions of the tract whether such areas have been previously established or will be established in the future;
Y. An affidavit of the applicant listing all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) included in the Final Development Plan and their addresses as appearing on the Knox County Auditor's current tax list;
Z. A surety bond in favor of The Village of Gambier, Ohio, from a company authorized to transact business in the State of Ohio, and acceptable to the Village, and in an amount set by the Village in consultation with its Engineers, conditioned on the faithful performance of the Developer in completing all street, sewer, water, sidewalk, and other infrastructure elements of the project;
AA. Any other additional information that in the opinion of the Planning and Zoning Commission, Village Council, or Village staff is pertinent to the review of the proposed plan.
18.08 BASIS OF PLAN APPROVAL.
The factors to be considered for approval of the Preliminary Development Plan shall be:
(a) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Ordinance;
(b) That the proposed development advances the general welfare of the Municipality;
(c) That the benefits, amenities, improved arrangement and design of the proposed development justify the deviation from standard development requirements included in the Zoning Ordinance;
(d) The various types of land or building that are proposed in the project;
(e) Where applicable, the relationship of buildings and structures to each other and to such other facilities as are appropriate with regard to land area; proposed density of dwelling units may not violate any contractual agreement contained in any utility contract then in effect;
(f) Traffic and circulation systems within the proposed project as well as its appropriateness to existing facilities in the surrounding area;
(g) Building heights of all structures with regard to their visual impact on adjacent facilities;
(h) Front, side and rear yard definitions and uses where they occur at the development periphery;
(i) Area ratios and designation of the land surfaces to which they apply;
(j) Spaces between buildings and open areas;
(k) Width of streets in the project;
(1) Setbacks from streets;
(m) Off-street parking and loading standards;
(n) The order in which development will likely proceed in complex, multi-use, multi- phase developments;
(o) The potential impact of the proposed plan on the ability to provide police and fire protection, sewer, water, and other village services, and the impact on student population of the local school district(s);
18.9 PROCEDURE FOR APPROVAL OF A PUD.
The following procedures shall be used to secure approval of a PUD and the appropriate changes of zoning resulting therefrom.
(a) Pre-Application Meetings and Documents
1. Pre-Application Meeting. The applicant is encouraged to meet informally with the Village Zoning Inspector, to submit a Pre-Application Plan for review and discussion prior to the formulation and submittal of a Preliminary Development Plan. The Pre-Application Plan is conducted for the applicant's benefit, at applicant's discretion, and its submission does not constitute a formal review. With the submission of the Pre-Application Plan, the applicant waives any rights to a formal approval until such time as a Preliminary Development Plan is submitted for approval as detailed in these provisions. Additionally, the applicant is encouraged to meet with the Chief of the College Township Fire Department. The Village Administrator and the Fire Chief shall review the plan to ensure that all public roadways serving the PUD are designed in such a manner as to allow free and easy access by fire engines and other large emergency and road maintenance vehicles, and to ensure water mains and fire hydrants are of sufficient size and quantity to efficiently extinguish fires.
2. Existing resources and site analysis plan. The Zoning Inspector shall review the pre-application plan submitted by the applicant, and provide a preliminary determination as to whether the proposed project is feasible given village resources, and whether the site is suitable for the project being contemplated.
3. Site inspection by the Chair of the Planning and Zoning Commission, the Zoning Inspector, and the applicant. After review by the Village Zoning Inspector, the Applicant's Preliminary Development Plan shall be forwarded to the Village Planning and Zoning Commission, which shall schedule a date and time to inspect the project site with the applicant.
4. Pre-sketch plan conference. After site inspection has been completed, the Village Planning and Zoning Commission shall meet informally with the applicant for review and discussion prior to submittal of a Preliminary Development Plan. Notice of the conference shall be provided by the Planning and Zoning Commission to all adjoining land owners by ordinary mail at least ten (10) days prior to the conference.
5. Sketch Plan Overlay Sheet. After the pre-sketch plan conference. and prior to submitting a Preliminary Development Plan, the Applicant shall submit a Sketch Plan Overlay Sheet. roughly showing the boundaries of the proposed project, and the areas designated therein. The Sketch Plan Overlay Sheet shall be reviewed by the Village Planning and Zoning Commission, and returned to the Applicant with comments relative to the scope, layout, and feasibility of the project.
(b) Submission of Preliminary Development Plan
1. Applicant shall submit a Preliminary Development Plan in accordance with Section 18.9(c)(1) below, with all of the information required by Section 18.07 (b)(1) of this Ordinance. along with the required filing. engineering, and legal fees.
2. The fee for filing a Preliminary Development Plan shall be Three Hundred and 00/100 Dollars ($300.00). Additionally. applicant shall pay such reasonable fees as may be required for the Preliminary Development Plan to be reviewed by the Village's engineers and legal counsel. Initial engineering and legal fees shall be estimated by the Zoning Inspector, in consultation with the Village's engineers and legal counsel. The estimated engineering and legal fees shall be based upon the scope and complexity of the project, and shall be paid in advance along with the filing fee. Additional engineering and legal fees shall be assessed in direct proportion to the number of change orders ultimately required for the preliminary development plan stage of the project. Applicant shall pay such additional engineering and legal fees, based on the Village's actual costs therefore. within thirty (30) days after receipt of an invoice therefore.
(c) Review of Preliminary Development Plan
1. Ten (10) copies of the completed application and Preliminary Development Plan shall be submitted to the Zoning Inspector at least ten (10) days prior to the Planning and Zoning Commission's next scheduled meeting. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
2. The Zoning Inspector shall transmit the complete application package to the Planning and Zoning Commission. and other parties as the Zoning Inspector deems appropriate, for review and comment.
3. A public hearing by the Planning and Zoning Commission shall be held not more than forty-five (45) days from the date of acceptance of the application package. The procedure for notification of such hearing shall be set forth in Section 20.3 of this Ordinance.
(d) Action by Planning Commission
1. Within thirty-five (35) days from the public hearing, The Planning and Zoning Commission shall review the application for Preliminary Development Plan and forward one of the following recommendations to Village Council:
a. Recommend that the zoning amendment be granted as requested. with rationale.
b. Recommend modification of zoning amendment, with rationale.
c. Recommend that the zoning amendment be denied, with rationale.
(e) Action by Village Council
1. Upon receipt of the recommendation by the Village Planning and Zoning Commission, Village Council shall review and take action on the application, following the procedures specified in Chapter 19 of this Ordinance. Following approval by Village Council, the subject shall be considered as zoned PUD. The approval of that zoning shall be conditioned on development of the tract being in conformance with the Final Development Plan.
(f) Submission of Final Development Plan
1. Not later than twelve (12) months from the approval of the Preliminary Development Plan. the developer shall submit a Final Development Plan in accordance with Section 18.9(g)(1) below. The Final Development Plan shall be in general conformance with the Preliminary Development Plan. and shall include all information required by Section 18.07 (b)(1) of this Ordinance. At the time the Final Development Plan is submitted, the developer shall also submit the required filing, engineering. and legal fees. Failure to submit a Final Development Plan within the specified time period shall render the approved Preliminary Development Plan and the rezoning of the property null and void.
2. The fee for filing a Final Development Plan shall be Three Hundred and 00/l00 Dollars ($300.00). Additionally, applicant shall pay such reasonable fees as may be required for the Final Development Plan to be reviewed by the Village's engineers and legal counsel. Initial engineering and legal fees shall be estimated by the Zoning Inspector, in consultation with the Village's engineers and legal counsel. The estimated engineering and legal fees shall be based upon the scope and complexity of the project, and shall be paid in advance along with the filing fee. Additional engineering and legal fees shall be assessed in direct proportion to the number of change orders ultimately required for the final development plan stage of the project. Applicant shall pay such additional engineering and legal fees, based on the Village's actual costs therefore. within thirty (30) days after receipt of an invoice therefore.
(g) Review of Final Development Plan
1. Ten (10) copies of the completed Final Development Plan shall be submitted to the Zoning Inspector at least ten (10) days prior to the Planning and Zoning Commission's next scheduled meeting.
2. The Zoning Inspector shall transmit the Final Development Plan to,the Planning and Zoning Commission, and other parties as the Zoning Inspector deems appropriate, for review and comment.
3. A public hearing by the Planning and Zoning Commission shall be held not more than forty-five (45) days from the date of acceptance of the Final Development Plan. The procedure for notification of such hearing shall be set forth in Section 19.3 of this Ordinance.
(h) Action by Planning Commission
1. Within thirty-five (35) days from the public hearing, The Planning and Zoning Commission shall approve, or approve with modification, the Final Development Plan if it finds that said plan is in conformance with the approved Preliminary Development Plan, and that no significant constraints exist to construction of the project as planned. Thereupon, the Commission chair, vice chair or designee shall affix his/her signature and approval date thereto attesting to such approval. Following approval of the Final Development Plan and the attestation of such action by the Commission chair. vice chair or designee, the applicant shall provide one Mylar copy of all plans as part of the Final Development Plan for records of the Village.
(i) Council Approval Prior to Recording
1. A final subdivision plat prepared in accordance with applicable requirements of the subdivision regulations for the area covered by the Final Development Plan shall be prepared for Council approval prior to appropriate recording.
(j) Amended Preliminary Development Plan.
1. At any time the applicant and/or his/her successors in title to the property may submit an amended Preliminary Development Plan. In such event the same procedures shall be followed as in the case of an original Preliminary Development Plan and if approved such amended Preliminary Development Plan shall in all respects be considered as if it were the originally adopted Preliminary Development Plan.
(k) Expiration and Extension of Approval Period
1. The approval of the Final Development Plan shall be for a period of not to exceed two (2) years. If no construction has begun within two (2) years after approval is granted: the approved development plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit may be approved
if the Planning and Zoning Commission finds that such extension is in the public interest.
(l) Option to Consolidate Preliminary Development Plan and Final Development Plans
1. At Developer's option, with the consent of the Planning and Zoning Commission, the developer may consolidate the procedures for submission and approval of the Preliminary Development Plan and Final Development Plan. In the event of such a consolidation, the Developer and the Planning and Zoning Commission shall mutually agree upon plan content, fees, and timelines.
18.10 RECORDING AND TRANSFER.
When a final plat is approved by Council, the owner shall file and record the same in the Office of the County Recorder within three months unless such time is, for good cause shown, extended by resolution of Council. If not recorded within this time, the approval of Council shall become null and void. If construction has not begun within two years of approval of the Final Development Plan, all approvals and permits shall be invalidated and canceled. Original tracings will become the permanent record of the County Recorder. One copy of this tracing, reproduced on Mylar, showing the date and place of recording, shall be supplied by the owner to Council as local public records. Such two year period may be extended by the Commission for good cause.
18.11 APPEAL.
If the Planning Commission disapproves the Final Development Plan in a PUD application, the applicant shall have thirty (30) days in which to file an appeal with the Council for review. Such appeal shall be in writing, filed within thirty (30) days of the disapproval, and shall be filed with the Village Administrator. Council shall hold a hearing on the appeal within sixty days after it is filed, and shall render a written decision with findings of fact and conclusions within thirty days after the hearing is concluded.
EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowable by law.
Passed this 5th day of December. 2005.
ORDINANCE 2006-09
AN ORDINANCE TO ABOLISH THE ZONING BOARD OF APPEALS, CHAPTER 16, OF ORDINANCE 1999-03.
BE IT ORDAINED THAT:
Section 1: The Zoning Board of Appeals will be abolished.
Section 2: Ordinance 1999-03 is hereby amended to delete Chapter 16 in its entirety.
Passed this 7th Day of August, 2006
ORDINANCE 2006-14
An Ordinance Amending Ordinance 1999-03. This Ordinance shall amend Section 4.14 A 8, maximum grass height. The maximum grass height for an improved lot shall be 10 inches, and the maximum grass height for an unimproved lot shall be 18 inches.
BE IT ORDAINED and enacted by the Council of the Village of Gambier, State of Ohio as follows:
(A) Non landscaped vegetation shall be cleared from around each building, and the maximum grass height on an improved lot shall be no more than 10 inches measured from the ground level at any point on the lot.
(B) The maximum grass height on an unimproved lot shall be no more than 18 inches measured from the ground level at any point on the lot.
Passed this 6th Day of November, 2006
ORDINANCE 2007-02
An Ordinance to amend Ordinance 1999-03, amend Appendix A, "Table of Required Buffer Yard Plants," to correct the multiplier requirement for all categorizes of buffer yard plants.
Be It Ordained and enacted by the Council of the Village of Gambier, State of Ohio as follows:
Appendix A is amended as follows:
Between similar uses in the same district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
1 (one) canopy tree
2 (two) understory trees
3 (three) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply requirements byl .4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or wider, multiply requirements by 1.8 (one and eight tenths) (round)
Between dissimilar uses in the same district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
2 (two) canopy trees
4 (four) understory trees
6 (six) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply requirements by 1.4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or wider, multiply requirements by 1.8 (one and eight tenths) (round)
Between Business and any other district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
5 (five) canopy trees
10 (ten) understory trees
15 (fifteen) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply requirements by 1.6 (one and six tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply requirements by 1.8 (one and eight tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or wider, multiply requirements by 1.9 (one and nine tenths) (round)
Between all other districts besides Business:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
3 (three) canopy trees
6 (six) understory trees
9 (nine) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply requirements by 1.4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or wider, multiply requirements by 1.8 (one and eight tenths) (round)
Passed this 5th Day of February, 2007
ORDINANCE 2007-06
An Ordinance amending Ordinance 1999-03, zoning rules and regulations for the Village of Gambier. 13.5 will be re-titled to add "accessory buildings". Adding subsection C to 13.5. Subsection C will define the number, size and set backs for "accessory buildings"
Whereas, it is necessary to regulate the number, size and set backs for accessory buildings.
Now Therefore, Be it Ordained:
13.5shall read:
13.5 Residential, mobile homes, accessory buildings and manufactured housing.
13.5 subsection (C) shall read:
There shall be permitted on any property within the Village of Gambier's limits one (1) accessory building. An accessory building shall not exceed 120 square feet and shall comply with all sideline and setback requirements of the district in which the building is placed. Any additional accessory buildings shall be considered a conditional use, requiring notification of adjacent property owners and approval by the Village Council.
Passed this 4th day of June, 2007
ORDINANCE 2008-01
AN ORDINANCE TO AMEND SECTION 15.5 C, REVIEW OF APPLICATIONS, OF ORDINANCE 1999-03
WHEREAS, the Council of the Village of Gambler has determined that it is necessary to revise Ordinance 1999-03. Section 15.5 C. upon recommendation of the Village Mayor, now therefore;
BE IT ORDAINED THAT,
SECTION 15.5 C At the appropriate place within Ordinance 1999-03 the following shall be changed to read:
C. At the conclusion of the hearing or meeting upon the application, it may take immediate action on the application, or it may delay action for up to thirty-one (31) days. In the event immediate action is taken, it shall verbally state its findings of facts and its decision. In the event action is taken at a later date, it shall reduce its findings of fact and its decision to writing. In all cases. its findings of fact and decision shall be announced in a public meeting, and shall be accurately reflected in the minutes of the meeting.
SECTION 15.5 C REPEALER: Simultaneously with the passage of the Ordinance. this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
EFFECTIVE DATE: This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowable by law.
Passed this 7th day of January, 2008
ORDINANCE 2008-07
AN ORDINANCE AMENDING ORDINANCE 1999-03, TO RE-ZONE ONE BLOCK FROM THE RESIDENTIAL DISTRICT TO MIXED-USE DISTRICT.
WHEREAS, the Council of the Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after public hearing upon said recommendations as required by law, now therefore:
BE IT ORDAINED THAT
SECTION 1:
The block from the North side of Wiggin Street to the South side of E, Brooklyn Street and from the West side of Acland Street to the east side of Center Run shall be re-zoned from the Residential District to the Mixed-use District.
SECTION 2 REPEALER:
Simultaneously with the passage of the Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
EFFECTIVE DATE:
This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Passed this 5th Day of May, 2008
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