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153.066 Review and Approval Procedures and Criteria

(A) Intent
The intent of §153.066 is to provide an efficient and predictable review process for rezoning and/or development applications within the Bridge Street District zoning districts and to enhance Dublin’s reputation for high quality development while allowing property owners to compete for development consistent with the direction articulated in the Community Plan (Bridge Street District Area Plan). The review and approval procedures and criteria help ensure that new development and redevelopment is served by adequate and efficient infrastructure so as not to burden the fiscal resources of the City, and to protect the health, safety, and general welfare of residents, occupants, and users of property in the BSD zoning districts and surrounding areas of the city.

(B) Required Reviews
(1) This section outlines the requirements and procedures for development review specifically within the BSD zoning districts. The review procedures of §153.066 shall be used for all development applications in a BSD zoning district. TABLE 153.066-A, Summary Procedure Table, describes the review procedures applicable in all BSD zoning districts.

(2) The following abbreviations and terms are used in §153.066:
ART – Administrative Review Team
ARB – Architectural Review Board
BZA – Board of Zoning Appeals
PZC or Commission – Planning and Zoning Commission
CC or Council – City Council
Director – Planning Director

(C) Pre-Application Review
(1) Purpose and Applicability
(a) The purpose of the Pre-Application Review is to provide a potential applicant with a non- binding review of a development proposal and to provide information on the procedures and policies of the City, including application review procedures.
(b) Pre-Application Review with the Administrative Review Team (ART) is required for any proposal that requires Development Plan or Site Plan Review under the provisions of §153.066(E) and (F).
(c) Pre-Application Reviews may be submitted and processed simultaneously with a request for a Basic Plan Review as provided in §153.066(D).
(d) Pre-Application Reviews do not result in a development decision or permit, and shall not obligate the City or the developer to take any action on the proposal.

(2) Review Procedure
(a) A request for a Pre-Application Review shall be made in accordance with the provisions of §153.066(N)(1).
(b) The City shall notify the applicant in writing at least five days prior to the Pre-Application Review meeting.
(c) The ART and other applicable departments shall be promptly notified of the ART Pre-Application Review meeting. Prior to the meeting the Director shall distribute the submitted materials to the ART and other applicable departments for input and recommendations.
(d) The ART shall review the submitted materials and provide non-binding input and recommendations. The ART shall complete its review of the application not more than 14 days from the date the request was submitted.
(e) A written summary of the Pre-Application Review meeting shall be provided to the applicant not more than 10 days after the Pre-Application Review meeting.
(f) Additional Pre-Application Review meetings with the ART may be requested prior to filing a request for a Basic Plan Review.
(g) The written summary of the Pre-Application Review shall be forwarded to the required reviewing body with the application for a Basic Plan Review.

(D) Basic Plan Review
(1) Purpose and Applicability
(a) Purpose
1. The purpose of the Basic Plan Review is to outline the scope, character, and nature of the proposed development and to determine the applicable review process.
2. The Basic Plan Review allows the required reviewing body to evaluate the proposal for its consistency with commonly accepted principles of walkable urbanism as described in §§153.057 and 153.058, the Community Plan, including the Bridge Street District Plan, and other related policy documents adopted by the City, and to consider the proposal within the context of existing and planned development within the vicinity of the project.
3. The Basic Plan Review provides an opportunity for public input at the earliest stages of the development process.
4. The Basic Plan Review provides clear direction to the applicant and the required reviewing body in its evaluation of an application for Development Plan and/or Site Plan Review.
(b) Applicability
1. Due to the significant amount of infrastructure that will be required as part of the development of the Bridge Street District, key private development projects will require partnerships with the City to be feasible. To ensure early Council understanding and support for the proposed development, City Council shall conduct the basic plan review for proposals that will involve development agreements with the City and shall determine the required reviewing body for subsequent development plan and/or site plan review applications. For purposes of this section, “development agreement” shall mean an agreement between an individual or other private entity and the City Council to develop a parcel of land for a use permitted by the City. The development agreement may set out responsibilities of the parties for items such as development time frame, property limits, infrastructure development terms, public and private contributions, development restrictions and other related terms.
2. All other basic plan applications not requiring a development agreement shall be reviewed by the Planning and Zoning Commission, or the Architectural Review Board as provided in §153.066(D)(1)(b)(3).
3. For applications not requiring a development agreement, a Basic Plan Review is at the option of the applicant for any proposal that requires Development Plan and/or Site Plan Review by the Architectural Review Board under the provisions of §153.066(J). Provided that a Basic Plan Review may be required by the ART if it concludes that the application includes major site or building improvements that would benefit from a Basic Plan Review by the ARB.

(2) Review Procedure
(a) An application for a Basic Development Plan Review or Basic Site Plan Review shall be made in accordance with the provisions of §153.066(N)(1).
(b) A public review of a Basic Plan application shall be held in accordance with the provisions of §153.066(N)(1)(f).
(c) Applications for Basic Plan Review shall be approved, approved with conditions, or denied based on the Development Plan Review criteria of §153.066(E)(3) and/or the Site Plan Review criteria of §153.066 (F)(3). If denied, the applicant shall be permitted to submit an application for another Basic Plan Review.
(d) The decision on the Basic Plan Review shall be provided not more than 28 days from the filing of a complete Basic Plan Review application. The required reviewing body shall schedule meetings as necessary to meet the review period requirement.
(e) The Basic Plan Review decision provided by the required reviewing body shall be forwarded in writing to the applicant not less than 10 days following the review.
(f) The decision and findings of the Basic Plan Review shall be incorporated into the Development Plan and/or Site Plan Review application.
(g) If a Development Plan and/or Site Plan Review application is not submitted within one year from the date of the approved Basic Plan Review, the applicant shall be required to submit a new application for a Basic Plan Review prior to submitting an application for a Development Plan and/or Site Plan Review involving the same site.

(3) Required Reviewing Body Determination
(a) For Basic Plan Review applications submitted in accordance with the provisions of §153.066(D)(1)(b)(1) the City Council shall determine the required reviewing body for the subsequent Development Plan and/or Site Plan Review applications.
(b) For Basic Plan Reviews conducted by the Planning and Zoning Commission, the Commission shall determine the required reviewing body for the subsequent Development Plan and/or Site Plan Review applications. In making its determination, the Commission will consider any of the following factors:
1. Whether the application raises complex issues, including but not limited to, the need for major infrastructure improvements and other neighborhood or community-wide effects that would benefit from a Commission decision.
2. Whether the application is generally consistent with the principles of walkable urbanism as described in §§153.057 and 153.058, the five Bridge Street District Vision Principles, the Community Plan or other applicable City plans.
3. Whether the application involves a substantial number of Waivers or the scope of requested Waivers would result in a significant deviation from the requirements of §§153.059 through 153.065.
(c) The Council or Commission’s determination of the required reviewing body shall be forwarded in writing to the applicant not less than five days following the determination.
(d) An application for Development Plan Review and/or Site Plan Review may be submitted as provided in §153.066(N).
1. The required reviewing body shall review applications in accordance with the provisions of §§153.066(E)(2)(c) and 153.066(F)(2)(c).
2. Applications for which the Administrative Review Team is the required reviewing body shall be reviewed in accordance with §§153.066(E)(2)(d) and 153.066(F)(2)(d).
(e) Applications for which the Architectural Review Board is the required reviewing body shall be reviewed in accordance with §153.066(J).

(E) Development Plan Review
(1) Purpose and Applicability
(a) The purpose of the Development Plan Review is to:
1. Ensure that the street network and block framework meet the requirements of §§153.060, 153.061 and §153.063, as applicable;
2. Ensure that proposed street types are consistent with the principles of walkable urbanism as described in §§153.057 and 153.058;
3. Ensure that planned open spaces and building types, when known, will meet the applicable general siting requirements of §§153.062 and 153.064;
4. Ensure that the proposed development is consistent with the general development requirements of the City with respect to such elements as infrastructure, transportation, and environmental considerations; and
5. Ensure that the proposed development will contribute to the creation of signature places in the city consistent with the Bridge Street District Plan through an evaluation of long-term phasing plans, transitional development conditions, and planned placemaking elements.
6. The Development Plan review process is not intended to be a review of the individual development regulations of §153.059 and §§153.062 through 153.065, which are intended for the Site Plan Review process.
(b) An application for a Development Plan Review is required if at least one of the following conditions is satisfied:
1. The application involves the construction of more than one principal structure on one or more parcels;
2. The application includes five or more gross acres of land;
3. The application involves the design or construction of new streets, or a proposed realignment or relocation of any other street in the general pattern of street development conceptualized by the Bridge Street District Street Network map in §153.061 that is required or permitted by the City;
4. The application involves subdivision in accordance with Chapter 152 of the Dublin Code of Ordinances is required.

(2) Review Procedures
(a) Applications for Development Plan Review shall be submitted in accordance with the provisions of §153.066(N)(1).
(b) The required reviewing body for a Development Plan Review application shall be determined under the provisions of §153.066(D)(3) and the application shall be reviewed under the provisions of §153.066(E)(2)(c), (d) or (e) as applicable.
(c) Required Reviewing Body Review Procedures
1. Administrative Review Team Recommendation
A. The ART make a recommendation to the required reviewing body for approval, approval with conditions, or denial of the Development Plan application under the criteria of §153.066(E)(3). The recommendation shall be made not more than 28 days from the receipt of a completed application. The ART’s recommendation shall be provided to the applicant in writing not more than 5 days after the ART’s recommendation.
B. Following the review, the applicant shall be given the opportunity to revise the application in response to the ART’s comments. The applicant may request additional subsequent meetings with the ART, which may be subject to up to an additional 28 day time limit for a decision.
2. The required reviewing body shall review the Development Plan application and the recommendation of the ART and render its decision based on the criteria of §153.066(E)(3) for approval, approval with conditions, or denial not more than 14 days after the date of the determination by the ART. The required reviewing body’s decision shall be provided to the applicant in writing not more than 14 days after the date of the decision.
(d) Administrative Review Team (ART) Review
1. The ART shall review the application for Development Plan Review and render a determination based on the criteria of §153.066(E)(3) for Development Plans for approval, approval with conditions, or denial.
2. The ART shall make a decision on the application not more than 28 days from the date of the submission of a complete application for a Development Plan Review.
(e) Applications for which the Architectural Review Board is the required reviewing body shall be reviewed in accordance with §153.066(J).

(3) Review Criteria for Development Plans
Each required reviewing body shall make its recommendation or its decision on an application for Development Plan Review based on each of the following criteria and the recommendation of the ART and the required reviewing body during the Basic Plan Review:
(a) The Development Plan shall be substantially similar to the approved Basic Development Plan;
(b) The lots and blocks proposed are consistent with the requirements of §153.060;
(c) The application is consistent with the general pattern of street development conceptualized by the BSD Street Network as shown in §153.061 and the expected traffic from the development can be accommodated on existing or proposed streets consistent with that system;
(d) The proposed street types are consistent with the principles of walkable urbanism as described in §§153.057 and 153.058 and are designed to coordinate with the scale, intensity and character of development planned on adjacent lots and blocks;
(e) The proposed buildings and open spaces are appropriately sited and consistent with the requirements of §§153.062 and 153.064;
(f) The application is consistent with the requirements of §153.063, Neighborhood Standards, if applicable;
(g) If the development is to be implemented in phases, each phase is able to be considered independently, without the need for further phased improvements;
(h) The application demonstrates consistency with the five Bridge Street District Vision Principles, Community Plan and other related policy documents adopted by the City; and
(i) The application provides adequate and efficient infrastructure to serve the proposed development, consistent with the City’s most recently adopted Capital Improvements Program.

(F) Site Plan Review
(1) Purpose and Applicability
(a) The purpose of the Site Plan Review is to confirm that the proposed development of an individual site, building, and/or open space is consistent with the BSD zoning district regulations.
(b) The Site Plan Review process is intended as a review of the individual development regulations of §153.059 and §§153.062 through 153.065. Approval of the Site Plan Review includes assuring that the dimensions of a parcel meet the lot size requirements for the applicable building type(s) and that the surrounding street network meets the applicable requirements of §§153.060 and 153.061.
(c) A Site Plan Review is required for any development application within the BSD zoning districts, including those applications for which a Development Plan is required, with the exception of applications meeting the requirements for a Minor Project as provided in §153.066(G)(2).

(2) Review Procedures
(a) Applications for Site Plan Review shall be submitted in accordance with the provisions of §153.066(N)(1).
(b) The required reviewing body for a Site Plan Review application shall be determined under the provisions of §153.066(D)(3) and the application shall be reviewed under the provisions of §153.066(F)(2)(c), (d) or (e) as applicable.
(c) Required Reviewing Body Review Procedures
1. The ART shall provide a recommendation to the required reviewing body for approval, approval with conditions, or denial of the Site Plan Review application under the criteria of §153.066(F)(3). The recommendation shall be made not more than 28 days from the receipt of a completed application. The ART’s recommendation shall be provided to the applicant in writing not more than 5 days after the ART’s recommendation.
2. Following the review, the applicant shall be given the opportunity to revise the application in response to the ART’s comments if the application is not recommended for approval by the ART. The applicant may request additional subsequent meetings with the ART which may be subject to up to an additional 28 day time limit for a decision.
3. The required reviewing body shall review the Site Plan application and the recommendation of the ART and render its decision based on the criteria of §153.066(F)(3) for approval, approval with conditions, or denial not more than 14 days from the date of the determination by the ART. The required reviewing body’s decision shall be provided to the applicant in writing not more than 14 days after the date of the decision.
(d) Administrative Review Team (ART) Review
1. The ART shall review the application for Site Plan Review and render a determination based on the criteria of §153.066(F)(3) for Site Plans for approval, approval with conditions, or denial.
2. The ART shall make a decision on the application not more than 28 days from the date of the submission of a complete application for a Site Plan Review.
(e) Applications for which the Architectural Review Board is the required reviewing body shall be reviewed in accordance with §153.066(J).

(3) Review Criteria for Site Plans
The required reviewing body shall make its recommendation or its decision on an application for Site Plan Review based on each of the following criteria and the recommendation of the ART and the required reviewing body during the Basic Plan Review:
(a) The Site Plan Review shall be substantially similar to the approved Basic Site Plan.
(b) If a Development Plan has been approved that includes the property, the application is consistent with the Development Plan;
(c) The application meets all applicable requirements of §153.059 and §§153.062 through 153.065 except as may be authorized by AdministrativeDeparture(s)orWaiver(s)pursuantto §153.066(H) and §153.066(I), respectively;
(d) The internal circulation system and driveways provide safe and efficient access for residents, occupants, visitors, emergency vehicles, bicycles, and pedestrians;
(e) The relationship of buildings and structures to each other and to other facilities provides for the coordination and integration of the development within the surrounding area and the larger community and maintains the image of Dublin as a high quality community with a commitment to exemplary planning and design;
(f) The application is consistent with the requirements for types, distribution, and suitability of open space in §153.064 and the site design incorporates natural features and site topography to the maximum extent practicable;
(g) The scale and design of the proposed development allows the adequate provision of services currently furnished by or that may be required by the City or other public agency including, but not limited to, fire and police protection, public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative services;
(h) Stormwater management systems and facilities will not cause alterations that could increase flooding or water pollution on or off the site, and removal of surface waters will not adversely affect neighboring properties;
(i) If the development is to be implemented in phases, each phase is able to be considered independently, without the need for further phased improvements; and
(j) The application demonstrates consistency with commonly accepted principles of walkable urbanism as described in §§153.057 and 153.058, the five Bridge Street District Vision Principles, Community Plan and other related policy documents adopted by the City.

(G) Minor Project Review
(1) Purpose and Applicability
The purpose of the Minor Project Review is to provide an efficient review process for smaller projects that do not have significant community effects. The Minor Project review is necessary to ensure that applications meet the requirements of this Chapter.

(2) The following shall be considered Minor Projects:
(a) Individual single family detached dwelling units.
(b) Multiple family and townhouse buildings of 8 or fewer dwelling units in a single building on an individual lot and not part of a larger development complex.
(c) Development of mixed-use and non-residential principal structures of 10,000 square feet or less gross floor area, and associated site development requirements.
(d) Additions to principal structures that increase the gross floor area by not more than 25%, or not more than 10,000 square feet gross floor area, whichever is less, existing as of the effective date of this amendment, or when first constructed, and associated site development requirements.
(e) Exterior modifications to principal structures involving not more than 25% of any individual façade elevation of the structure.
(f) Signs, landscaping, parking, and other site related improvements that do not involve construction of a new principal building. Parks when used to meet requirements as an open space type, as provided in§153.064, shall require Site Plan Review.
(g) Accessory structures and uses.
(h) Modifications to Existing Structures in accordance with §153.062(B).
(i) Parking plans when not associated with a Development Plan or Site Plan Review.

(3) Review Procedure
(a) An application for a Minor Project Review shall be made in accordance with the provisions of §153.066(N)(1).
(b) Following acceptance of a complete application for a Minor Project, the ART shall approve, deny, or approve with conditions the application not more than 14 days from the date the request was submitted. The City shall notify the applicant in writing not less than five days prior to the review meeting.
(c) The ART shall review the application and approve, approve with conditions, or deny the application based on the criteria of §153.066(F)(3) applicable to Site Plan Reviews. A written summary of the ART decision shall be provided to the applicant not more than 10 days after the Minor Project Review meeting.
(d) Alternatively, the ART may forward any Minor Project Review application to the Planning and Zoning Commission for a decision at their next available meeting if it concludes that the application raises complex issues, including but not limited to, the need for public infrastructure improvements and/or other neighborhood or community-wide effects that would benefit from a Commission decision. These applications shall be reviewed under the provisions of §153.066(F)(2)(c) and shall not require a Basic Plan Review.
(e) Following the decision, the applicant shall be given the opportunity to revise the application in response to the ART’s comments if the application is not approved by the ART. The applicant may request additional subsequent meetings with the ART, which shall also be subject to the 14 day time limit for a decision.

(H) Administrative Departures
(1) Purpose and Applicability
The intent of §153.066(H) is to provide an administrative process to allow minor deviations from the strict application of the BSD zoning district requirements caused by unusual site or development conditions or conditions unique to a particular use or other similar conditions that require reasonable adjustments, but remain consistent with the intent of this Chapter. Examples include, but are not limited to, minor adjustments to building setbacks, parking requirements, landscaping, building materials, or other similar features or elements.

(2) Review Procedure
(a) A request for an Administrative Departure may be submitted with an application for a Development Plan, Site Plan, or Minor Project Review, or at any time after those applications have been submitted and before a decision or recommendation by the ART has been made. If a request for Administrative Departure is made after any application for which a time limit is provided the Director may require that the time period for ART review start over on the day the request for an Administrative Departure is received.
(b) A request for an Administrative Departure may be processed simultaneously with the Development Plan, Site Plan, or Minor Project Review to which it relates. The ART shall determine whether each requested Administrative Departure is approved, approved with conditions, or denied. Decisions on Administrative Departures shall be reported to the required reviewing body that approved the Development Plan and/or Site Plan Review.
(c) Should the ART find that the request does not meet the criteria for an Administrative Departure, the applicant may request a Waiver under the provisions of §153.066(I) or submit a new application for Development Plan, Site Plan, or Minor Project Review.

(3) Criteria for Administrative Departure Approval
The ART shall make its decision on the requested Administrative Departure based on the following criteria:
(a) The need for the Administrative Departure is caused by unique site conditions, conditions on surrounding properties, and/or otherwise complies with the spirit and intent of the Bridge Street District Plan, and is not being requested simply to reduce cost or as a matter of general convenience;
(b) The Administrative Departure does not have the effect of authorizing any use, sign, building type, or open space type that is not otherwise permitted in that BSD zoning district;
(c) The Administrative Departure does not modify any numerical zoning standard related to building dimensions, lot dimensions or coverage, open space, landscaping, parking, fencing, walls, screening, or exterior lighting by more than 10% of the requirement; and
(d) The Administrative Departure, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other development features than without the Administrative Departure.

(I) Waiver Review
(1) Requests for Waivers shall be submitted for any project elements that deviate from one or more of the requirements of §§ 153.059 through 153.065, and that do not qualify for an Administrative Departure under the provisions of §153.066(H). The Waiver request may be submitted with any application for Development Plan, Site Plan, or Minor Project Review.
(2) The ART shall review the requested Waivers and make recommendations to the required reviewing body for their approval, denial, or approval with conditions. Should additional necessary Waivers be determined by the ART during its review, those Waivers may be included for review by the required reviewing body.
(3) The required reviewing body shall review the requested Waivers using the criteria of §153.066(I)(6). Should other Waivers be necessary to resolve conflicts with other requirements of this Chapter resulting from the requested Waivers, those Waivers shall also be reviewed by the required reviewing body.
(5) The required reviewing body shall approve, approve with conditions, or deny the specific Waiver request(s) not more than 28 days from the recommendation of the ART.
(6) Criteria for Waiver Review
The required reviewing body shall make its recommendation/decision on an application for proposed Waivers based on all of the following criteria and with consideration to the recommendation of the ART:
(a) The need for the Waiver is caused by unique site conditions, the use of or conditions on the property or surrounding properties, or other circumstance outside the control of the owner/lessee, including easements and rights-of-way;
(b) The Waiver, if approved, will generally meet the spirit and intent of the Bridge Street District Plan and supports the commonly accepted principles of walkable urbanism;
(c) The Waiver is not being requested solely to reduce cost or as a matter of general convenience;
(d) The Waiver, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other similar development features than without the Waiver;
(e) The requested modification would better be addressed through the Waiver rather than an amendment to the requirements of this Chapter;
(f) For Development Plans, the other Development Plan elements not affected by the Waiver will be generally consistent with §153.060(A) and§153.061(A); and
(g) For Site Plan Reviews and Minor Project Reviews, the Waiver does not have the effect of authorizing any use or open space type that is not otherwise permitted in that BSD zoning district.

(J) Architectural Review Board (ARB) Review
(1) Applications for Basic Plan (if conducted), Development Plan, Site Plan, Minor Project Reviews and Waiver Reviews for property within the Architectural Review District shall be reviewed by the ART within the timeframes specified in §§153.066(D)(2), 153.066(E)(2)(a), or 153.066(F)(2)(a), as applicable and then forwarded to the ARB with a recommendation for approval, approval with conditions, or denial.

(2) Applications for Basic Plan, Development Plan, Site Plan, Minor Project Reviews and Waiver Reviews for which the ARB is the required reviewing body shall be reviewed in accordance with the standards of §§153.066(E)(3), 153.066(F)(3), 153.066(G), and/or 153.066(I), as applicable, as well as the provisions of §153.170 through §153.180.

(3) Public Review
A public review of applications for Basic Plan (if conducted), Development Plan, Site Plan, Minor Project Reviews and Waiver Reviews for which the ARB is the required reviewing body shall be held in accordance with the provisions of §153.066(N)(1)(f).

(4) The ARB shall make a decision on the application not more than 28 days from the date of the ART’s recommendation.

(5) In the event of a conflict between the requirements of §153.059 and §§153.062 through 153.065, and the provisions of §153.170 through §153.180, the ARB shall determine the most appropriate provisions to apply to the specific application based on the criteria of §153.066(E)(3) for Development Plans and §153.066(F)(3) for Site Plan and Minor Project Reviews.

(K) Minor Modifications
(1) Purpose and Applicability
(a) The Director may authorize Minor Modifications to approved Development Plans, Site Plans and Minor Projects that are required to correct any undetected errors or omissions, address conditions discovered during the permitting process or construction, or that are necessary to ensure orderly and efficient development. Any approved Minor Modifications must be consistent with the approved Development Plan, Site Plan or Minor Project Review, as applicable.
(b) The Director may also authorize Minor Modifications to Existing Structures and associated site improvements that are necessary to complete ordinary maintenance, refurbishment or Zoning Code compliance.
(c) The following are considered Minor Modifications:
1. Adjustments to lot lines, provided no additional lots are created, required setbacks and/or RBZs are maintained, and the boundaries to any approved Development Plan are not altered;
2. Adjustments to the location and layout of parking lots provided the perimeter setbacks, yards and buffers, and required parking are maintained;
3. Adjustments for buildings up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character of the use;
4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;
6. Relocating fencing, walls or screening (not including screening walls), provided that the same level and quality of materials and screening are maintained;
7. Modifications to sign location, sign face, landscaping and lighting, provided the general sign design, number of signs, and dimensional requirements are maintained;
8. Changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the previously approved material;
9. Changes required by outside agencies such as the county, state, or federal departments; and/or
10. Other modifications deemed appropriate by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.

(2) Review Procedure
(a) An application for a Minor Modification shall be made in accordance with the provisions of §153.066(N)(1) for Certificates of Zoning Plan Approval.
(b) The Director shall review the request for a Minor Modification and make a decision on the request not more than 14 days after receiving a complete application for Certificate of Zoning Plan Approval.
(c) If denied, or approved with conditions, the applicant shall be given the opportunity to revise the request in response to the Director’s comments and resubmit for further consideration. If a revised application for Certificate of Zoning Plan Approval is submitted, the 14 day review period shall start over on the day the revised request is received.
(d) Requests not meeting the requirements for a Minor Modification shall require the filing and approval of a new application for a Development Plan Review, Site Plan Review, Minor Project Review, or other review, as applicable, in accordance with §153.066.

(L) Other Applicable Reviews
(1) Open Space Fee in Lieu
After a recommendation from the ART, the Planning and Zoning Commission shall determine whether a request for a payment of a fee in lieu of open space dedication may be approved, as provided in §153.064(D) and (E).
(2) Conditional Uses
The conditional use approval procedures in §153.236 shall apply in the BSD zoning districts. For those projects requiring a development agreement, City Council shall determine the required reviewing body for any conditional use. A recommendation from the ART and the ARB, as applicable, shall be submitted for consideration by the Council or the Planning and Zoning Commission.
(3) Zoning Map or Text Amendment
The amendment procedures of §153.234 shall apply in the BSD zoning districts. In addition, a recommendation from the ART and the ARB, as applicable, shall be submitted for consideration by the Planning and Zoning Commission and City Council.
(4) Preliminary and Final Plats
Reviews of Preliminary and Final Plats shall be governed by Chapter 152 of the Dublin Code of Ordinances.
(5) Special Permit
The Special Permit procedures in §153.231(G) shall apply in the BSD zoning districts.
(6) Zoning Variance
The zoning variance procedures in §153.231(H) shall apply in the BSD zoning districts. In addition, a recommendation from the ART shall be submitted for consideration by the Board of Zoning Appeals and for City Council in the instance of a use variance.
(7) Public Tree Permit
The tree permit requirements of §153.134(G) shall apply in the BSD zoning districts.
(8) Master Sign Plan
(a) The Planning and Zoning Commission or Architectural Review Board shall review all master sign plans in the BSD zoning districts, as provided in §153.065(H). A recommendation from the ART shall be submitted to the required reviewing body for consideration.
(b) For those projects requiring a development agreement, City Council may determine the required reviewing body for a master sign plan.

(M) Appeals
(1) An appeal may be taken by any applicant where it is alleged by the applicant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by the required reviewing body or official for any decision required by this Chapter in the BSD zoning districts.
(2) Appeals shall be taken within 20 days after the decision of the required reviewing body by filing with the Clerk of City Council of a notice of appeal, specifying the grounds. The Clerk shall transmit to City Council all the materials constituting the record upon which the action was taken.
(3) City Council must determine whether or not to hear the appeal, in its sole discretion and by a motion passed by a majority vote, no later than 21 days following the Clerk of City Council’s receipt of the written notice of appeal, unless an extended time is agreed upon by City Council and the applicant
(4) City Council shall decide the appeal no later than 28 days following the date of Council’s decision to hear the appeal, unless an extended time is otherwise agreed upon by City Council and the applicant. In considering the appeal, City Council may consider any evidence and may affirm, reverse, or otherwise modify the decision of the required reviewing body or any other part of the application.

(N) General Provisions
(1) Applications
(a) Each application required by §153.066 shall be made in writing on a form provided by the City and shall be accompanied by the fee as established by City Council.
(b) Applications for approvals in the BSD zoning districts shall include all information required by the City, unless some information is deemed unnecessary by the Director based on the nature and scale of the proposed development. No application shall be accepted by the City until it is complete. Any applicable time limits noted in §153.066 shall not begin until a complete application is accepted by the City. If found to be incomplete, the Director shall inform the applicant of any additional materials required to complete the application.
(c) After acceptance of a complete application, the Director and/or required reviewing body may request additional materials if deemed necessary to evaluate the proposal.
(d) Resubmission
No application for a Development Plan or Site Plan Review which has been denied by the required reviewing body shall be resubmitted for a period of one year from the date of the decision, unless permitted by the Director after a demonstration by the applicant of a change of circumstances from the previous application that may reasonably result in a different decision.
(e) Simultaneous Processing
1. In cases where a Development Plan application is submitted, a Site Plan Review and/or a Minor Project may be reviewed simultaneously with that Development Plan, if approved by the Director.
2. The Site Plan Review or Minor Project approval shall not be effective until the Development Plan has been approved. If appropriate, other required reviews as provided in this section may be processed jointly with a Development Plan and/or Site Plan Review application.
(f) Public Reviews
Where public reviews are required by this section, a written notice of the public meeting shall be sent, not less than 10 days prior to the meeting, to the applicant, property owner, and owners of parcels of land within 300 feet of the subject parcel(s), as listed on the County Auditor’s current tax list. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, the time, date and location of the meeting at which the application will be considered, and indicate when and where written comments will be received concerning the request.

(2) Decisions
(a) Any application required to be reviewed under §153.066 shall be approved, approved with conditions, or denied by the required reviewing body based on the applicable review criteria as provided in §153.066 and other applicable provisions of this Chapter. The recommending body and required reviewing body shall state the reasons for their decisions in the minutes and provide a written record of the decision to the applicant not more than 10 days after a recommendation or decision is made, unless otherwise provided in this section.
(b) Prior to reaching a decision, if the required reviewing body determines that an application does not meet the applicable review criteria as provided in §153.066 and other applicable provisions of this Chapter, but determines that the application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request that the decision on the application be postponed to provide the opportunity to make those modifications. If the request for postponement is granted, a new review period shall begin on the date the applicant submits a complete application with revised materials.

(c) Following the approval of a Site Plan Review or Minor Project application, the applicant may proceed with the process for obtaining a Certificate of Zoning Plan Approval and building permit, consistent with the approval as granted. All construction and development under any building permit shall comply with the approved Site Plan Review and Development Plan, and any other approval, as applicable.

(3) Certificate of Zoning Plan Approval
A Certificate of Zoning Plan Approval issued by the Director verifying compliance with all applicable zoning requirements is required prior to modification, extension, or alteration of sites and structures, and/or change of use in BSD zoning districts.

(4) Code Administration
The Planning and Zoning Commission and the Architectural Review Board may evaluate and monitor the application of the requirements and standards of §§153.057 through 153.066 by the ART. The Commission and the Architectural Review Board may advise the ART as to whether it finds that the requirements or standards (including requests for Administrative Departures) are being applied correctly, and recommend to City Council any changes needed in the BSD zoning district standards and requirements to better implement the Bridge Street District Plan.

(5) Time Extensions
(a) Where the provisions of §153.066 require that an action be taken by the City within a stated period of time, that time may be extended with the written consent of both the applicant and the Director prior to expiration of the required time period.
(b) If the applicant submits a revised application during any required review period, and the Director determines that the revised application differs substantially from the previous application, a new review period shall begin and additional meetings of the required reviewing body may be scheduled if deemed necessary by the Director.

(6) Duration of Approvals
(a) An application shall be filed for a Development Plan and/or Site Plan Review within one year following the completion of the Basic Plan Review. If a Development Plan and/or Site Plan Review application is not filed within this period a new Basic Plan Review shall be required in accordance with the requirements of §153.066(D).
(b) All Development Plan, Site Plan Review, and Minor Project approvals made pursuant to §153.066 shall be valid for a period of two years. If an initial building permit and/or Certificate of Zoning Plan Approval for the approved development has not been issued within that two year period, the applicant shall be required to apply for a new Development Plan, Site Plan Review, or Minor Project approval, as applicable, pursuant to §153.066 before obtaining a building permit.
(c) Abandonment
1. Once a final approval is granted by the required reviewing body, if significant construction is not started within two years and meaningfully continued, or the Director of Building Standards determines that work has been abandoned for a continuous period of six months, the approval shall lapse and cease to be in effect.
2.The Director of Building Standards shall make the determination of abandonment based on the presence of one or more of the following conditions:
A. Removal of construction equipment or supplies;
B. Expiration of an active building permit issued by the City;
C. Evidence of a failure to maintain the property, such as overgrown weeds, failure to secure buildings, broken windows, or other evidence of lack of maintenance;
D. Other actions documented by the Director of Building Standards and/or Director evidencing intent to abandon the construction of the project.
3. Once the Director of Building Standards makes a determination of abandonment, if a new Bridge Street District application is not submitted within 90 days from the date of the determination, the owner shall restore the site to its previous condition, and/or remove any structures or other evidence of work on the site, within 180 days from the date of the determination of abandonment. If the owner fails to restore the site to its previous condition within 180 days, the City may take any and all actions necessary to restore the site to its previous condition, including removing any structures or other evidence of work, and the costs of removal shall be assessed against the property.

(7) Administrative Review Team (ART)
(a)The purpose of the Administrative Review Team is to provide for review and approval authority for certain applications as defined by §153.066. The Administrative Review Team is responsible for the comprehensive review of each application, and making recommendations to City Council, the Planning and Zoning Commission, Architectural Review Board, or Board of Zoning Appeals where required. The ART is also responsible for making decisions in an efficient and timely manner based on evaluation of objective development standards and specific review criteria. While these objective standards and criteria must guide the decisions of the ART, it is recognized that some degree of subjectivity may be part of the ART’s deliberations.
(b) The Administrative Review Team shall consist of the Director (Chair), City Engineer, Fire Chief, Economic Development Manager, Parks and Open Space Director, Police Chief, and Chief Building Official, or their representatives, and any other members appointed by the City Manager as deemed necessary, either as permanent or temporary members.
(c) The ART may use the services of other professionals, such as architectural, engineering, and other consultants as they deem necessary, to advise the ART on the application of the provisions of this Chapter.

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