Appendix C. Procedure On Special Plans For Building Groups

C. PROCEDURE ON SPECIAL PLANS FOR BUILDING GROUPS

1. Application for approval.

An application for approval of a special plan for a building group shall be filed with the office of zoning administration and shall contain the following information:

a. Interest and ownership. The applicant's name, address, and interest in the application, and the name, address, and interest of every person, firm, or corporation represented by the applicant in the application, the concurrence of the owner or owners of the entire land area included in the special plan and all encumbrancers of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrancers of the designated land area, intend actually to develop the designated area, and have both the means and ability to do so;

b. Plans for building group. Plans showing the land area included within the special plan, with the boundaries and dimensions and present zoning classification of the area, the adjoining properties and the present zoning classification thereof, all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties, the location of buildings and the use of the land on adjoining properties, proposed contours not to exceed two-foot intervals and necessary finished grades, the location, number of stories, and gross floor area of proposed principal buildings and accessory buildings, curb cuts, driveways, off-street parking areas, off-street loading areas, walks, open areas to be set aside for special purposes, the location and height of proposed walls, fences, and screen planting, the types of paving or other surfacing to be used in the various areas, and such other site information as may be necessary to describe completely the proposed building group.

2. Administrative examination.

Upon receipt of an application for approval of a special plan for a building group, properly and completely made out, the office of zoning administration shall examine the application and make such investigation as is necessary. Within thirty (30) days of the receipt of an application the office of zoning administration shall transmit the application, together with its report and recommendation, to the planning commission. The office of zoning administration may also transmit a copy of the application to any department or agency which might be affected by the approval of the application, and such department or agency may transmit its report and recommendation to the planning commission.

3. Review by planning commission.

The planning commission shall review each application and shall approve or disapprove the special plan; approval may establish conditions and limitations, which may include a performance bond. The planning commission shall then return the application, together with its report of approval or disapproval to the office of zoning administration, and the office of zoning administration shall notify the applicant of the approval or disapproval of the special plan by the planning commission.

4. Registration of special plan.

Upon approval of a special plan, a copy of such plan shall be registered among the records of the office of zoning administration and shall thereafter be binding upon the applicants, their heirs, successors, and assigns, shall limit and control the issuance of validity of permits and certificates, and shall restrict and limit the use and operation of all land and structures within the area designated in such special plan to all conditions and limitations specified in such special plan and the approval thereof; provided, however, that the office of zoning administration may, upon a showing of engineering necessity therefor, permit minor changes in the location of structures and site improvements if such minor changes will not change the character of the development, increase the gross floor area, intensity of use, or ground coverage, reduce the total building site area, the space between buildings, or the ratio of off-street parking area and off-street loading area to gross floor area, or otherwise cause the special plan to fail to meet the conditions specified herein.

5. Amendment or withdrawal of special plan.

Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such special plan comply with all the conditions and limitations of the special plan and all land and structures withdrawn from such special plan comply with all regulations established by this ordinance and unrelated to the special plan.