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The RSIO District will not apply to those properties that have preliminary site plan approval or a building permit prior to the effective date of this ordinance . Final site plan approval was given when building permits were issued , so we can still grant preliminary approval to the plans , showing both entrances on there . Not knowing your procedures or state enabling act ; I would say that the variances should always be approved prior to site plan approval or concurrent with such approval . Unlike interstate natural gas facilities ( that are subject to siting certificate approval from a single entity , FERC ) , construction of an electric transmission facility can require the approval of multiple siting authorities . The city engineer rejected the application after the city law director advised him that the permits could not be issued because the site plan approval does not take effect while the referendum petition is pending ( based on a city charter provision stating that an ordinance challenged by petition shall not go into effect until approved by a majority of voters ) . In Ohio , a city has the discretion to reject a petition if the subject of the petition is inappropriate for a referendum.16 Certainly , the law director could have reviewed the case law — it is not that complex — and determined that the site plan approval was an administrative act , not a legislative act , and thus was not a proper subject for referendum ( which is what the Ohio Supreme Court ultimately concluded two years later ) . The requirements of the DVAO District do not apply to those land uses or developments that have received preliminary site plan approval or a building permit prior to the effective date of this ordinance . Approval of site duplication is a very rare occurrence and you should not assume that site duplication approval will be given .