(a) Site Plan Review Required. Except otherwise noted in this Ordinance, the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of this Ordinance, and all other building or development activities shall require site plan approval prior to construction and/or occupancy pursuant to this Article. For example, site plan review is required for any of the following activities:
(i) Erection, moving, relocation, or conversion of a building or structure to create additional floor space, other than a single family dwelling.
(ii) Any development that would, if approved, provide for the establishment of more than one principal use on a parcel, such as a single family site condominium or similar project where a single parcel is developed to include two or more sites for detached single family dwellings.
(iii) Development of non-single family residential uses in single family districts.
(iv) Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within this Ordinance.
(v) The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single family dwelling.
(vi) Any use or construction for which submission of a site plan is required by any provision of these regulations.
(vii) Establishment of any regulated use.
(viii) A building that has been vacant for longer than 12 months.
(ix) Changes to parking facilities including the addition or subtraction of parking spaces, and/or adding, removing or relocating curb cuts.
(x) Changes to storm, sanitary or water utilities on site.
(xi) Changes to the site that may increase storm water runoff or otherwise change runoff conditions.
(b) Site Plan Not Required. Notwithstanding the preceding Section, site plan approval is not required for the following activities.
(i) Construction, moving, relocating or structurally altering a single or two- family home, including any customarily incidental accessory structures.
(ii) Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single family uses described in this subsection for which site plan approval is not required.
(iii) A change in the ownership of land or a structure.
(iv) A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with this Ordinance.
(c) Submission of Site Plan for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copies of an application for Commission Review;
(ii) 20 individually folded copies of the site plan;
(iii) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the site plan;
(iv) Two sets of supporting documentation;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The site plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(d) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the adopted site plan review manual, the proposed site plan shall be placed on the next open Commission agenda. The site plan and application shall be distributed by the Administrative Official to appropriate City officials and the City Planner for review. If deemed necessary by the Administrative Official, the plans may also be submitted to the City Engineer for review.
(e) Review and Action.
(i) Informal Review of Conceptual Plans by City Staff. Applicants are encouraged to meet with the City Staff, including but not limited to the City Engineer, City Planner, and such other persons as determined by the Administrative Official, for informal review of conceptual site plans. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or City Planner may also request input from other City staff or consultants. Conceptual plans should, at minimum, include the proposed use, building footprint, existing conditions, general site layout and conceptual grading. Conceptual plan review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual plan review, as determined by City.
(ii) Informal Review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a site plan proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate City staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a site plan will occur at the workshop meeting.
(iii) Request for Revisions. Upon review of the site plan proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the site plan shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(iv) Public Hearing. A site plan involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Administrative Official may set the date of the public hearing for a regular or special meeting of the Commission. No hearing may held before the Commission has had an opportunity to review the plan at a workshop session.
(v) Final Action. The Commission shall review the site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the site plan as follows:
(1) Table. Upon determination by the Commission that a site plan is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the site plan.
(3) Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved.
(4) Approval subject to conditions. The Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the site plan for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised site plan on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(f) Recording of Site Plan Action. Commission action on the site plan shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(g) Procedure after Site Plan Approval.
(i) Approval Expiration. Site plan approval becomes null and void if substantial construction has not commenced within 365 days following the final approval of the site plan by the Commission, or if construction has not been completed within 12 months after it commenced following the issuance of a building permit. In such a case, the applicant shall file a new application. Review by the Commission of the new application and site plan shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved site plan continues to adequately represent current conditions on and surrounding the site and that the site plan conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Site Maintenance after Approval. It shall be the responsibility of the owner of a property for which site plan approval. Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the Commission according to the provisions of this Ordinance, shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the penalties stated herein.
(iv) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(v) Revocation. An approved site plan may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of the use provisions of this Ordinance and shall be subject to the penalties stated herein.