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Ankeny Overview
Ankeny, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ANKENY, IOWA
TABLE OF CONTENTS
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 7A PROPERTY TAX EXEMPTION FOR SPECULATIVE SHELL BUILDINGS
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 URBAN REVITALIZATION
CHAPTER 10 HOTEL/MOTEL TAX
CHAPTER 11 SPECIAL EVENTS
CHAPTER 12 THE USE AND TRANSFER OF SPECIAL ASSESSMENT COLLECTIONS
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY MANAGER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLAN AND ZONING COMMISSION
CHAPTER 23 PARK BOARD
CHAPTER 24 CIVIL SERVICE COMMISSION
CHAPTER 25 ANKENY CULTURAL ARTS BOARD
CHAPTER 26 ANKENY SPORTS COMPLEX FOUNDATION, INC.
CHAPTER 27 MAYOR’S YOUTH COUNCIL
CHAPTER 28 BOARD OF EXAMINERS AND APPEALS
CHAPTER 29 AIRPORT ZONING COMMISSION
CHAPTER 30 ECONOMIC DEVELOPMENT COUNCIL
CHAPTER 31 HUMAN RIGHTS COMMISSION
CHAPTER 35 POLICE DEPARTMENT
CHAPTER 36 FIRE DEPARTMENT
CHAPTER 37 HAZARDOUS MATERIALS
CHAPTER 38 FALSE FIRE ALARMS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 DRUG PARAPHERNALIA
CHAPTER 44 NOISE CONTROL
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 48 RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
CHAPTER 49 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DOG AND CAT LICENSES REQUIRED
CHAPTER 57 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 58 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE AND PERSONAL TRANSPORATION DEVICES REGULATIONS
CHAPTER 77 BICYCLE REGISTRATION
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 82 MULTI-USE RECREATIONAL TRAILS
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 BACKFLOW PREVENTION
CHAPTER 94 CONNECTION REQUIREMENTS FOR MAJOR SANITARY SEWER AND WATER MAIN FACILITIES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER USE CHARGE
CHAPTER 99 SEWER CONNECTION DISTRICTS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER
CHAPTER 101 REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS
CHAPTER 102 REGULATION OF HAULED WASTE
CHAPTER 103 FOOTING DRAIN DISCONNECTION PROGRAM
CHAPTER 105 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 106 STORMWATER UTILITY
CHAPTER 107 STORMWATER MANAGEMENT FEES
CHAPTER 110 SOLID WASTE CONTROL
CHAPTER 111 COLLECTION OF SOLID WASTE
CHAPTER 112 MUNICIPAL RECYCLING
CHAPTER 113 SOLID WASTE ENTERPRISE FUND - CURBSIDE RECYCLING AND LEAF, TREE, BRANCH AND MISCELLANEOUS ITEM COLLECTION SYSTEM
CHAPTER 115 NATURAL GAS FRANCHISE - MID-AMERICAN
CHAPTER 116 NATURAL GAS AND ELECTRIC FRANCHISE - CONSUMERS ENERGY
CHAPTER 117 ELECTRIC FRANCHISE
CHAPTER 118 TELEPHONE FRANCHISE
CHAPTER 119 CABLE TELEVISION FRANCHISE
CHAPTER 120 CABLE TELEVISION REGULATIONS
CHAPTER 121 NATURAL GAS FRANCHISE - BLACK HILLS ENERGY
CHAPTER 122 NON-FRANCHISE UTILITY ACCOMMODATION
CHAPTER 130 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 131 CIGARETTE AND TOBACCO PERMITS
CHAPTER 132 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 133 HOUSE MOVERS
CHAPTER 135 ALARM SYSTEMS
CHAPTER 136 LICENSING OF MECHANICAL CONTRACTORS
CHAPTER 137 LICENSING OF PLUMBERS
CHAPTER 138 LICENSING OF ELECTRICIANS
CHAPTER 139 MASSAGE THERAPISTS
CHAPTER 140 SEXUALLY ORIENTED BUSINESSES
CHAPTER 141 PAWNBROKERS
CHAPTER 142 MOBILE FOOD VENDORS
CHAPTER 143 ENTERTAINMENT DISTRICT
CHAPTER 150 STREET USE AND MAINTENANCE
CHAPTER 151 EXCAVATIONS
CHAPTER 152 SIDEWALK REGULATIONS
CHAPTER 153 VACATION AND DISPOSAL OF STREETS
CHAPTER 154 STREET GRADES
CHAPTER 155 NAMING OF STREETS
CHAPTER 156 DRIVEWAYS
CHAPTER 157 MAILBOXES
CHAPTER 158 CONTROLLED ACCESS FACILITIES
CHAPTER 165 BUILDING NUMBERING
CHAPTER 166 TREES
CHAPTER 167 NOXIOUS WEEDS
CHAPTER 168 DRAINAGE CHANNELS
CHAPTER 169 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 175 BUILDING CODE
CHAPTER 176 MECHANICAL CODE
CHAPTER 177 PROPERTY MAINTENANCE AND HOUSING CODE
CHAPTER 178 PLUMBING CODE
CHAPTER 179 ELECTRICAL CODE
CHAPTER 180 FIRE CODE
CHAPTER 181 FUEL GAS CODE
CHAPTER 182 EXISTING BUILDING CODE
CHAPTER 183 SWIMMING POOL AND SPA CODE
CHAPTER 184 RESIDENTIAL CODE
CHAPTER 190 ZONING ORDINANCE DEFINITIONS
CHAPTER 191 ZONING ORDINANCE GENERAL REGULATIONS
CHAPTER 192 ZONING ORDINANCE DISTRICT REGULATIONS
CHAPTER 193 ZONING ORDINANCE FLOOD PLAIN REGULATIONS
CHAPTER 194 ZONING ORDINANCE PARKING, LOADING AND SCREENING
CHAPTER 195 ZONING ORDINANCE SIGNS
CHAPTER 196 ZONING ORDINANCE NONCONFORMING USES, EXCEPTIONS AND AMENDMENTS
CHAPTER 197 ZONING ORDINANCE ADMINISTRATION
CHAPTER 200 SUBDIVISION REGULATIONS
CHAPTER 201 ANKENY REGIONAL AIRPORT ZONING
CHAPTER 192
ZONING ORDINANCE
DISTRICT REGULATIONS
192.01 District Establishment and Zoning Map
192.10 C-2A Central Business Commercial District
192.02 Site Plan Requirements
192.11 C-3 Limited Highway Oriented Commercial District
192.03 R-1 One-Family Residence District
192.12 M-1 Light Industrial District
192.04 R-2 One-Family and Two-Family Residence District
192.13 M-2 Heavy Industrial District
192.05 R-3 Multiple-Family Residence District
192.14 M-3 Limited Industrial District
192.06 R-3A Planned Multiple-Family Residence District
192.15 PUD Planned Unit Development District
192.07 R-5 Mobile Home Residence District
192.16 U-1 Conservation and Public Utility District
192.08 C-1 Neighborhood Retail Commercial District
 
192.09 C-2 General Retail, Highway Oriented and Central Business Commercial District
 
 
192.01 DISTRICT ESTABLISHMENT AND ZONING MAP.
1.   District Establishment. In order to carry out the purpose and intent of this Zoning Ordinance, the area is divided into zoning district classifications as follows:
R-1   One-Family Residence District
R-2   One-Family and Two-Family Residence District
R-3   Multiple-Family Residence District
R-3A   Planned Multiple-Family Residence District
R-5   Mobile Home Park Residence District
C-1   Neighborhood Retail Commercial District
C-2   General Retail, Highway Oriented, and Central Business Commercial District
C-2A   Central Business Commercial District
C-3   Limited Highway Oriented Commercial District
M-1   Light Industrial District
M-2   Heavy Industrial District
M-3   Limited Industrial District
PUD   Planned Unit Development District
U-1   Conservation and Public Utility District
2.   Zoning Map. The boundaries of the districts listed in subsection 1 are indicated upon the official zoning map of the City, which map is made a part of this Zoning Ordinance by reference to it in this section. The official zoning map and all the notations, references and other matters shown thereon shall be as much a part of this Zoning Ordinance as if the notations, references, and other matters set forth by said map were all fully described in this section. The official zoning map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor, attested by the City Clerk, under the certification that this is the official map referred to in the Zoning Ordinance.
3.   Changes; Ordinance Required. Changes in the district boundaries or other matters portrayed in the official zoning map shall be made by ordinance which shall identify the affected property by legal description, the zoning district in which it then lies, and the new district to be established for said property. The Clerk shall attach a certified copy of the amending ordinance to the official zoning map.1  
1 See EDITOR'S NOTE at the end of this chapter for ordinances amending the zoning map.
4.   Adoption of New Zoning Map. The Council may from time to time adopt a new official zoning map, which shall supersede the prior official zoning map, in the event that the official map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.
5.   Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
   A.   Boundaries indicated as approximately following the centerlines of streets, highways, alleys or other public rights-of-way shall be construed to follow such centerlines.
   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
   C.   Boundaries indicated as approximately following City limits shall be construed as following City limits.
   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
   E.   Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as following a platted lot line or for unplatted property as moving with the actual shoreline.
   F.   Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the official zoning maps or, if not dimensioned, shall be determined by the scale shown on the map.
192.02 SITE PLAN REQUIREMENTS.
1.   Purpose and Application. It is the intent and purpose of this section to establish a procedure which will enable the City to review certain proposed improvements to property within specified zoning districts of the City to insure compliance with all applicable zoning, subdivision, and building regulations. Site plans in conformance with this section, with the exception of site plans for one-family and two-family dwellings and their associated accessory buildings (See Section 197.03), shall be required whenever any person proposes to place any building, structure or hard surfacing for which a building permit is required under any other section of this code, on any tract or parcel of land.
2.   Site Plan Approval Prerequisite to Building Permit and Certificate of Occupancy and Use Issuance. No building permit shall be issued for the construction of any structure or hard surfacing that is subject to the provisions of this section and/or Chapter 156 until a site plan has been submitted covering the land upon which such structure or hard surfacing is to be located, and further, approved for such development in accordance with this section and/or Chapter 156. No certificate of occupancy and use shall be issued for such structure or hard surfacing until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.
3.   Design Standards. The standards of design provided in this section are intended to establish criteria for those items that affect the physical aspect of Ankeny’s environment. These criteria are not intended to restrict design; however, they are intended to create a focus on development that maintains a satisfactory function and appearance within the City. It is the intent of these regulations to maintain or enhance neighborhood character, preserve values, and promote the public health, safety, and general welfare.
   A.   Site Development.
      (1)   The orientation, alignment, spacing and placement of a building driveway, parking area and/or service area on the site shall be compatible with and complimentary to buildings and sites in the neighboring area.
      (2)   The site shall be planned to be compatible with the streetscape that is prevalent in the area.
      (3)   The site shall provide for adequate parking and circulation for vehicles, bicycles, and pedestrians. This includes safe bicycle and pedestrian movement from public walks to the building and from parking areas to the building.
      (4)   The site shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not unduly increase congestion or decrease safety on the site or surrounding public streets. Studies of the traffic impact shall be provided if deemed necessary by the Department Director.
      (5)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to reduce their impact on public ways and adjoining properties.
      (6)   Service areas, loading and unloading docks, delivery areas, dumpsters, outside storage areas and large storm water detention basins shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to screen them from view from public ways and adjoining properties.
      (7)   All newly installed utility lines shall be underground and entry fixtures located away from high use areas or screened in an approved manner.
      (8)   Exterior lighting, when used, shall enhance the building design and the adjoining landscape. All lighting should be appropriate to the use of the building and surrounding properties with intensity of illumination limited to its intended use and not as an attraction to the site. Lighting shall be directed to eliminate impacts on adjoining sites.
      (9)   The design shall provide adequate provisions for surface and subsurface drainage. Storm water detention, drainage and storm sewer improvements shall be designed to reduce the danger of erosion, flooding, landslide or other endangerment of surrounding property.
      (10)   Utility connections to water and sanitary sewer lines shall be designed so as to not overload existing public utility lines. Studies of system loading shall be provided if deemed necessary by the Department Director.
      (11)   Site design should provide open space in areas visible to the public. A majority of the required open space should be located in front and side yards.
      (12)   Landscaping shall enhance architectural features and contribute to the beauty and utility of a development. Existing trees should be protected whenever possible to maintain the maturity of the site.
   B.   Building Design.
      (1)   Buildings shall have good scale and maintain or enhance the established scale of buildings and sites of neighboring buildings and sites.
      (2)   Materials selected for buildings shall provide compatible textures and colors with those of neighboring buildings.
      (3)   Materials selected for buildings shall be compatible with the architecture of the building. Materials selected for suitability to the type of buildings and the design in which they are used. Materials should provide for strength and permanence.
      (4)   All mechanical equipment or other utility hardware on roof, ground or buildings, refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from or located as not to be visible from public view, using materials consistent with the building and site.
      (5)   Multiple buildings on the same site shall provide for compatible and complimentary design materials while limiting repetitive, monotonous design.
      (6)   Specific Building Material Standards:
         a.   Base. All buildings will have a base, at least three feet in height, around the entire perimeter of the building that consists of a durable, permanent material, such as:
            i.   Brick, including full-depth and thin brick;
            ii.   Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;
            iii.   Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;
            iv.   Pre-cast concrete; or,
            v.   Other similar durable material as approved by the Plan and Zoning Commission.
         b.   Primary Materials. The primary building materials used for exterior finishes must be of high-quality and durability. These include:
            i.   Brick, including full-depth and thin brick;
            ii.   Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;
            iii.   Glass;
            iv.   Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;
            v.   Pre-cast concrete; or,
            vi.   Other similar high quality materials as approved by the Plan and Zoning Commission.
         c.   Secondary Materials. The secondary building materials used for exterior building walls include:
            i.   Stucco (Portland cement plaster) with three coats of metal lath or wire fabric lath;
            ii.   Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited) and used only above the base of the building;
            iii.   Lap siding (wood, composite, fiber cement, vinyl, steel or aluminum);
            iv.   Pre-finished architectural panel;
            v.   Architectural metal panel (minimum 26 gauge) with concealed fasteners;
            vi.   Metal siding with concealed fasteners; or,
            vii.   Other similar appropriate accent materials as approved by the Plan and Zoning Commission.
         d.   Prohibited Materials. The following exterior walls, siding, and cladding are prohibited:
            i.   Corrugated galvanized metal;
            ii.   Corrugated metal panel;
            iii.   Smooth-face concrete block;
            iv.   Vinyl siding (non-residential development);
            v.   Plastic siding;
            vi.   Plywood or wood fiber; and,
            vii.   Unfired clay, sand, or shale rock.
         e.   Material Requirements. Set out in Table 192.02.01, are the minimum percentage of Primary materials required on the applicable building elevations within each Zoning District or identified, applicable land uses.
Table 192.02.01
Minimum Primary Material Requirements (% of each building wall)
Districts or Uses
1&2 Family3
SFA4
MF5
C-1
C-2/C-2A/C-3
M-1
M-2
Public-Facing1
NA
40
60
60
70
40
30
Other Facades2
NA
10
40
40
50
30
20
Table Notes:
1.   Public Facing refers to building elevation(s) fronting on or most directly facing a public street or a rear/side elevation that abuts a parking lot of a separate use, e.g., shopping center with pad sites.
2.   Other Facades refers to interior side or rear elevations.
3.   1&2 Family = Single Family Detached and Duplex/Bi-Attached/Two-Unit Structures regardless of Zoning District.
4.   SFA = Single Family Attached Structures with three units or more regardless of Zoning District.
5.   MF = Multiple Family Structures regardless of Zoning District.
(Ord. 2041 - Jan. 21 Supp.)
   C.   Signs.Table
      (1)   Every sign shall have good scale and proportion in relationship to its site and function, as well as the signage and use of neighboring properties.
      (2)   Building signs shall be designed as an integral architectural element of the building.
      (3)   Yard signs shall be designed to provide elements compatible with the building design and architectural elements. Where pylon or pole signs are used, pylons or poles shall be concealed using architectural materials compatible with the building.
      (4)   Each sign shall be designed in a manner not to compete for attention with signs on adjoining premises.
   D.   Factors for Evaluation. The following factors and characteristics, which affect the function and appearance of a development, will govern the Plan and Zoning Commission’s evaluation of a site plan submission:
      (1)   Conformance to design standards and other applicable Code requirements;
      (2)   Location of the buildings, and the relationship to the development site and neighboring buildings and sites;
      (3)   Layout and utilization of building, parking, driveways, and open spaces;
      (4)   Architectural character, including scale, style, color, and type of material, of the building and signage as it relates to the neighborhood;
      (5)   Circulation, vehicular and pedestrian;
      (6)   Impact on sanitary sewer, storm sewer, drainage, water, and street systems.
4.   Submittal Requirements. All exhibits must be folded if larger than letter size and submitted at a suitable size and scale to be legible. However, large mounting boards, material samples, or other exhibits not meeting the criteria may be used for Commission presentation. An adequate number of color photographs are required to illustrate the site, including existing features and surrounding buildings. Photos may also be used to illustrate installations on other sites that are similar to the applicant’s proposal. All required plans, unless waived by the Department Director, shall include as a minimum the following items of information:
   A.   Site Plan.
      (1)   Date of preparation, north point, and scale.
      (2)   Legal description and address of the property to be developed.
      (3)   Name, address, and phone number of the record property owner, the applicant and the person or firm preparing the site plan.
      (4)   The existing and proposed zoning of this and adjoining sites.
      (5)   All property and street pavement lines, grades, and site layout dimensions, including street right-of-way widths.
      (6)   The existing and proposed contours, showing areas of grading/earthwork and soil erosion control practices. Contours should be at a minimum of two-foot intervals or as necessary to show drainage. Where existing topography is on a slope of less than two percent, either one-foot contours or spot elevations shall be provided.
      (7)   All existing and proposed utility lines and easements, including sizes, hydrant locations and coverage, in accordance with the City of Ankeny standard specifications and subdivision regulations.
      (8)   If parking is involved, show calculations for determining the required number of off-street parking spaces as required by the City’s zoning ordinance. Give the number of spaces actually proposed and the maximum number of employees, customers, and office vehicles that would be in each building or unit at any one time.
      (9)   Proposed ingress and egress to the site, sidewalks, on-site parking areas, parking stalls including those for persons with disabilities, adjacent streets; delineation of traffic flow with directional arrows and location of directional signs or other motorist’s aids.
      (10)   All sidewalks, bike paths, loading areas, dividers, planters, and other similar permanent improvements.
      (11)   Location and type of buffer screens between the parking area and all adjacent properties and rights-of-way.
      (12)   Delineation of all required yard setbacks.
      (13)   Location, grade and dimensions of all existing and proposed paved surfaces and all abutting streets and street names.
      (14)   Location of existing trees six inches or larger in diameter, landslide areas, springs and streams and other bodies of water, and any area subject to flooding by a one hundred year storm.
      (15)   Location, amount and type of any proposed landscaping, plantings, fences, walls, or other screening as required by the zoning regulations and the design standards.
      (16)   The number and type of all existing and proposed buildings, the units of each, proposed uses for all buildings, and total floor area of each building.
      (17)   Location and type of any existing or proposed lighting on the property which illuminates any part of any required yard.
      (18)   Location and type of any existing or proposed signs.
      (19)   Description of size, material, and colors of any proposed signs and wind stress calculations, if required.
      (20)   A vicinity map at a scale of one inch equals five hundred feet or larger, showing the general location of the property, and the adjoining land uses and zoning.
      (21)   Soil tests and similar information, if deemed necessary by the Department Director, to determine the feasibility of the proposed development in relation to the design standards.
      (22)   Lot survey, where possible ownership or boundary problems exist, as determined by the Department Director.
      (23)   Any other information not herein stated above that is specific to the site plan and deemed necessary by the Department Director.
   B.   Elevation Views.
      (1)   Location, shape and two different exterior elevation views of all proposed buildings, for the purpose of understanding the overall design of the structure, materials proposed to be used, the location of windows, doors, overhangs, projection height, etc., and the grade relationship to floor elevation, and the number of stories of each proposed building and of each building to be retained;
      (2)   All freestanding, ground and building signs.
5.   Pre-Application Conference; Application Requirements.
   A.   Whenever any person proposes to apply for a building permit for other than a one-family or two-family dwelling or related accessory structure, the applicant shall submit to the City a request for a pre-application conference.
   B.   The conference shall include the applicant or representative, the site designer/contractor and the Department Director or designee. The purpose of the conference shall be to acquaint the City staff with the proposed construction and to acquaint the applicant or representative of the applicant with the procedures and with any special problems that might relate to such construction.
   C.   The applicant shall furnish a legal description of the platted real estate certified by a licensed land surveyor at the time of requesting a pre-application conference. The conference shall be held within seven days of such request.
6.   Technical Review Committee Review. The technical review committee is the staff committee charged with review responsibility on submittals. This committee generates comments on regulations affecting the proposed site development. A complete submittal for this meeting would include the following:
   A.   Fifteen sets of all plans containing the required information;
   B.   Two sets of storm water detention calculations;
   C.   Two sets of complete floor plans and building elevations for structures being proposed for immediate construction;
   D.   Two sets of any public improvement plan and profiles for any public improvements being installed with site development;
   E.   One compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan.
   F.   Any other information which might assist the City in making this review;
   G.   Filing fees as set by Council resolution.
7.   Action on Site Plan.
   A.   The technical review committee shall promptly notify the applicant in writing of any revisions or additional information needed to complete the review. If necessary, the applicant shall make revisions and resubmit the revised plan to the City for acceptance. If the site plan complies with requirements set forth in this section, the applicant’s plan shall be submitted to the Plan and Zoning Commission for approval, disapproval or approval subject to conditions.
   B.   Plan and Zoning Commission. This is the final review step for a site plan. A complete submittal would include the following:
      (1)   Fifteen copies of all plans and/or information required and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan;
      (2)   A letter to accompany the presentation that requests project approval and describes the project, timetable for construction, and provides any other information to assist the Commission in making its decision;
      (3)   Performance bonds for any public improvement being proposed with the site plan. See final plat process for more information on the process required for public improvements if needed with the site plans.
   C.   In the case of disapproval or approval subject to conditions, the Plan and Zoning Commission shall indicate the reasons therefor and shall return a copy of the plan to the applicant for revisions in accordance with action taken. The applicant shall then submit the revised plan for review by the Technical Review Committee and if the site plan complies with the requirements of this section, the site plan shall be submitted for certification by the Plan and Zoning Commission.
   D.   The City shall retain the duly certified original in the City’s permanent files.
8.   Appeals.
   A.   The applicant may, upon notice to the City Council, appeal in whole or in part any determination or action of the Plan and Zoning Commission made within the scope of this section. Appeal shall be made without cost by written notification of the appeal received by the Clerk within 90 days after the date of the action from which appeal is sought. The Clerk shall place the matter on the agenda of the next regular meeting of the City Council, provided such appeal is filed at least ten days prior to such meeting.
   B.   The City Council shall decide all appeals within 30 days after written notification of the appeal has been received by the Clerk, provided that the appellant may agree to a longer period not to exceed 60 days after the written notification of the appeal has been received by the Clerk. Failure to decide the appeal within such period shall have the effect of overturning the Plan and Zoning Commission’s disapproval and approving the site plan as appealed.
   C.   At the City Council’s meetings, the appealing party or parties shall be presented a reasonable opportunity to present their views. A four-fifths vote of the Council shall be necessary to overturn or modify the action of the Plan and Zoning Commission.
   D.   A site plan that has been denied by the Plan and Zoning Commission or City Council may be amended and resubmitted by the applicant to the City, pursuant to the terms of this section, upon payment of appropriate fees.
9.   Validity of Approval. A site plan shall become effective upon certification of approval by the Plan and Zoning Commission. In the event that an appeal is filed, a site plan shall not become effective until all appeals have been decided. The approval of any site plan required by this section shall remain valid for two years after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this section, “actual construction” means that a building permit has been issued and the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, letting of contracts, grading of property, or stockpiling of materials on the site shall not constitute actual construction.
10.   Site Plan Enforcement. Failure to comply with and maintain the approved site plan, unless another site plan has been submitted in accordance with this section, shall be considered a violation of the Zoning Ordinance.
11.   Site Plan Amendment. Any approved site plan may be amended in accordance with the standards and procedures established herein, including payment of fees; provided, the Department Director may waive such procedures for those minor changes listed in this section. Such minor changes shall not be made unless the prior written approval for such changes is obtained from the Department Director. No fees shall be required for such minor changes as follows:
   A.   Moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building; relocation of building entrances or exits, shortening of building canopies;
   B.   Changing to a more restrictive commercial or industrial use, provided there is no reduction in the amount of off-street parking as originally approved; this does not apply to residential uses;
   C.   Changing angle of parking or aisle, provided there is no reduction in the amount of off-street parking as originally approved;
   D.   Substituting plant species, provided a nursery or landscape architect certifies the substituted species is similar in nature and screening effect;
   E.   Changing type and design of exterior lighting fixtures, provided a certified engineer or architect certifies there will be no change in the intensity of light at the property boundary;
   F.   Increasing peripheral yards.
12.   Applicability to Existing Development. The requirements of this section do not apply to the placement of any structure for which building permits have been issued as of the date of the adoption of the ordinance codified in this section; provided, if such building permit shall expire, then a new building permit shall not be issued until the requirements of this section have been met; and provided further, if an existing structure is to be reconstructed, enlarged, expanded or otherwise increased in an amount equal to or greater than the expansions listed below, then the provisions of this section still apply:
   A.   In the case of building uses twenty-five percent or greater of its existing ground coverage and/or total floor space;
   B.   In the case of non-building uses or non-building portion of uses, twenty-five percent or greater of the existing non-building area of the site development.
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