A. Purpose: This section establishes a procedure to ensure that timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this zoning ordinance and to enable the city to plan for and review certain proposed improvements of property in order to:
1. Implement community policies on physical development;
2. Provide for efficient, rational allocation of scarce facilities and resources;
3. Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development; and
4. Ensure the orderliness, quality, and character of the development of property in the city, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources.
B. Applicability: Site Plan review is required for all multi-family, mixed-use, and nonresidential development. Site Plan review could be required for land use and conditional use permits. Site Plan review requirements shall be confirmed during the pre-application meeting with planning staff.
C. Application:
1. Applications must be submitted to the planning staff. All applications must include plans and other information necessary to allow for a thorough review of the proposed plans, as indicated by requirements on the site plan review submittal checklist developed by the planning staff.
a. Shall be filed with the City on forms provided by the Community Development Department;
b. Shall include all required supplemental information as indicated in this subsection and the checklist provided by the community development department; including a landscaping plan as specified in 10-4-3.
c. Shall be submitted by the application deadline as established by the City;
d. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
e. Public notice requirements must be met by applicant.
2. The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.
D. Preapplication Meeting: Before filing a site plan application, the applicant or authorized agent must meet with the planning staff to discuss the proposed site plan and the applicable procedures.
E. Department And Agency Comments: Following receipt of a complete site plan application, the zoning administrator is authorized to request comments from any city departments and external agencies with regulatory responsibility or related interests in the review of the proposed site plan.
F. Review And Decision-Making Process:
1. Upon receipt of a complete application for approval of a site plan, the community development director must review the proposed site plan, obtain any department or agency comments and share all administrative review comments with the applicant.
2. To be considered for further review, the applicant must resubmit any revised site plan and explain how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the planning staff must provide any written administrative comments that require further revision.
3. The community development director must take action to approve the proposed site plan, approve the proposed site plan subject to conditions or deny approval of the proposed site plan within sixty (60) days of the date of the latest site plan submittal unless the applicant waives the required timeframe for action.
4. If an application for site plan approval is denied, the reasons for denial must be stated in writing, specifying the aspects of the plan that are not in compliance with applicable regulations. If a site plan application is denied, a new application may be submitted for further consideration.
5. If a site plan is approved subject to specific conditions and all administrative review comments, the applicant must revise the site plan in accordance with those conditions and comments and resubmit the plan for review. The community development director must act on all resubmitted site plans within twenty (20) business days of their receipt.
6. If a site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the planning staff, and the community development director will issue an approval memo.
7. The planning staff will retain a copy of the approved site plan in the department’s permanent files.
G. Effective Date Of Site Plan Approval: An approved site plan becomes effective upon certification by the community development director. If an appeal is filed, a site plan does not become effective until all appeals have been decided.
H. Lapse Of Site Plan Approval: An approved site plan will lapse and have no further effect one year after it is approved unless:
1. A building permit has been issued (if required);
2. The use or structure has been lawfully established; or
3. A different lapse of approval period or point of expiration has been expressly established by the decision-making body.
I. Permits And Continuing Compliance:
1. No permit may be issued for any development requiring site plan approval until a site plan has been submitted and certified approved for such development in accordance with this section unless the community development director determines that the site plan is in substantial conformance and phased permits can be issued.
2. A permanent certificate of occupancy may be issued for such development once all terms and conditions of the approved site plan have been satisfactorily completed or provided for.
3. Construction, grading, or other development activities may be carried out only in compliance with the certified site plan.
4. When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.
J. Resubmission And Amendments:
1. Resubmission of any site plan due to changes required or made to the site plan as previously submitted may be made in accordance with schedule of fees adopted by the city council.
2. An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the community development director is authorized to waive applicable review and approval procedures and fees if the community development director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the community development director must be in writing.
3. If a site plan is resubmitted for final approval and the planning staff determines that the site plan does not comply with conditions imposed by the decision-making body, the applicant may elect to either:
a. Revise the site plan to comply with required conditions in accordance with the interpretation of the conditions by the planning staff; or
b. Submit a written request by letter or email communication that the resubmission will be processed as an amendment to the site plan.
K. Appeals:
1. The applicant may appeal the community development director’s final site plan decision by filing a written notice of and reasons for the appeal with the planning staff by three (3) days after the action date from which the appeal is sought.
2. All appeals of interpretations or final decisions of the zoning administrator must be placed on the agenda of the planning board within 30 days of the date that written notice of the appeal was filed with the planning staff unless the applicant agrees to an extension of time for planning board action. (Ord. 2023-7, 7-17-2023)