(A) Statement of purpose. It is the purpose of this section to regulate the safe, orderly and attractive development of single- and two-family homes, townhouses, rowhouses and condominiums, multi-family, commercial and industrial land uses within the city, to conserve and enhance property values, to preserve adequate space for vehicular and transportation facilities usually associated with such uses and to provide for effective traffic movement without congestion and hazards and to provide for effective storm water management and control. It is the purpose of this section to assure that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards. It is the further purpose of the section to recognize, in the planning for and of specific land uses, the densities and uses of adjacent land and the health, safety, morals, appearance and general welfare of the community. In order to achieve the aforementioned objectives, and to encourage imaginative use of land areas, certain modifications of the strict adherence of these requirements are provided for where deemed by the City Council, after seeking the recommendation of the city's Plan Commission and Zoning Board of Appeals, to be in the public interest.
(B) Any person, corporation, firm or other organization or association filing a zoning petition seeking any authorization under this chapter, or any person, corporation, firm or other organization or association making application for a building permit, shall submit to the Director of Economic Development and Planning and the City Engineer for review and approval a site plan prepared by a registered architect, registered professional engineer or a licensed land surveyor licensed in the state to practice as such. The Director of Economic Development and Planning and the City Engineer may accept a preliminary plat as a substitute for the site plan required hereunder. The Planning Commission shall review and make recommendations to the City Council plans where one or more buildings are to be erected on a single lot except as follows:
(1) Single-family detached or two-family residential dwellings, including associated garages.
(2) Non-residential accesory buildings.
(3) Additions to existing non-residential buildings where the addition is less than 10% of the existing building's gross floor area, the addition does not exceed 5,000 square feet, no new curb cuts are required and where new construction does not reduce existing parking.
(4) Improvements which require changes to site topography which do not constitute a substantive change as determined by the Director.
(5) Except as exempted above, the Planning Commission shall review the site plan and recommend it be considered by City Council.
(C) Site plan specifications. The following required information shall be placed on the site plan or on a separate sheet accompanying the plan:
(1) Site plan application;
(2) Present record owner of the tract;
(3) Location map showing the location of the property reference to government survey section lines and major streets, north arrow and engineer's scale;
(4) Location of all existing and proposed buildings, structures, utilities, drives, approaches, parking and other prominent physical features on the site;
(5) Boundary of the entire tract by courses and distances and adjacent streets, alleys, drainage facilities and public utilities;
(6) Area of tract;
(7) Zoning of the tract, subdivision name, lot number, and zoning of adjacent parcels where different than site;
(8) All zoning setback requirements and sight lines;
(9) Name, address, telephone number of person or firm submitting the plan;
(10) Seal of architect, engineer or land surveyor preparing the site plan;
(11) Proposed use of the building and its construction type and distance from adjacent property lines;
(12) Size in square feet, and use for each building, including the height(s) of each building;
(13) Off-street parking calculation table including number, those designated for the handicapped;
(14) Width and layout, including elevations, of all streets, alleys and public rights-of-way adjoining the tract;
(15) Existing and proposed storm water runoff patterns and flows including calculations of flow and adequacy of receiving storm water gathering facilities to accommodate calculated increase of rate of runoff without adverse effect;
(16) Location of existing public utility easements and facilities, proposed public utility easements and facilities and their dimensions as may be required;
(17) Layout, arrangement and specifications for paving and base, off-street parking spaces, aisles and drives, pedestrian walks and walkways, drainage, lighting, signs and traffic control, safety islands, parking bumpers, curbs and gutters, fencing and screening and landscaping. Dimensional requirements for stall widths and depths, aisle widths, drive widths, radii, sidewalks and walkways, sight lines, setback and the like shall conform with regulations of the chapter;
(18) Layout, location and dimensional arrangement of poles, fire hydrants, Siamese connections, water valves, catch basins, underground piping and conduits, lighting fixture standards, retaining walls, pump islands, signs, doorways, window wells, waste receptacles or areas, guy wires, storage sheds or areas, fencing and any other structure, facility or feature that might interfere with the safe and orderly movement of motor vehicles and/or pedestrians;
(19) The locations, size, layout and type of entrances and driveways;
(20) Location and width of all sidewalks, crosswalks and safety islands and conformance with the ANSI Standard A 117.1 for making facilities accessible to, and usable by the physically handicapped (AAA minimum standards);
(21) Fencing, screening, and/or walls to be erected; specifications, locations, dimensions, height;
(22) Topography, existing and proposed, indicating area of excavation, backfill and grading, slopes to be maintained and earth work specifications;
(23) Disposition of storm water runoff from buildings, paved areas, and ground surfaces and indicating surface grades and elevations, catch basins, underground storm drains and their grades and elevations outfalls, headwalls, and specifications and drainage calculations;
(24) All public utilities and their easements indicating sizes, lines, grades and types/ specifications all conforming to the appropriate city codes;
(25) Existing and proposed landscape planting, clearly identified, showing locations, type and size;
(26) All site plans for staff review shall be drawn to an appropriate scale on a sheet or sheets whose dimensions do not exceed 24 inches by 32 inches; a sufficient number 11x17 and electronic copies for Planning Commission and City Council shall also be provided;
(27) Architectural elevations to appropriate scale;
(28) Site plans for residential lots in zoning classifications can be exempted from the requirement for preparation under a professional seal, but they shall be suitable for the purpose intended and as determined by the Director of Economic Development ancl Planning; and
(29) Approval of City Council-approved site plans shall be null and void unless recorded within 30 days of approval, unless a written request for extension of time is submitted and approved.
(D) Site plan to conform with city codes. All features and elements of the site plan required by this section shall in all respects conform to all applicable provisions of the codes and ordinances of the city.
(E) Refuse disposal enclosures. All refuse, grease containers and compacting equipment shall be stored within a designated refuse enclosure. The container lids shall be kept closed at all times. The enclosure shall be used strictly for the confinement of refuse, grease containers and compacting equipment and shall not be used for the outside storage of any other materials or equipment. The gate shall be maintained in the closed position, except when the enclosure contents are removed and replaced. Maintenance of the enclosure shall be the responsibility of the owner of the property. All new disposal enclosures shall require a permit. Disposal enclosures shall be required for all multi-family residential buildings containing four or more dwelling units, all buildings in the commercial districts and all buildings in the industrial districts. Said enclosures shall be required for only new construction and for properties on which the building size has been increased by 50%. In the event that three citations are issued for a nuisance for any dumpster, within any one-year period, the owner of the property on which the dumpster is located shall comply with the requirement set forth in this division (E) within one year of the date of the citation was issued.
(1) Enclosure specifications.
(a) A site plan prepared in accordance with the provisions outlined herein, as well as enclosure plans and specifications and a building permit application shall be required to be approved before the construction of a new disposal enclosure.
(b) All enclosures shall screen from view on three sides all refuse disposal areas. Construction of the enclosure shall be of low-maintenance sight-proof materials such as a solid commercial grade wood, composite wood, stone, brick, vinyl or other approved material as determined by the Building Commissioner or his or her designee. The materials of which the enclosure is constructed shall conform to the primary building materials of the principal building on the lot. The materials of which the enclosure is constructed shall conform to the primary building materials of the principal building on the lot.
(c) On the fourth side a gate shall be constructed so that all containers may easily be removed and replaced when emptied. The gate shall be secured with a post that inserts into a pipe embedded into the pavement to ensure the gate's stability and proper placement when closing. The gate shall be constructed of low maintenance sight proof materials such as vinyl, composite wood, chain link vinyl/composite wood slats added to effectively screen the dumpster.
(d) The enclosure walls shall not exceed seven feet, nor be less than six feet in height. The minimum size and/or minimum number of refuse enclosures shall be sufficient to hold all refuse and recycling containers of two cubic yards in volume or more, and grease containers of any size.
(e) There shall be three four-inch concrete bollards, minimum 36 inches in height placed inside the back wall of the enclosure to ensure that the enclosure is not damaged by the placement of the dumpster too near the wall.
(f) There shall be four latch-pin receivers located so that the gate is able to be held in the open and closed position.
(g) The enclosure shall be constructed on a concrete pad four inches thick and large enough to extend six feet beyond the enclosure to allow the wheels of the collection vehicle to rest upon a stable surface for service which shall be a minimum of six inches thick concrete and to prevent damage to the lot.
(h) The minimum access required shall be the amount of road area needed for a standard size disposal truck to gain access to and from the disposal area.
(i) Any existing enclosure that becomes damaged to an extent determined by the Building Commissioner or his or her designee must be replaced in conformance with the provisions of this section.
(2) Food waste. Dumpsters, trash receptacles and other containers utilized for food waste shall be emptied twice weekly cleaned (sanitized and deodorized) regularly. Odor complaints shall be handled as a nuisance under § 93.002 of this Code.
(3) Commercial establishments. Roll-off trash or compactor type trash receptacles may be utilized for commercial establishments within strip or shopping center developments and shall be placed within service areas of the property that are restricted to delivery and service vehicle traffic. Such containers shall not be required to be enclosed. However, they shall be visually screened at grade from adjoining properties utilizing materials, such as a densely planted hedge, berm complete with landscape plantings or screening wall.
(4) Construction. Roll-off trash receptacles or dumpsters utilized during active construction or demolition of structures and which are limited to the duration of the project shall be exempt from enclosure/screening requirements.
(5) Size. Enclosures shall be of adequate size to allow for removal and replacement of refuse containers by a trash hauler.
(6) Location. The enclosures shall not be located in any front yard or public right-of-way or obscure visibility of vehicles entering or exiting the subject property or immediately adjacent property. Dumpsters located on a corner lot shall be placed behind the building line of subject property and the immediate adjacent property.
(7) Maintenance. Enclosures shall be maintained and structurally sound, free of deterioration and shall be kept in a sanitary condition so as not to pose a threat to the health and safety of the public. Any enclosure surface or screening component that is damaged, deteriorated, decaying, disintegrating or which has otherwise lost its capability to effectively enclose/screen shall be replaced or repaired.
(1960 Code, § 60-10-16) (Ord. 6138, passed 5-1-2000; Ord. 7174, passed 8-18-2008; Ord. 7200, passed 11-3-2008; Ord. 7527, passed 10-3-2011; Ord. 8039-2017, passed 4-3-2017; Ord. 9124-223, passed 2-6-2023) Penalty, see § 162.999