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(1) Before a zoning permit is issued for any use identified as such, a site plan shall be submitted to the Planning Commission for review and approval.
(2) Before granting approval, the Planning Commission shall ascertain that all provisions of this chapter are complied with and that the proposed location and arrangement of buildings, accesses, parking areas, walkways, yards, open areas and other improvements are such as to produce no potential health, safety or protection hazards and that the arrangement of buildings and structures will provide convenience for the intended occupants or utilization by the public and will be harmonious with development of adjacent properties.
(1) Except as set forth below, the Zoning Official shall not issue a zoning permit for construction of any buildings, structures or uses until a site plan, submitted in accordance with this chapter, shall have been reviewed and approved and signed by the Planning Commission.
(2) The following buildings, structures or uses shall be exempt from the site plan review and procedure:
(a) Single or two-family homes under separate ownership on an individual and separate lot for each home; and
(b) Uses such as on-premises advertising signs, and essential service structures or buildings.
(C) Optional sketch plan review.
(1) Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to final approval.
(2) The purpose of the procedure is to allow discussion between an owner and the Planning Commission to better inform the owner of the acceptability of his or her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.
(3) The sketch plans shall include the following:
(a) The name and address of the applicant or developer, including the names and addresses of any officers of a corporation or partners of a partnership;
(b) A legal description of the property; and
(c) Sketch drawings showing tentative site and development plans. The Planning Commission shall not be bound by a tentative approval given at this time.
(D) Application procedure. Requests for final site plan review shall be made by filing with the Zoning Official the following:
(1) A review fee as determined by resolution of the City Council based upon the cost of processing the review. The resolution shall be on file with the City Clerk/Treasurer for public information;
(2) Three copies of the completed application form for site plan review which shall contain, as a minimum, the following:
(a) The name and address of the applicant;
(b) The legal description of the subject parcel of land;
(c) The area of the subject parcel of land stated in acres, or if less than one acre, in square feet;
(d) The present zoning classification of the subject parcel; and
(e) A general description of the proposed development.
(3) Three copies of the proposed site plan which shall include, as a minimum, the following:
(a) The plan shall be drawn to a scale of not greater than one inch equals 20 feet for a development of not more than three acres and a scale of not less than one inch equals 100 feet for a development in excess of three acres;
(b) The plan shall show an appropriate descriptive legend, north arrow, scale, date of preparation and the name and address of the individual or firm preparing the same;
(c) The property shall be identified by lot lines and general location together with dimensions, angles and size correlation with the legal description of the property;
(d) The topography of the site with at least two-foot contour intervals and all natural features such as wood lots, streams, rivers, lakes, wetlands, unstable soils or similar features shall be shown;
(e) Existing human-made features upon the site and within 100 feet of the same shall be disclosed;
(f) The location, proposed finished floor and grade line elevations, and size of proposed main and accessory buildings, the relationship of buildings to one another and to any existing structures on the site, the height of all buildings and square footage of floor space therein shall be disclosed. Site plans for multiple-family residential development shall also include a density schedule showing the number of dwelling units per net acres, including a dwelling schedule showing the unit type and number of each such units;
(g) All proposed and existing streets, driveways, sidewalks and other vehicle or pedestrian circulation features upon and adjacent to the site shall be shown, together with the location, size and number of parking spaces in off-street parking areas, service lanes thereto and service parking and delivery or loading areas;
(h) The location, use and size of open spaces, together with landscaping, screening, fences, walls and proposed alterations of topography or other natural features shall be indicated;
(i) The proposed operations on the site shall be described in sufficient detail to indicate the effect, if any, upon adjoining lands and occupants, together with any special features which are proposed to relieve any adverse effects to adjoining land and occupants. Any potential demands for future community services will also be described, together with any special features which will assist in satisfying the demands;
(j) Any earth-change plans required by state law shall also be submitted with the application;
(k) On-site lighting, surface water drainage for the site and proposed sanitary sewage disposal and water supply shall be included in the plans; and
(l) The site plan shall include other information as may be determined to be necessary by the City Planning Commission because of any peculiar features of the proposed development.
(E) Action on application and plans.
(1) The Zoning Official shall record the date of the receipt of the application and plans, and applicant shall provide 15 copies (one for each Planning Commissioner, one for the Zoning Official and two office use or for distribution to an outside reviewer (planning consultant, engineer, lawyer and the like).
(2) A hearing shall be scheduled for a review of the application and plans as well as reviewing the recommendations of the Zoning Official. Members of the Planning Commission shall be delivered copies of the application prior to the hearing for their preliminary information and study. Plans should be available at the city office for seven calendar days prior to the meeting. The hearing shall be scheduled within not more than 30 days following the date of the receipt of the plans and application by the Zoning Official.
(3) The applicant shall be notified of the date, time and place of the hearing on his or her application not less than three days prior to that date.
(4) Following the hearing, the Planning Commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this chapter and the criteria contained herein.
(a) Any required modification or alteration shall be stated in writing, together with the reasons for the modification, and delivered to the applicant. The Planning Commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the same have been included in the proposed plans for the applicant.
(b) The decision of the Planning Commission shall be made by the Board within 30 days of receipt of the application by the Zoning Official.
(5) One copy of the approved final site plan, including any required modifications or alterations, shall be maintained as part of the city records for future review and enforcement.
(a) One copy shall be returned to the applicant. Each copy shall be signed by the Chairperson of the Planning Commission for identification of the finally approved plans.
(b) If any variances from the zoning ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the city records as a part of the site plan and delivered to the applicant for his or her information and direction.
(c) The site plan shall be come part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and the Planning Commission.
(F) Criteria for review. In reviewing the application and site plan and approving, disapproving or modifying the same, the Planning Commission shall be governed by the following standards:
(1) That there is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to insure the safety and convenience of pedestrian and vehicular traffic;
(2) That the buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties;
(3) That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood;
(4) That any adverse effects of the proposed development and activities emanating therefrom which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback and location of buildings, structures and entryways;
(5) That the layout of buildings and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood;
(6) That all provisions of the zoning ordinance are complied with. This would not preclude the applicant from applying for an appropriate variance with the Zoning Board of Appeals. The Planning Commission may conditionally approve a site plan subject to the granting of any appropriate variance; and
(7) Plans and design of facilities to properly contain, or dispose of, storm water shall be approved by the Planning Commission based on review and recommendation by a licensed engineer, the cost of which will be paid by the applicant.
(G) Conformity to approved site plan.
(1) Revocation of site plan approval.
(a) Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the Planning Commission. If construction and development does not conform with the approved plan, the approval of the site plan shall be revoked by the Zoning Official by written notice of the revocation posted upon the premises involved and mailed to the owner at his or her last known address.
(b) Upon revocation of the approval all construction activities shall cease upon the site until such time as the violation has been corrected or the Planning Commission has, upon proper application of the owner and after hearing, approved a modification in the site plan to coincide with the owner’s construction or altered plans for construction as being in compliance with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of this chapter.
(2) Criteria for commencing construction.
(a) Approval of the site plan shall be valid for a period of one year.
(b) If a building permit has not been obtained and on-site development actually commenced within one year, the site plan approval shall become void and a new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.
(c) The one-year period may be extended for extenuating circumstances.
(d) The circumstances must be made known to the Planning Commission and the extension approved by same.
(H) Amendment to site plan. A proposed amendment, modification or alteration to a previously approved site plan may be submitted to the Planning Commission for review in the same manner as the original application was submitted and reviewed.
(I) Performance bond.
(1) The Planning Commission shall have the right and authority to require the developer to file with the city Zoning Official at the time of application for a zoning permit, a performance agreement in a form approved by the Zoning Official to ensure the development of the site in accordance with the approved site plan, conditioned upon the proper construction and development.
(2) The agreement shall continue for the duration of the construction and development of the site.
(Ord. 161, passed 12-10-2001)