§ 152.033 SITE PLAN REVIEW.
   (A)   Purpose. This section establishes Site Plan Review procedures and provides regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter. These procedures are established to promote high quality development to ensure the long term stability of residential neighborhoods and enhance the built and natural environment within the city as new development and redevelopment activities occur. The specific goals of the city are:
      (1)   To ensure the application of quality design principles within new and redevelopment projects.
      (2)   To ensure active participation and review of site plans by the affected public.
      (3)   To mitigate to the extent possible, the impact of one development upon another.
      (4)   To ensure new developments contain elements of internal and external cohesiveness to promote good neighborhood atmosphere.
   (B)   Exemptions to Site Plan Review. The following are exempt from the Site Plan Review process:
      (1)   Agricultural structures in the R-1 Urban Reserve District provided they comply with all sections of the City Code.
      (2)   Accessory structures in residential developments under 120 square feet and 18 feet in height or the height of the principal structure, whichever is less, provided they comply with §§ 152.260 through 152.263.
   (C)   Approval required.
      (1)   Without first obtaining site plan approval it is unlawful to do any of the following:
         (a)   Construct a building.
         (b)   Move a building or structure to any lot within the city.
         (c)   Expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner that results in a different intensity of use, including the requirement for additional parking.
         (d)   Grade or take any action to prepare a site for development, except in conformance with the requirements for a grading permit, an approved neighborhood development plan or an approved Conditional Use Permit.
         (e)   Remove earth, soils, gravel or other natural material from or place the same on a site, except in conformance with the requirements for a building or grading permit or an approved neighborhood development plan or an approved Conditional Use Permit.
      (2)   Procedures. The procedures for application and public hearings for City Council approved Site Plan Review are outlined in § 152.031 of this subchapter.
      (3)   Plan modification. A modification to the plans previously approved through the City Council approved Site Plan Review process, which do not qualify for an administrative Site Plan Review, must follow the City Council approved Site Plan Review procedure.
      (4)   Conditions. The City Council may impose conditions that affect the intent of this chapter to the approval of a Site Plan Review. No building or grading permit can be issued except in compliance with the approved site plan and the conditions of approval.
   (D)   Administrative Site Plan Review.
      (1)   Approval criteria. Site and building plans for projects may be approved by the City Manager in lieu of City Council approval if they meet the following criteria, except as otherwise expressly provided in this chapter:
         (a)   Residential properties with one dwelling unit per parcel, including those residential properties within the Planned Community Development District, the Planned Unit Development District or a Special Zoning Overly that have already been approved through another procedure and are in compliance with the approved plan.
         (b)   Sites, buildings and uses that are permitted in the zoning district and do not require any variances from this chapter or any other city code, with the exception of the following:
            1.   Nonresidential uses in a residential district.
            2.   Uses with drive-through service.
            3.   Nonresidential structures in a nonresidential zoning district that are not adjacent to any property zoned or guided for residential development other than property in the Urban Reserve District (R-1).
            4.   Uses in the Public Institution District (PI).
            5.   Religious institutions, either free-standing or within a multi-tenant building.
            6.   Projects that received a Conditional Use Permit, site plan approval, or are located in a PUD or PCDD district, or a Special Zoning Overlay, and are an expansion of no more than 10% of the floor area of an existing building, and/or affect no more than 10% of the site. They may include, but are not limited to, changing parking and circulation routes, changes in buffering or landscaping against abutting adjacent residential, etc. The site and building plans must also be in compliance with the previously approved permit, its conditions and plan requirements.
            7.   Public and private elementary and secondary schools, including charter schools.
            8.    Detached accessory structures in compliance with § 152.362.
      (2)   Procedure.
         (a)   Administrative Site Plan Review may be combined with the established building permit process when applicable. The City Manager may impose conditions on the approval to implement the intent of this chapter.
         (b)   Administrative approval, including all applicable conditions and requirements may be made either in writing separately or attached to the submitted plans. The applicant must fulfill all applicable conditions of the approval prior to the issuance of any permits.
   (E)   Evaluation criteria. The city must evaluate the effects of the proposed site plans. This review may be based upon, but not be limited to, the following criteria:
      (1)   Consistency with the Comprehensive Plan, the City Code, and this chapter.
      (2)   Enhancement of the site to create a meaningful and harmonious development.
      (3)   Creation of a functional and harmonious design for structures and site features, with special attention to the following principals:
         (a)   A functional relationship of the building(s) on the site to its intended use(s); accessory site improvements, public street and sidewalks, and adjacent uses and structures.
         (b)   The provision of a desirable environment through building and site design for occupants, visitors and the general community.
         (c)   A balance of open space and landscaping with site intensity, building height and parking requirements.
         (d)   The utilization of building materials, textures, colors, and construction details as an expression of design concept and quality.
         (e)   The functional internal design of vehicular and pedestrian circulation, location of access points to public streets, design of parking areas incorporating landscape elements, and separation of pedestrian and vehicular circulation movements.
         (f)   The use of landscape design and materials to augment significant native species existing on the site, create an aesthetically pleasing environment, and a sense of character between site elements.
         (g)   The design of site elements to adequately provide for drainage resulting from development, mitigation of off-site impacts from the development, mitigation of impacts from adjacent property such as noise, poor air quality, and unsightliness.
      (4)   The height, scale and massing of new buildings and structures should complement similar buildings within the same zoning district in which the application is made.
   (F)   Conformance to the Approved Site Plan Review. All developments must remain in continual conformance with the approved Site Plan Review until or unless amended in compliance with this chapter.
(Ord. 2000-936; Am. Ord. 2003-997, passed 5-12-03; Am. Ord. 2003-997, passed 5-12-03; Am. Ord. 2007-1070, passed 3-26-07; Am. Ord. 2023-1291, passed 9-11-23)