A. Site Plan Required: A site plan, consistent with the requirements as outlined in the Clive development standards manual, shall be required for all commercial, manufacturing, and nonsingle and duplex family dwellings in residential zoning districts when new construction, expansion of existing structures, or major modification of existing structures is proposed.
B. Certificate Of Zoning Compliance: A certificate of zoning compliance shall be obtained prior to issuance of any building permit or occupancy of an existing building. In the event a certificate of zoning compliance is denied, a variance may be requested from the board of adjustment. Such variance request shall follow the same procedure as outlined in chapter 3 of this title. A certificate of zoning compliance shall include, but is not limited to:
1. Name and address of proposed business.
2. Name and address of building owner.
3. Zoning classification.
4. Legal description.
5. Use or parking restrictions.
6. Proposed use of business.
7. Number of parking stalls used, and required.
C. Building Permit Issuance: No building permit for any structure or development within any district within which a site plan is required shall be issued until said site plan has been approved by the city council and stamped approved by the city clerk.
D. Expiration Of Approvals: All site plan approvals shall expire and terminate ninety (90) days after the date of such approval unless a building permit has been issued for the construction provided for in the site plan.
E. Extension Of Time: Except as provided below, if the owner or developer of property for which a site plan has been approved, determines that an extension of time is necessary in the development schedule, or that a significant modification of the site plan would provide for a more appropriate or more practical development of the site, the owner or developer may apply for an amendment of the site plan. Any such modifications or development schedule extensions shall be reviewed by the planning and zoning commission and approved by the city council.
F. Minor Modifications: In the case of minor modifications of the site plan or development schedule, the community development director may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in this zoning ordinance. Minor modifications shall include the following:
1. Lighting location and fixture type.
2. Location, height, and style of fences and walls.
3. Location of trash enclosures.
4. Location and size of building and monument signs.
5. Location and construction of on site sidewalks, except on city rights of way.
6. Location, type, and size of plantings, provided the modification would have the same effective cover and screening.
7. Location and construction of accessory buildings of less than four hundred (400) square feet.
8. Location and construction of accessory structures.
9. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme.
10. Minor relocation or addition of driveways or parking spaces.
G. Refer Minor Modifications To Commission: Nothing contained herein shall be construed to allow the community development director to vary the provisions of any statute, ordinance, city policy, or previous directives of the city council. The director shall have the discretion to refer any minor modification requests to the planning and zoning commission for its review.
H. Site Plan Amendment: Any modification that is deemed by the community development director not to be minor modification shall be required to submit a site plan amendment. Site plan amendments shall follow procedures prescribed in this chapter 15.
I. Suspension Of Building Permit; Order Construction Stopped: If the community development director finds that any construction or proposed construction or occupancy of a development on a property for which a site plan has been approved will not substantially comply with the site plan as approved, or that the construction and development of the property is not being carried out in accordance with the development schedule filed with the site plan, the community development director shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or the owner's successors in interest, shall provide satisfactory proof that the site plan and schedule of development will be complied with. In no case will a zoning compliance certificate or certificate of occupancy be issued for any structure within the development while the building permit or the development has been suspended pursuant to this subsection. Any person aggrieved by any decision or action of the community development director under this subsection may appeal such action or decision to the city council.
J. Granting Of Certificates Of Occupancy: A certificate of occupancy will be granted upon completion of new construction or completion of alterations or additions to existing structures. No certificate of occupancy shall be issued until such time as all site improvements and building construction is completed in substantial compliance with all provisions identified on the approved site plan and within all applicable building codes.
K. Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued prior to completion of the project if, in the opinion of the community development director, the remaining items could not be completed due to circumstances beyond the applicant's control and the issuance of a temporary certificate of occupancy will not inhibit the completion of the total project, nor have an adverse effect on persons in the immediate area or nearby properties. The applicant will be required to sign an agreement to complete and post a certified check with the community development department in an amount equal to the estimated cost of the remaining items to be completed. The check will be returned to the applicant with the issuance of the final certificate of occupancy. The agreement to complete will be accepted by the city council. (Ord. 876, 1-17-2008)