(A) Purpose. The site plan review procedure provides for the administrative review in addition to plan review required by other sections of this code of ordinances of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.
(B) Administration.
(1) The Building Official shall review, evaluate and act on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the Board of Adjustment.
(2) All applications or requests for the approval of plans for alleys, off-street parking, loading, non-residential driveways, non-residential curb cuts, and access to an egress from property, shall be submitted to the Building Official. Upon review, the Building Official shall have the authority to either approve or deny said application or request.
(C) Uses requiring site plan review. All uses shall follow the site plan review procedure prior to the issuance of a building permit.
(D) Application requirements. An application for a site plan review may be filed by the owner(s) of a property or the owners’ authorized agent with the Building Official. The application shall include the following information:
(1) Name, mailing and email address of the applicant;
(2) Owner, address and legal description of the property;
(3) A description of the nature and operating characteristics of the proposed use; and
(4) A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:
(a) The date, scale, north point, title, name of owner and name of person preparing the site plan;
(b) The location and dimensions of boundary lines, easements and required yards and setbacks of existing and proposed buildings and site improvements;
(c) The location, size and use of proposed and existing structures on the site;
(d) The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, required temporary and permanent stormwater treatment facilities, fencing, screening, landscaping and lighting;
(e) A topographic survey of the site and adjacent public rights-of-way;
(f) Identification of all federal, state and local environmental features, including, but not limited to floodplain, floodways, wetlands and other environmental features;
(g) Identification of all adjacent zoning districts and use types; and
(h) Any other information that may be required for review by the Building Official.
(5) The site plan must be stamped by a Nebraska registered professional engineer.
(E) Administrative action and appeal. The Building Official must act upon each complete application within 21 working days of filing. An applicant may appeal a denial to the Board of Adjustment. The Board of Adjustment shall consider the appeal at the first available meeting after the filing of the appeal.
(F) Review and evaluation.
(1) The Building Official or the Board of Adjustment shall review and approve the site plan based on the criteria established in the table in § 151.297(C)(2)(h) and conformance with applicable regulations in this chapter.
(2) The Building Official or the Board of Adjustment shall make the following findings before approval of the site plan:
(a) The proposed development, together with any necessary modifications, is compatible with the criteria established in the table in § 151.297(C)(2)(h);
(b) Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects; and
(c) The site plan conforms to this chapter.
(G) Modification of site plan. The Building Official or Board of Adjustment may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening, installation of erosion control measures, improvement of access or circulation, rearrangement of structures on the site or other modifications deemed necessary to protect the public health, safety or welfare.
(H) Term and modification of approval.
(1) A site plan approval shall become void two years after the date of approval, unless the applicant receives a Building Permit and diligently carries out development prior to the expiration of this period.
(2) The Building Official may approve an application to modify a previously approved site plan if he or she determines that the modification does not affect findings related to the criteria set forth in the table in § 151.297(C)(2)(h).
(3) The Building Official may revoke a site plan approval if he or she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the Board of Adjustment.
(I) Approval to run with land. An approval pursuant to this section shall run with the land until such time as a change in use has the potential to significantly affect the traffic circulation or land uses in adjacent neighborhoods.
(Ord. 23-09, passed 8-21-2023)