165.52  SITE PLAN REVIEW.
The Site Plan Review Procedure provides for special review in addition to plan review required by other sections of this chapter 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.
1.   Administration.  The Zoning Administrator or designee 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 Planning and Zoning Commission.
2.   Uses Requiring Site Plan Review.  The following selected uses shall follow the Site Plan review procedure prior to the issuance of a building permit, unless they are otherwise subject to a Provisional Use Permit (Section 165.49), Conditional Use Permit (Section 165.50) or a Special Exception Use Permit (Section 165.51),  procedure for specific zoning districts.
   A.   Multiple family developments with 12 or more dwelling units on a single lot; or a development including more than one residential building.
   B.   Education facilities.
   C.   Health care facilities.
   D.   Any use containing a public assembly space.
   E.   Any commercial, industrial, or office building.
3.   Pre-application Conference.  For any use requiring site plan review, the applicant or his/her authorized agent may request a pre-application conference, which shall include the applicant or the applicant’s representative and City staff.
   A.   The purpose of the conference shall be to acquaint the City with the proposed development and to acquaint the applicant with the procedures and any special problems that might relate to the proposed development.
   B.   The applicant shall furnish a legal description of the property to be developed at the time of requesting a pre-application conference and the conference shall be held within 15 days of such request.
   C.   For the purposes of this section, “development” is defined to be the placement of buildings and other structures, paved areas, drainage and utility improvements, lighting and other appurtenances related to any uses requiring Site Plan Review.
4.   Application Requirements.  An application for a Site Plan review may be filed by the owners of a property or the owners’ authorized agent with the Zoning Administrator.  The application shall include the following:
   A.   Name and address of applicant.
   B.   Owner, address and legal description of the property.
   C.   A description of the nature and operating characteristics of the proposed use.
   D.   A site plan, drawn to a scale sufficient to permit adequate review (1" = 50' maximum) and dimensioned, showing the following information:
      (1)   Property boundaries lines, including all dimensions and bearings, drawn to a scale not to exceed 50 feet per inch on the drawing (1" = 50').  All adjoining street, alley, railroad, highway, or any other rights-of-way shall be shown and dimensioned.
      (2)   Locations and dimensions of all existing and proposed easements including purpose and limitations, if any.
      (3)   Locations, sizes, and types of materials of all public improvements and utilities located on the site and within a minimum of 100 feet of the site boundaries; including, but not limited to, water mains, fire hydrants, storm sewers, culverts, drainageways, sanitary sewer mains, sanitary sewer lift stations, streets, alleys, gas mains, electric lines, cable television lines, telephone lines, private utility service lines and any other utility information required by the Zoning Administrator.
      (4)   The location and dimensions of easements and required yards and setbacks of existing and proposed buildings and site improvements.
      (5)   Existing site topography:  a minimum of 2-foot contour intervals with supporting spot elevation information for site areas with less than 2 feet of elevation change.
      (6)   Locations, sizes, and dimensions of existing buildings, structures, fences, improvements or any other appurtenance on the property.  Structures or improvements to be demolished, removed, or relocated shall be so noted on the site plan.
      (7)   Locations, sizes, and descriptions of any other existing site features that impact the site design as required by the Zoning Administrator.
      (8)   Locations, dimensions and sizes of all proposed site improvements including buildings, outbuildings, fences, walls, signs, lighting, parking areas, drives, trash containers, fuel tanks, mail boxes, sidewalks, pathways, decks, patios, screens, awnings, and any other improvements or changes proposed to the property.
      (9)   Locations and sizes of all proposed utility improvements including sanitary sewer mains and services, water mains and services, fire hydrants, storm sewer, culverts, gas mains and services, electric lines, telephone lines, cable television lines and any other proposed utility improvements.
      (10)   Grading and drainage plans, including provisions for storm water management and erosion control, proposed contour lines, locations and sizes of proposed intakes, storm sewers, culverts and drainageways and any other information as required by the Zoning Administrator to adequately determine surface water management on the site.
      (11)   Landscape Plan in accordance with Section 165.37 of this chapter.
   E.   Form of Site Plan.  All site plans shall be submitted in the following form:
      (1)   Site plans shall be drawn on sheets no larger than 24 inches by 36 inches.  Where the size of the site precludes all required information from being shown on a sheet, the Zoning Administrator may permit a larger sheet size or an increase in scale.
      (2)   Site plans shall be drawn with north directed to the top of the page and the page may be oriented with either its short side or long side as the top of the page.
      (3)   All site plans shall include a north arrow, graphic scale, and appropriate key.
      (4)   All site plans shall include the name, address, and phone number of the company or persons responsible for preparing the site plan.
      (5)   Six (6) copies of the site plan and all required information shall be submitted. A reduced copy of the site plan on a sheet 8.5 inches by 11 inches shall also be submitted.
   F.   Supplemental Information.  In addition to the above information required to be shown on the site plan, the following information shall be submitted with the site plan:
      (1)   Site Plan Checklist as furnished by the City.
      (2)   Copies of any existing and proposed easement agreements.
      (3)   List of all persons, corporations, partners, or other entities having a title interest in the property and a description of their interest.
5.   Design Standards.  The following design standards shall be applicable to any use required to submit a Site Plan:
   A.   A minimum of 100% of a building wall that fronts a public street, duly approved private street or Interstate 80 right-of-way shall be constructed of full natural brick, exterior finish insulation system (E.F.I.S.), wood siding, stucco or open face block.
   B.   Buildings located on property with double frontages or located on a corner lot should have a similar wall design facing both streets.
   C.   A minimum of 30% of side or rear walls shall be constructed of similar material as the wall that fronts a public street.
   D.   The color schemes of the building shall be constructed out of earth tones or other compatible colors.
   E.   Pitched roofs with a minimum 5/12 slope are preferred.  The color of the roof shall be earth-toned.
For purposes of paragraphs A and B above, where private utility and/or railroad easements/right-of-ways buffer an otherwise affected building from a public or duly approved private street right-of-way, said building shall be construed as fronting the street.
6.   Administrative Action.  The Zoning Administrator must act upon each complete application within 30 calendar days.  An applicant may appeal a denial to the Council within 10 calendar days of the action of the Zoning Administrator.  The Council shall consider the appeal at the first available meeting following the filing of such appeal.
7.   Review and Evaluation.
   A.   The Zoning Administrator or his/her designee (or the Planning and Zoning Commission in cases of appeal) shall review and act upon the site plan based on the criteria set forth in Table 3 and with other applicable regulations in this chapter. 26
   B.   The Zoning Administrator or his/her designee (or the Planning and Zoning Commission in cases of appeal) shall make the following findings before approval of the site plan:
      (1)   The proposed development, together with any necessary modifications, is compatible with the criteria set forth in Table 3.
      (2)   Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.
      (3)   The site plan conforms to the Zoning Regulations contained in this chapter.
      (4)   The site plan documents include the information requested in the Site Plan Checklist.
8.   Modification of the Site Plan.  The Zoning Administrator or designee (or the Planning and Zoning Commission in cases of appeal) may require modification of a site plan as a prerequisite for approval.  Required modifications may be more restrictive than zoning 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, welfare, or character of the community.
9.   Term and Modification of Approval.
   A.   A Site Plan Approval shall become void one year after the date of approval, unless the applicant receives a Building Permit and diligently carries out development prior to the expiration of this period.
   B.   The Zoning Administrator, or his/her designee may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the criteria set forth in Table 3.
   C.   The Zoning Administrator or his/her designee may revoke a Site Plan Approval if he/she determines that the development is not complying with the terms and conditions of the approval.  Such revocation may be appealed to the Council.
10.   Approval to Run with Land.  An approval pursuant to this section shall run with the land until the expiration date of such approval.

 

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EDITOR’S NOTE:  Table 3 is found in the Appendix to this Code of Ordinances.