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(a) Compliance regulations for nonconforming uses. It is the declared purpose of this subsection that nonconforming uses be eliminated and be required to comply with the regulations of the Dallas Development Code, having due regard for the property rights of the persons affected, the public welfare, and the character of the surrounding area.
(1) Amortization of nonconforming uses.
(A) Request to establish compliance date. The city council may request that the board of adjustment consider establishing a compliance date for a nonconforming use. In addition, any person who resides or owns real property in the city may request that the board consider establishing a compliance date for a nonconforming use. Upon receiving such a request, the board shall hold a public hearing to determine whether continued operation of the nonconforming use will have an adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the board determines that continued operation of the use will have an adverse effect on nearby properties, it shall proceed to establish a compliance date for the nonconforming use; otherwise, it shall not.
(B) Factors to be considered. The board shall consider the following factors when determining whether continued operation of the nonconforming use will have an adverse effect on nearby properties:
(i) The character of the surrounding neighborhood.
(ii) The degree of incompatibility of the use with the zoning district in which it is located.
(iii) The manner in which the use is being conducted.
(iv) The hours of operation of the use.
(v) The extent to which continued operation of the use may threaten public health or safety.
(vi) The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor.
(vii) The extent to which public disturbances may be created or perpetuated by continued operation of the use.
(viii) The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.
(ix) Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.
(C) Finality of decision. A decision by the board to grant a request to establish a compliance date is not a final decision and cannot be immediately appealed. A decision by the board to deny a request to establish a compliance date is final unless appealed to state court within 10 days in accordance with Chapter 211 of the Local Government Code.
(D) Determination of amortization period.
(i) If the board determines that continued operation of the nonconforming use will have an adverse effect on nearby properties, it shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner’s actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period.
(ii) The following factors must be considered by the board in determining a reasonable amortization period:
(aa) The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.
(bb) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.
(cc) Any return on investment since inception of the use, including net income and depreciation.
(dd) The anticipated annual recovery of investment, including net income and depreciation.
(E) Compliance requirement. If the board establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.
(F) For purposes of this paragraph, “owner” means the owner of the nonconforming use at the time of the board’s determination of a compliance date for the nonconforming use.
(2) The right to operate a nonconforming use ceases if the nonconforming use is discontinued for six months or more. The board may grant a special exception to this provision only if the owner can show that there was a clear intent not to abandon the use even though the use was discontinued for six months or more.
(3) Reserved.
(4) The right to operate a nonconforming use ceases when the use becomes a conforming use. The issuance of an SUP does not confer any nonconforming rights. No use authorized by the issuance of an SUP may operate after the SUP expires.
(5) The right to operate a nonconforming use ceases when the structure housing the use is destroyed by the intentional act of the owner or his agent. If a structure housing a nonconforming use is damaged or destroyed other than by the intentional act of the owner or his agent, a person may restore or reconstruct the structure without board approval. The structure must be restored or reconstructed so as to have the same approximate height, floor area, and location that it had immediately prior to the damage or destruction. A restoration or reconstruction in violation of this paragraph immediately terminates the right to operate the nonconforming use.
(6) The nonconformity of a use as to parking, loading, or an “additional provision” (except for a requirement that a use be located a minimum distance from a structure, use, or zoning district) in Division 51A-4.200 does not render that use subject to the regulations in this subsection.
(b) Changes to nonconforming uses.
(1) Changing from one nonconforming use to another. The board may allow a change from one nonconforming use to another nonconforming use when, in the opinion of the board, the change is to a new use that:
(A) does not prolong the life of the nonconforming use;
(B) would have been permitted under the zoning regulations that existed when the current use was originally established by right;
(C) is similar in nature to the current use; and
(D) will not have an adverse effect on the surrounding area.
(2) Remodeling a structure housing a nonconforming use. A person may renovate, remodel, or repair a structure housing a nonconforming use if the work does not enlarge the nonconforming use. A person may renovate, remodel, or repair a structure housing a nonconforming tower/antenna for cellular communication use if the modification does not substantially change the physical dimensions of the structure housing the nonconforming tower/antenna for cellular communication use. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended.
(4) Nonconformity as to parking or loading.
(A) Increased requirements. A person shall not change a use that is nonconforming as to parking or loading to another use requiring more off-street parking or loading unless the additional required off-street parking and loading spaces are provided.
(B) Delta theory. In calculating required off-street parking or loading, the number of nonconforming parking or loading spaces for a use may be carried forward when the use is converted or expanded. Nonconforming rights as to parking or loading are defined in the following manner:
Required parking or loading for existing use
- Number of existing parking or loading spaces for existing use
Nonconforming rights as to parking or loading.
(C) Decreased requirements. When a use is converted to a new use having a lesser parking or loading requirement, the rights to any portion of the nonconforming parking or loading that are not needed to meet the new requirements are lost.
(5) Enlargement of a nonconforming use.
(A) In this subsection, enlargement of a nonconforming use means any enlargement of the physical aspects of a nonconforming use, including any increase in height, floor area, number of dwelling units, or the area in which the nonconforming use operates.
(B) The board may allow the enlargement of a nonconforming use when, in the opinion of the board, the enlargement:
(i) does not prolong the life of the nonconforming use;
(ii) would have been permitted under the zoning regulations that existed when the nonconforming use was originally established by right; and
(iii) will not have an adverse effect on the surrounding area.
(C) Structures housing a nonconforming single family or duplex use may be enlarged without board approval.
(D) A nonconforming tower/antenna for cellular communication use may be enlarged without board approval if the modification enlarging the nonconforming tower/antenna for cellular communication does not substantially change the physical dimensions of the nonconforming tower/ antenna for cellular communication use. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended.
(c) Nonconforming structures.
(1) Except as provided in Subsection (c)(2), a person may renovate, remodel, repair, rebuild, or enlarge a nonconforming structure if the work does not cause the structure to become more nonconforming as to the yard, lot, and space regulations.
(2) The right to rebuild a nonconforming structure ceases if the structure is destroyed by the intentional act of the owner or the owner’s agent.
(3) A person may, without board approval, cause a structure to become nonconforming as to the yard, lot, and space regulations by converting the use of the structure, except that no person may convert its use to a residential use or to one of the nonresidential uses listed below:
-- Airport or landing field.
-- Animal production.
-- Commercial amusement (inside).
-- Commercial amusement (outside).
-- Country club with private membership.
-- Crop production.
-- Drive-in theater.
-- Dry cleaning or laundry store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- Helicopter base.
-- Heliport.
-- Helistop.
-- Nursery, garden shop, or plant sales.
-- Personal service use.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
-- Restaurant without drive-in or drive-through service.
-- Restaurant with drive-in or drive-through service.
-- Sand, gravel, or earth sales and storage.
-- Sanitary landfill.
-- STOL (short takeoff or landing) port.
-- Stone, sand, or gravel mining.
-- Temporary construction or sales office.
-- Theater.
-- Transit passenger shelter.
The board may grant a special exception to this provision if the board finds that the conversion would not adversely affect the surrounding properties.
(4) A person may renovate, remodel, repair, rebuild, or enlarge that portion of a nonconforming structure supporting a tower/antenna for cellular communication without board approval if the modification does not substantially change the physical dimensions of the tower or base station. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended. (Ord. Nos. 19455; 19786; 20307; 20412; 21553; 22412; 25092; 26511; 29984)
(a) All territory annexed to the city is temporarily classified as an agricultural district until permanent zoning district designations are given to the area by the city council.
(b) The procedure for establishing the permanent zoning for annexed territory is the same as provided for zoning amendments.
(c) In an area temporarily classified as an agricultural district, the building official may issue building permits and certificate of occupancy for any use permitted in an agricultural district.
(d) Before permanent zoning is adopted, the building official may issue a building permit and certificate of occupancy for a use other than those permitted in the agricultural district in annexed territory upon approval of the city council in accordance with the following procedure:
(1) The applicant must submit to the building official an application including:
(A) a statement of the use contemplated;
(B) a plat showing the location and size of the lot or tract of land proposed to be used; and
(C) a description of the location, size, and type of buildings proposed to be constructed.
(2) The building official shall forward this application to the city plan commission.
(3) The city plan commission shall make its recommendation concerning the application to the city council after considering the land use plan for the area in question. The recommendation of the commission is advisory only, and the city council may grant or deny the application as the facts may justify.
(4) Upon approving an application for a use other than permitted in an agricultural district, the city council shall by ordinance instruct the building official to issue building permits and certificates of occupancy for those uses authorized. (Ord. 19455)
The general objectives of this division are to promote and protect the health, safety, and general welfare of the public through the establishment of an administrative review procedure for certain proposed development considered likely to significantly impact surrounding land uses and infrastructure needs and demands. Development impact review should occur before the developer has completed a full set of working drawings for submission as part of an application for a building permit. As part of the review procedure, the developer may be required to submit a site plan indicating building siting and layout, buffering, landscaping, usable open space, access, lighting, loading, and other specific data. Site plan review is not intended to mandate aesthetics of design, nor is it intended to alter basic development standards such as floor area ratio, density requirements, height, setbacks, and coverage. (Ord. 19455)
In this article:
(1) BUILDING ENVELOPE means the three dimensional form within which the horizontal and vertical elements of a building are contained.
(2) CALIPER means the diameter of the trunk measured six inches above ground level up to and including four inch caliper size, and measured 12 inches above ground level if the measurement taken at six inches above ground level exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks.
(3) DIR means development impact review.
(4) ESTIMATED TRIP GENERATION means the total number of vehicle trips generated by one or more uses on the lot derived from calculations based exclusively on trip generation assumptions contained in Table 1 in Section 51A-4.803.
(5) RAR means residential adjacency review.
(6) RESTORATION means the act of putting back into a former or original state. (Ord. 19455)
(a) When a site plan is required.
(1) Except as otherwise provided in Subsections (a)(3) and (a)(4), a site plan must be submitted in accordance with the requirements of this section before an application is made for a permit for work on an individual lot if the lot is in a district or subdistrict listed in Subsection (a)(2) and:
(A) the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per day per acre (See Table 1 to calculate estimated trip generation);
(B) the lot contains a use for which DIR is required in the use regulations (See Division 51A-4.200); or
(C) the lot has a residential adjacency as defined in Subsection (d)(3) and contains a use for which RAR is required in the use regulations (See Division 51A-4.200).
(2) The districts and subdistricts listed for purposes of Subsection (a)(1) are:
(A) all nonresidential zoning districts except central area districts; and
(B) SC, GR, LC, HC, O-2, and industrial subdistricts in the Oak Lawn Special Purpose District (Planned Development District No. 193).
TABLE 1 | |
TRIP GENERATION ASSUMPTIONS
| |
USE | TRIPS PER DAY |
TABLE 1 | |
TRIP GENERATION ASSUMPTIONS
| |
USE | TRIPS PER DAY |
INDUSTRIAL USES | 6.97 per 1,000 gsf |
LODGING USES | 10.50 per room |
OFFICE USES | |
Financial institution without drive-in | 140.61 per 1,000 gsf |
Financial institution with drive-in | 265.21 per 1,000 gsf |
Other by floor area: | |
10,000 gsf or less | 24.60 per 1,000 gsf |
over 10,000 to 50,000 gsf | 16.58 per 1,000 gsf |
over 50,000 to 100,000 gsf | 14.03 per 1,000 gsf |
over 100,000 to 150,000 gsf | 12.71 per 1,000 gsf |
over 150,000 to 200,000 gsf | 11.85 per 1,000 gsf |
RESIDENTIAL USES | |
Single Family | 9.55 |
Other | 6.59/dwelling unit |
RETAIL AND PERSONAL SERVICE USES | |
General merchandise over 3,500 sq. ft. | 177.59 per 1,000 gsf |
General merchandise under 3,500 sq. ft. | 737.99 per 1,000 gsf |
Restaurant without drive-in | 205.36 per 1,000 gsf |
Restaurant with drive-in | 786.22 per 1,000 gsf |
Other: | |
10,000 gsf or less | 167.59 per 1,000 gsf |
over 10,000 to 50,000 gsf | 91.65 per 1,000 gsf |
over 50,000 to 100,000 gsf | 70.67 per 1,000 gsf |
over 100,000 to 150,000 gsf | 62.59 per 1,000 gsf |
over 150,000 to 200,000 gsf | 54.50 per 1,000 gsf |
WHOLESALE, DISTRIBUTION, AND STORAGE USES | |
Mini-warehouse | 2.61 per 1,000 gsf |
Warehouse | 4.88 per 1,000 gsf |
‘gsf’ means gross square feet. These rates are based on the ITE Trip Generation Report, 5th edition, January, 1991. Rates for uses and floor areas not listed shall be based on the ITE Trip Generation Report. Rates for uses and floor areas not listed in the ITE Trip Generation Report shall be determined by the director based on a survey of similar existing uses. | |
(3) A site plan is not required under Subsection (a)(1) if the permit is only needed for:
(A) restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind; or
(B) construction work that does not change the use or increase the existing building height, floor area ratio, or nonpermeable coverage of the lot.
(4) If a site plan is included as part of an ordinance establishing the zoning classification of a lot, or if a site plan is approved by official action of the board of adjustment as a condition to the granting of a variance or special exception on the lot, then no site plan is required to be submitted or approved under this section if the record also reflects that:
(A) traffic signals, turn lanes, additional lanes, or other public infrastructure improvements were, or are required to be, constructed or paid for by the owner in connection with the passage of the ordinance or the granting of the variance or special exception; and
(B) if the lot would otherwise be subject to the residential adjacency standards of this section, the approving body considered the impact of the development on surrounding land uses.
(5) The building official shall not issue a permit authorizing work for which a site plan is required under Subsection (a)(1) unless the site plan has been approved by:
(A) the director; or
(B) the city plan commission as part of the appeal process.
(b) Application for review. An application for review of a site plan required under this section must be filed with the director on a form furnished by the city for that purpose. The application must contain the following:
(1) The name, address, telephone number, and signature of the applicant. If the applicant is not the owner of the lot, he must submit a letter from the owner authorizing him to act on the owner’s behalf.
(2) The name, address, and telephone number of the owner of the lot. If there is more than one owner, the names, addresses, and telephone numbers of all owners must be provided.
(3) The street address and complete legal description of the lot.
(4) A brief description of all existing and proposed uses on the lot.
(5) Any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(c) Site plan submission. A site plan submission under this section must include one reproducible print (blackline polyester film or equal) with five folded blueline or blackline copies, and one 8-1/2 inch by 11 inch clear film positive. The print and copies must have a scale of one inch equals 100 feet or larger (e.g. one inch equals 50 feet, one inch equals 40 feet, etc.) and be on a standard drawing sheet of a size not to exceed 36 inches by 48 inches.
(d) Site plan requisites.
(1) In general. If the site plan is required due to estimated trip generation or a requirement for DIR in the use regulations, it must:
(A) include a location diagram showing the position of the lot in relation to surrounding streets in the city's major street network;
(B) contain title block and reference information pertaining to the lot and plan, including the name of the project, the names of the persons responsible for preparing the plan, the zoning classification of the lot, the scale of the plan (both numeric and graphic), and the date of submission, with provisions for dating revisions;
(C) show the dimensions of the lot, and indicate lot area in both square feet and acres;
(D) show or describe the building envelope for each existing and proposed building on the lot;
(E) show the location of all existing streets, alleys, easements for street purposes, utility and other easements, floodway management areas, and the one-percent annual chance flood plain, if applicable;
(F) show all areas proposed for dedication or reservation;
(G) show zoning setback and building lines for each existing and proposed building on the lot;
(H) show all existing and proposed points of ingress and egress and estimated peak hour turning movements to and from existing and proposed public and private streets and alleys;
(I) show all existing and proposed median cuts and driveways located within 250 feet of the lot;
(J) show all existing and proposed off-street parking and loading areas, indicating the general dimensions of parking bays, aisles, and driveways, and the number of cars to be accommodated in each row of parking spaces;
(K) show all existing and proposed provisions for pedestrian circulation on the lot, including sidewalks, walkways, crosswalks, and pedestrian plazas;
(L) indicate average daily traffic counts on adjacent streets and illustrate estimated peak hour turning movements at intersections located within 250 feet of the lot;
(M) show the location and indicate the type of any special traffic regulation facilities proposed or required;
(N) show the existing and proposed topography of the lot using contours at intervals of two feet or less. Existing contours must be shown with dashed lines; proposed contours must be shown with solid lines;
(O) show the existing and proposed locations for municipal solid waste containers and receptacles;
(P) show surrounding properties and the approximate location of buildings within a distance of 250 feet of the lot, indicating their zoning district classification. Surrounding properties may be drawn at a smaller scale than that required under Subsection (c);
(Q) show locations, calipers, and names (both common and scientific) of all trees near proposed construction activity (trees in close proximity that all have a caliper of less than eight inches may be designated as a "group of trees" with only the number noted); and
(R) contain any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(2) Residential adjacency items. If the lot has a residential adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose District (Planned Development District No. 193), the site plan must:
(A) satisfy the requirements of Subparagraphs (A) through (G), (J), and (N) through (Q) in Subsection (d)(1);
(B) show all existing and proposed points of ingress and egress;
(C) show the existing and proposed locations for all building entrances, exits, service areas, and windows;
(D) show the location and indicate the type, size, and height of perimeter fencing, screening, and buffering elements proposed or required;
(E) show all provisions to be made to direct and detain storm water and to mitigate erosion both during and following the completion of construction;
(F) show the location and indicate the type, orientation, size, and height of light standards which will illuminate any portion of a required yard;
(G) show the location of existing and proposed signs;
(H) show the existing and proposed locations of all exterior loudspeakers and sound amplifiers;
(I) show the existing and proposed locations for all mechanical equipment capable of producing high levels of noise; and
(J) contain any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(3) For purposes of this section, a lot has a residential adjacency if:
(A) the lot is adjacent to or directly across:
(i) a street 64 feet or less in width; or
(ii) an alley from an R, R(A), D, D(A), TH, TH(A), or CH district; or
(B) an existing or proposed building or structure on the lot is within 330 feet of a lot in an R, R(A), D, D(A), TH, TH(A), or CH district.
(4) Reserved.
(5) The following information, in addition to being shown graphically, must be separately tabulated in a conspicuous place on the plan for quick and easy reference:
(A) Lot area in square feet and acres.
(B) Total building floor area and floor area for each use on the lot in square feet.
(C) Floor area ratio of the lot.
(D) Square footage and percentages of building coverage and nonpermeable coverage of the lot.
(E) Number of parking spaces required and number of parking spaces provided.
(F) Zoning classification of the lot.
(e) Review by the director.
(1) Upon the filing of a complete application for review of a site plan and a complete site plan submission, the director of development services shall promptly forward one copy of each to the director of code compliance for review and comments. The director of code compliance shall review the application and submission and return a written recommendation to the director of development services within 15 calendar days of the filing date.
(2) The director shall make a decision regarding the application and submission within 30 calendar days of the filing date. That decision must take one of three forms:
(A) Approval, no conditions.
(B) Approval, subject to conditions noted.
(C) Denial.
(3) If the director fails to make a decision regarding the application and submission within 30 calendar days of the filing date, the application and submission are considered to be approved subject to compliance with all applicable city codes, ordinances, rules, and regulations.
(4) The time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides all of the information required in Subsections (b), (c), and (d). In cases where the director requests additional information within 10 calendar days of the filing date, the time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides the additional information.
(5) If the director denies an application or submission, he shall state in writing the specific reasons for denial. If he approves an application or submission subject to conditions, he shall state in writing the specific requirements to be met before issuance of a permit to authorize work on the lot.
(f) Grounds for denial.
(1) In general. The director shall deny a site plan application or submission under this section if:
(A) it does not contain sufficient information to allow for site plan review; or
(B) the site plan does not comply with all applicable city codes, ordinances, rules, or regulations.
(2) Vehicular circulation and infrastructure standards.
(A) Except as otherwise provided in Subsection (g), the director shall deny a site plan under this section if:
(i) the provisions for vehicular loading and unloading or parking, or for vehicular or pedestrian circulation, will create hazards to safety or will impose a significant burden upon public facilities which can be avoided or substantially mitigated by reasonable modifications in the plan; or
(ii) the site plan is required due to estimated trip generation and the owner of the lot refuses to comply with one or more of the following development-related infrastructure requirements:
(aa) The owner shall construct traffic control improvements, including, if applicable, traffic signal upgrades, at intersections adjacent to the lot if the traffic engineer determines that such improvements are necessitated by and wholly attributable to the proposed new development.
(bb) The owner shall construct right and left turn lanes, stacking lanes, and bus turnouts in right-of-way adjacent to the lot if the traffic engineer determines that such improvements are necessitated by and wholly attributable to the proposed new development.
(cc) The owner shall dedicate right-of-way or easements to the city to allow for those right and left turn lanes, stacking lanes, and bus turnouts that the director determines are necessitated by and wholly attributable to the proposed new development.
(B) To construct the improvements required under Subparagraph (A), the owner shall enter into a private development contract satisfactory to the city. The contract must be made according to terms and conditions stated on a form provided by the director and approved by the city attorney. The contract must include performance and payment bonds equivalent to those which the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.
(C) In lieu of constructing the improvements required under Subparagraph (A), the owner may voluntarily pay the city an amount equal to the estimated cost of constructing the improvements before issuance of a building permit to authorize work on the lot. For purposes of this subparagraph, the estimated cost of constructing the improvements shall be determined by the director on a case by case basis. Such payments, being voluntarily tendered to the city as an optional alternative to the performance of construction work, shall not be “impact fees” as defined by state law, but shall constitute compensation for the city’s construction of the required improvements. All payments made pursuant to this subparagraph must be credited to separate interest-bearing accounts and used only for financing construction of the specified improvements. Any payments made that are not spent on the specified improvements within five years after the date of payment must be refunded together with interest accrued at the city’s investment rate during the five-year period, less administrative costs. Refunds shall be made to the owner of record shown on the last approved city ad valorem tax roll at the time the refund is paid, except that payments made by a political subdivision or governmental entity shall be refunded to that political subdivision or governmental entity.
(3) Residential adjacency standards. If the lot has a residential adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose District (Planned Development District No. 193), the director shall review the site plan for compliance with this paragraph and, except as otherwise provided in Subsection (g), shall deny the site plan if:
(A) the location of existing or proposed buildings, structures, or equipment on the lot will be detrimental or injurious to each other or to surrounding development, or will impose an undue burden on public facilities, and the detrimental or injurious results or undue burden can be avoided or substantially mitigated by reasonable modifications in the plan;
(B) development of the lot will create a soil or drainage problem which can be avoided or substantially mitigated by reasonable modifications in the plan;
(C) the proposed on-site fencing, screening, or buffering elements do not provide adequate protection to adjacent property, and adequate protection can be provided by reasonable modifications in the plan; or
(D) the exterior lighting to be provided on the lot will create a hazard to motorists on an adjacent public or private street or alley, or will damage or diminish the value or usability of adjacent property.
(4) If the director denies a site plan under this section, he shall state in writing the specific reasons for denial.
(g) Approval subject to conditions noted. As an alternative to denial of a site plan under Subsection (f), the director may approve the site plan subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the director approves the site plan subject to conditions noted, he shall state in writing the specific requirements to be met before issuance of a permit to authorize work on the lot.
(h) Approval, no conditions. If there are no grounds for denial of a site plan under Subsection (f), the director shall approve the site plan with no conditions.
(i) Appeals.
(1) The applicant may appeal the following decisions made by the director:
(A) Denial of an application or site plan submission.
(B) Approval of an application or site plan submission subject to conditions noted.
(2) An appeal must be made within 10 days after notice is given to the applicant of the director’s decision.
(3) An appeal is made by filing a written request with the director for review by the city plan commission.
(4) Decisions of the commission are final as to available administrative remedies and are binding on all parties.
(5) If the commission fails to make a decision on the appeal within 30 calendar days of the date that the written request is filed with the director, the application and submission are considered to be approved subject to compliance with all other applicable city codes, ordinances, rules, and regulations.
(j) Validity of approved site plan. An approved site plan is valid for a period of two years. If a permit to authorize work on the lot has not been obtained upon expiration of the two-year period, a new site plan submission is required.
(k) Effect of approved site plan. The approval of a site plan by the director or commission does not result in the vesting of development rights, nor does it permit the violation of any city ordinance or state law, nor does it preclude the building official from refusing to issue a permit if he determines that plans and specifications do not comply with applicable laws and ordinances, or that the work described in the application for the permit does not conform to the requirements of the construction codes. (Ord. Nos. 19455; 19786; 19929; 20037; 20730; 21760; 22053; 22026; 25047; 27697; 28073; 28424; 28553; 31314; 32002)
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