(a) Development Plans Required. Development plan approval shall be required for all new development, site improvements or building additions in the zoning districts or uses listed herein. Any alteration or change in use, construction, landscaping, lighting, change in exterior finish, or color shall be submitted in the zoning districts or uses listed herein. All development plans and changes shall be submitted to the Division of Building for review and for approval by the Planning and Design Commission for the following zoning district: Civic and Recreational, Multi-Family Garden, Multi-Family Hi-Rise, Multi-Family Townhouse, Low-Rise Planned Development, Senior Citizens Housing District, General Business “A”, General Business “B”, Office Building “1", Office Building “2", Office Building “3", Conditional Uses and Condominium Conversion.
(Ord. 03-04. Passed 1-21-03.)
(b) Submittal of Preliminary Plans. Prior to the submission of final development plans the applicant may submit preliminary development plans to the Planning and Design Commission for initial review. The Commission may make, as it deems appropriated suggested corrections, amendments and revisions to the preliminary development plans. The preliminary development plans shall include at least the following items as more fully described in subsection (c) hereof:
(1) Buildings and structures.
(2) Floor plans.
(3) Streets and sidewalks.
(4) Parking and loading areas.
(5) Outdoor storage.
(c) Final Development Plan Requirements. All development plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, or an architect. Development plans shall be drawn at a scale of not less than fifty feet to the inch. The final development plans shall include all of the following items:
(1) Survey. A survey of the property including permanent parcel number(s), land ownership and existing and proposed topography. Final development plans shall also include a plat for the entire development area showing the street right of way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots.
(2) Buildings and Structures. The location, size, height, entrances and access, use or proposed use, general design, color and exterior facade material samples of all main and accessory buildings or structures, proposed and existing, and proposed and existing fences or walls. The plan shall also indicate the location and outline of buildings on adjoining lots.
(3) Floor Plans. Floor plans drawn to scale, dimensioned and labeled indicating the proposed uses of all building areas.
(4) Streets and Sidewalks. The proposed public and private system of circulation including automobiles, delivery vehicles, emergency vehicles and pedestrian details, including pedestrian plazas, connection to existing streets and rights of way; curbs; proposed or existing methods of traffic control, size and type of pavement, estimate of traffic volume and, when applicable, proposed names of any street.
(5) Parking and Loading Areas. The layout, location, dimensions and estimate of number of spaces, type of pavement, curbing, design features and landscaping in parking and loading areas.
(6) Utilities. Preliminary on-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project.
(7) Outdoor Storage. The location and layout for all areas of all permitted storage or display of any material, vehicle, waste material, products or container for storage including storage enclosures.
(8) Signs. The location, size, height, design and material for all signs to be placed on the property or the outside surfaces of all structures.
(9) Landscaping and Lighting. The design and location of all existing and proposed landscaping areas, open spaces, retention areas, yards including names and sizes of all proposed and existing plant material; the location, height, design and specifications of exterior lighting.
(10) Buffering. The location, size, height and types of plantings and/or screening to be used in compliance with the requirements of the Zoning Code and/or plantings as may be required by the Planning and Design Commission to separate, screen and/or protect adjoining property.
(11) Grading; Drainage. A topographic plan indicating existing and proposed grading, catch basins, drainage, drainage structures, retention systems, ditches, drain sizes, easements and, if required, engineering documents and drainage calculations.
(d) Submission of Final Development Plans. After the preparation of the final development plans pursuant to subsection (c) hereof, a sufficient number of sets as required by the Division of Building shall be submitted to the Division accompanied by an application form, the applicable application fee and a letter describing the proposal. The Building Commissioner or his assignee shall review the plans for completeness to the applicable Zoning Code requirements. Within thirty days of submittal the Commissioner shall notify the applicant if the submitted plans are complete and accepted by the Division for Planning and Design Commission review and action. Acceptance of the plan by the Building Commissioner shall not be deemed as an approval of the plan by or on behalf of the City nor does such acceptance of the plan waive the right of the Division of Building or the Planning and Design Commission to request additional documentation, information or detail during their review. Development plans shall be distributed to applicable departments as deemed appropriate by the Commissioner or as required by the rules of the Commission for review and comment. The Commissioner shall notify the applicant of deficiencies in the submitted plan, compliance or noncompliance to the Zoning Code or other codes of the City, other department concerns and make recommendations which would improve the development plan. Any recommendation made by the Building Commissioner is not exclusive or final. The Planning and Design Commission may make additional recommendations as provided in this section. After review by the Building Commissioner, the applicant may submit revised or amended plans for submission to the Commission.
(e) Planning and Design Commission Review. After submittal of complete plans and review by the Division of Building for compliance to the Zoning Code pursuant to subsection (d) hereof, the development plan application shall be placed on the Commission agenda as soon as is practicable. The Commission shall review the plans taking into account the spirit and intent of the Zoning Code, the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan or concept of the City.
Within ninety days from the date of the Commission meeting at which all required plans and data were first considered by the Commission, the Commission shall either approve the submitted plan, approve a modified development plan or disapprove the development plan, unless the applicant shall consent to an extension of the time limitation set forth herein. In the event the applicant chooses to withdraw the application, the time limitation of this section shall only apply and commence to run if such application is again presented to the Commission as required herein. If the Commission disapproves the development plans the Commission shall indicate in its minutes the reason for disapproval. Action by the Commission shall be deemed to be final from which an appeal may be taken by the applicant, any elected official of the City or by any aggrieved or affected person in accordance with the provisions of Chapter 1153.
Building plans, engineering plans and all drawings shall comply with the approved development plans and other applicable regulations of the City.
Any deviation or change in a development plan approved by the Planning and Design Commission shall be subject to approval by the Commission.
The Commission may adopt procedures for the filing and processing of applications as are not in conflict with this section or any other ordinance or resolution of the City. No provision of this section shall be interpreted or applied in any manner which limits the authority or the ability of the Commission to obtain any review or recommendation regarding any development proposal before it from any person it deems necessary or appropriate.
(f) Modifications by the Planning and Design Commission. Where the Planning and Design Commission is authorized under the provisions of the Zoning Code to effectuate modifications thereof, the Commission shall apply all of the following in addition to such specific provisions as may be set forth in other provisions of the Zoning Code:
(1) Modifications for dimensional standards in the Zoning Code shall be designed to provide better utilization of the land and may be offset by the imposition of greater standards in other areas of the Zoning Code.
(2) Modifications shall be designed to protect the desirable characteristics of both existing and planned development of adjacent properties.
(3) Modifications shall promote the desirable and beneficial use of the land and promote the beneficial economic development of the City.
(4) Modification shall maintain convenient and safe access to properties and buildings.
(5) Modification shall promote effective open space buffering and landscaping by location of buildings relative to adjacent buildings or site features.
Where the applicant requests modifications to one or more standards of the Zoning Code, the Planning and Design Commission may recommend and request modifications to increase other standards to offset the request of the applicant. If modifications made by either the Commission and those requested by the applicant which are subsequently approved by the Commission, the modifications shall be made a part of the development plans and indicated on the revised plans. The applicant and/or his assigns shall be bound by such modifications.
(g) Legal Interpretation Required. Whenever a development proposal requires a legal interpretation, all necessary documents shall be submitted to the Law Department of the City for its review. Such submission shall be made by the secretary of the boards and commissions of the City, the Building Commissioner or by the board or commission requesting such legal interpretation. Such interpretation shall be furnished in a timely manner and shall be considered by the board or commission requesting such interpretation but shall not be considered as binding upon the requesting board or commission.
(h) Issuance of Building Permit. Upon receipt or all required recommendations and approvals as required by all applicable codes of the City and upon a determination that all drawings, specifications, and required documents are in accordance and compliance with the final action of the Planning and Design Commission, the Building Code, the Fire Prevention Code, the Charter of the City, and all other applicable laws, ordinances and resolutions of the City, and that the fee(s) required by Chapter 1307 have been paid, the Building Commissioner shall issue a building permit as provided herein.
(i) Application of Zoning Code Provisions. The provisions to the Planning and Zoning Code in both its interpretation and its application shall be held to be the minimum requirements necessary for the protection and promotion of the public health, safety, peace and welfare and shall be liberally construed in such manner so as to further and ensure the underlying purposes, objectives and intent of the Zoning Code.
(j) Lapse of Approval. An approval or an approval with modifications of a development proposal by the Planning and Design Commission shall not be withdrawn or changed unless there is a change of circumstances, or unless such withdrawal or change is made pursuant to the rules of the Commission, or if after the expiration of one year, no substantial construction is done in accordance with the plans for which such approval or approval with modifications was given. Should any of the foregoing be the case, the approval or approval with modifications of the development proposal shall be deemed null and void and review and approval of the development pursuant to each and every applicable provision of this section and the applicable provisions of the Zoning Code shall be required prior to the commencement of construction.
(Ord. 95-74. Passed 10-16-95.)