§ 153.038 SITE PLAN APPROVAL.
   (A)   Purpose. The purpose of this section is to establish a formal site plan review procedure that will assist the city in achieving safe, functional, and attractive development. Site plan review is required for uses, other than the exempted uses below, prior to issuance of a building permit for new construction or additions or changes to a building’s exterior and is required in conjunction with an application for a:
      (1)   Conditional use permit;
      (2)   Plat;
      (3)   Residential subdivision;
      (4)   Commercial development;
      (5)   Variance;
      (6)   Rezoning;
      (7)   Planned Unit Development;
      (8)   Subdivision; and
      (9)   Interim use permit.
   (B)   Exemptions from review. The following uses shall be exempted from the site plan review requirements:
      (1)   Agricultural uses in the AP, C, A, and RR Districts;
      (2)   Single-family detached and two-family dwellings; and
      (3)   Single-family attached dwellings approved by Planned Unit Development and/or subdivision unless otherwise required by the city.
   (C)   Preliminary review. Prior to developing a final site plan for submission, applicants are encouraged to submit a sketch plan to the city for review and comment. City staff shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions, comments, or suggestions offered in this preliminary review shall not constitute a binding decision on the request.
   (D)   Application. The following data shall be submitted in conjunction with an application for final site plan review. The city may waive some requirements depending on the complexity of the proposal.
      (1)   Certificate of survey. Shall be drawn to scale of not more than 1 inch equals 50 feet and include the following information:
         (a)   The date, north point, map scale, name and address of the applicant, owner, operator, surveyor, engineer and designer, including their license numbers and seals;
         (b)   A correct boundary survey and legal description of the subject property;
         (c)   Depiction of all existing watercourses, lakes, wetlands, wooded areas, and rock outcrops - see §§ 153.295 et seq. and § 153.343 for woodland and shoreland requirements;
         (d)   The location, right-of-way width, dimensions and names of existing or dedicated streets or other public lands, permanent buildings and structures, easements, section and corporate lines within the subject property and within a distance of 100 feet from the property boundaries;
         (e)   Descriptions, reference ties, and elevations of all benchmarks;
         (f)   Location of all monuments existing at the time of the survey and those which the surveyor shall have located at the corners of the subject property;
         (g)   Reference to and relations of municipal, township, county, or section lines to lines of the subject property by distances, angles, radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs; and
         (h)   Boundary lines of adjoining property within 100 feet, identifying owners.
      (2)   Site plan. Shall be drawn to scale of not more than 1 inch equals 50 feet and include the following information:
         (a)   Boundaries with dimensions and angles and ties to section lines;
         (b)   Existing buildings on the site and within 100 feet;
         (c)   Proposed buildings, additions, or demolitions;
         (d)   Existing and proposed curbs, curb cuts and driveways, curb and driveway cross-sections;
         (e)   Existing and proposed parking and loading facilities, parking lot cross sections;
         (f)   Trash and waste storage facilities;
         (g)   Pedestrian circulation system with cross-section;
         (h)   Screening (fences, walls, landscaping, and berms) with construction details; and
         (i)   Tabulation of pertinent site data to aid in evaluating compliance with zoning requirements.
      (3)   Lighting plan. Shall include the following information:
         (a)   Location of all exterior lighting;
         (b)   Illumination pattern and data on lighting fixtures;
         (c)   Details of lighting fixtures; and
         (d)   Relationship to lighting on abutting properties.
      (4)   Grading and drainage plan. Shall include the following information:
         (a)   Existing and proposed topography;
         (b)   Existing and proposed drainage facilities;
         (c)   Delineation of topography of subject property with contour intervals of not more than 2 feet and supplemental of 1 foot in extremely flat areas;
         (d)   Calculations to determine sizing of pipes, structures, and water storage areas;
         (e)   Gradients and invert elevations of surface drainage and pipes;
         (f)   Erosion control measures; and
         (g)   Drainage easements.
      (5)   Utilities plan. Shall include the following information:
         (a)   Existing and proposed sanitary sewer and water systems;
         (b)   Elevations, gradients, and sizing of all components; and
         (c)   Utility easements.
      (6)   Landscape plan. Shall include the following information:
         (a)   Location, size, and species of all proposed plant materials;
         (b)   Location, size, and species of all existing plant materials over 4 inches in diameter at 4.5 feet above ground level measuring a minimum of 6 inches in diameter for all hardwood deciduous trees or a minimum of 12 inches in diameter for all softwood deciduous trees or a minimum of 12 feet in height for all coniferous trees;
         (c)   Plant schedule;
         (d)   Planting details; and
         (e)   Existing plants to be removed.
      (7)   Sign plan. Shall include the following information:
         (a)   Site plan locating all freestanding signs;
         (b)   Diagrams of sign copy with dimensions and color;
         (c)   Dimensions of all signs, including sign structures and mounting systems;
         (d)   Height of all signs;
         (e)   Sign illumination system; and
         (f)   Structural plans showing materials, fabrication, and mounting system.
      (8)   Building plan. Shall include the following information:
         (a)   Elevation drawings, sections, or illustrations indicating the architectural treatment of all proposed buildings and structures;
         (b)   Floor plans of all proposed buildings and structures;
         (c)   Type of use, number of employees, users, or occupants expected;
         (d)   Type, location, and treatment of exterior mechanical devices, such as vent exhaust fans, air conditioners, and elevators;
         (e)   Type of exterior building materials;
         (f)   Exterior colors of all building materials; and
         (g)   Outline specifications.
      (9)   Identification of variances. All variances must be clearly shown.
   (E)   Procedure. Once preliminary review of a sketch plan has been reviewed, the applicant shall submit an application to the city for final site plan review. The final site plan review process shall be as follows:
      (1)   The applicant(s) shall submit a completed application and all required final site plan review materials to the city.
      (2)   The city staff shall review the application and forward a report and recommendation, including all conditions, to the Planning Commission.
      (3)   The Planning Commission shall review the submitted final site plan application and recommendation from city staff and make a final decision, prior to issuance of a building permit for new construction, building additions, or significant changes to a building’s exterior. The Planning Commission shall have the authority to make final decisions on final site plan applications within previously approved Planned Unit Developments. The final decision of the Planning Commission shall include all conditions or modifications to the final site plan application.
      (4)   The Planning Commission may remove, alter, or impose additional conditions to the final site plan application.
      (5)   The decision of the Planning Commission approving or denying final site plan approval along with its findings shall be formally recorded.
      (6)   In evaluating its recommendation and approval, the Planning Commission shall take into consideration the following:
         (a)   Consistency with the City Comprehensive Plan;
         (b)   Compliance with this chapter;
         (c)   The preservation of the site in its natural state to the extent practicable by minimizing tree loss, soil removal, and grading;
         (d)   The harmonious relationships between buildings, open spaces, natural site features, architectural details, and vehicular and pedestrian circulations; and
         (e)   The protection of adjacent and neighboring properties.
   (F)   Amendments to approved site plan reviews.
      (1)   Application. An application for an amendment to an approved site plan shall be submitted to the city. Amendment applications shall include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.
      (2)   Determination of type of change. Upon receipt of a complete application and using the following criteria, the Community Development Department shall determine within 15 business days whether the proposed amendment constitutes a minor or major change to an approved site plan. Major changes to an approved site plan shall include, but are not limited to:
         (a)   An increase in the gross floor area;
         (b)   A change in architectural design and/or materials;
         (c)   A change in building location;
         (d)   A change in building height;
         (e)   A change in the number of dwelling units;
         (f)   A reduction in open space or required yards;
         (g)   A reduction in the number of parking spaces or an increase of more than 4 parking spaces;
         (h)   A change in the number and/or location of accesses to public streets or alleys;
         (i)   A change in excess of 5 feet in the location of walkways, vehicle circulation ways, and parking areas;
         (j)   A change in the landscape plan that results in a reduction in the net amount of plant material.
      (3)   Approved site plan major change review procedure.
         (a)   Once accepted, the Community Development Department shall forward the complete application to the Planning Commission for recommendation to the City Council.
         (b)   The Planning Commission shall consider amendment applications within 60 days of receipt of a complete application. If, in the Planning Commission’s judgment, the application does not contain sufficient information to enable the Commission to properly discharge its responsibilities, the Commission may request additional information from the applicant. The City Council may approve a site plan amendment request by a majority vote of all its members. If the City Council denies the site plan amendment request it must state in writing the reasons for the denial at the time that it denies the request. If a written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making the decision. The written statement must be consistent with the reasons stated in the record at the time of denial. The written response of denial or approval with conditions meets the 60-day time limit if the city can document that the response was sent within 60 days of receipt of the complete written application.
      (4)   Approved site plan review minor change procedure.
         (a)   The Community Development Department shall approve minor changes to the approved site plans within 15 business days of receipt of the complete application. The 15 business days timeframe shall commence after the determination that the change is a minor change. If the Community Development Department determines the application does not contain sufficient information, the Community Development Department may request additional information from the applicant. In that event, the 15 business day period shall be suspended pending receipt of all requested information.
         (b)   The Community Development Department may also, at its discretion, determine that a proposed change to an approved site plan constitutes a major change and, as such, must be submitted to the Planning Commission in accordance with the procedures for a major change.
         (c)   If the Community Development Department does not approve the minor change, the applicant may appeal the decision to the Planning Commission in accordance with the procedures for a major change.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24- 2014; Am. Ord. 648, passed 9-28-2015)