Development plans shall be required as follows.
(A) Development plans are encouraged and may be required for all zoning map amendments or approval of a subdivision plat. If the proposed zoning is not in compliance with the approved Comprehensive Plan or further explanation and details about the proposed use are needed in order for the Joint City-County Planning Commission to make an informed decision on the proposed zone change, a detailed development plan and any additional details deemed necessary by the Planning Commission will be required. All applications for zoning map amendments and approval of subdivision plats that meet the aforementioned criteria shall require the submission and approval of both a preliminary development plan and a final development plan prior to development of the property.
(B) Preliminary development plan may be waived under certain conditions. If recommended by the planning staff of the city, the Planning Commission may waive the filing and approval of a development plan in connection with a zoning proposal, if the Planning Commission finds that development of the subject property would neither involve nor create significant flood, drainage, sewage, traffic, topographic or other similar problems; provided, however, if the city planning staff, the Superintendent of the Street and Sanitation Department, the Manager of the City Water and Sewer Commission and the Superintendent of the city’s Electric Plant Board all concur that no significant problems related to flood, drainage, sewage, traffic, topographic or other similar problems are presented or created affecting the subject property or other property in the area in connection with a proposed zoning map amendment for which no present development is proposed for the property, then no preliminary development plan shall be required for a zoning map amendment.
(C) Development plans are required by the zoning ordinance to permit more than one principal structure and its accessory structures on a lot or parcel of land and shall be submitted to the Joint City-County Planning Commission, in accordance with the provisions of this subchapter.
(D) (1) Development plans required for multi-business structures.
(2) Development plans are required by the zoning code to permit construction of multi-business structures and shall be submitted to the Joint City-County Planning Commission, in accordance with the provisions of this subchapter.
(E) Development plans required whenever building permit issued. A development plan shall be required to accompany any building permit application filed to construct a building on property zoned anything other than residential; provided, however, the city Building Inspector may issue a building permit without approval of the Joint City-County Planning and Zoning Commission if the following conditions are satisfied:
(1) If and only if the parcel on which the building is to be constructed contains one acre or less, in which case a grading plan with proposed erosion control plans will be required in accordance with § 152.16(A)(2);
(2) A plan has been submitted and reviewed by the city’s Building Inspector, the Superintendent of the Street and Sanitation Department, the manager of the city’s Electric Plant Board, the Manager of the city’s Water and Sewer Commission and Fire Chief of the city’s Fire Department; and
(3) Each certifies that there are not existing or potential substantial flood, drainage, sewage, traffic, topographic or other similar problems relating to the development of the subject property that could have an adverse influence on existing or future development of the subject property or other property in the neighborhood.
(F) Borrow/back fill sites are classified as any site over 10,000 square feet where fill material is either being excavated or deposited with no intention of any immediate site development improvements to the site. Approval of any such site shall be at the discretion of the Planning Commission Staff, city Building Inspector and the Superintendent of Public Works and must adhere to the following:
(1) Borrow/back fill sites are only allowed in commercial and industrial zones; and
(2) Plans be submitted to the aforementioned city officials which include existing topography, final grading, erosion control measures, including measures to ensure no substances of any kind be tracked onto public roadways.
(1989 Code, § 152.17) (Ord. 1975, passed 9-28-1992; Am. Ord. 2026, passed 8-23-1993; Am. Ord. 2667, passed 7-13-2009)