(1) Purpose. The purpose of this chapter is to provide a process for the review and approval of site plans and building designs by the DRB, PZC and city officials. These regulations are established in the interest of encouraging quality development, establishing compatibility of designs, establishing a sense of place and identity for the community, and for the special design districts within the community, to ensure proper design of sites for the effective use of land, and to promote high standards in the layout, design, landscaping and construction of development. Site plan review is intended to control site and building design only to the extent necessary to promote these objectives, while allowing flexibility and creativity in the design of individual sites.
(2) Applicability. No use or construction for which a site plan review is required shall be established or commenced and no permit or certificate shall be issued until a site plan application has been approved by the PZC.
(A) In all residential districts and planned development districts that allow residential uses, any new construction, substantial renovation, or expansion of a building or site improvements, or establishment of a new use for:
1.) Two-family dwellings;
2.) Multi-family dwellings;
3.) Conditional uses;
4.) Agricultural building, roadside stand, private stable or building for housing domestic animals;
5.) Commercial uses, as permitted in planned developments; and
6.) Recreational facilities, as permitted in planned developments.
(B) In all commercial or industrial districts, any new construction, substantial renovation or expansion of a building or site improvements, or establishment of a new use as defined in division (2)(C) below.
(C) As used in this section, “new construction, substantial renovation, expansion of a building or site improvements, or establishment of a new use” shall include the following:
1.) New construction, expansion in floor area, change in location on a lot, or significant reconstruction or alteration of an exterior wall, roof, or other exterior part of a main structure or of an accessory structure, not including repair or replacement of a structure or part of a structure in a manner conforming to an approved site development plan;
2.) New construction, alteration, or expansion of any freestanding sign or any attached sign which is greater than 20 square feet, and replacement of sign panels in an existing nonconforming sign;
3.) Construction of a new curb cut, parking area, drive, loading area or related improvement;
4.) Alterations to site improvements (including, but not limited to, fences, walls, and landscaping enclosing loading and storage areas) which are designed to buffer or protect abutting properties from impacts, except that, if no other changes to the site require site plan review by the Planning and Zoning Commission, the Planning Director may approve the design of such improvements without site plan review by the Commission or may require that such improvements be reviewed by the Commission; and
5.) A change in the use of an existing building or lot, where:
a.) A dwelling is replaced by any other use or where a dwelling use replaces any other use;
b.) The number of dwelling units is increased in a multi-family dwelling or on a lot having multi-family use;
c.) A commercial use is replaced by an industrial or institutional use;
d.) An industrial use is replaced by a commercial or institutional use;
e.) An institutional use is replaced by a commercial or industrial use;
f.) A use other than a dwelling is expanded into existing, unfinished floor area; and
g.) The Planning Director determines that a proposed new use will create new impact on abutting properties, will generate additional traffic, will require additional parking or altered curb cuts and drives, or will have other effects which justify review of the suitability of the site and improvements to support the proposed new use.
(3) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a site plan review.
(4) Procedure. The review procedure for a site plan review shall be as follows.
(A) Step 1 - application and preliminary site plan.
2.) A preliminary site plan shall be prepared and submitted with the application and appropriate fee.
(B) Step 2 - Planning Department and city review of the preliminary site plan.
1.) Upon determination that the application is complete, the Planning Department shall coordinate review of the preliminary site plan, including distribution to other city departments as appropriate.
2.) Within ten days of the application, the Planning Department shall advise the applicant of amendments, deficiencies or additional information necessary to prepare the final site plan.
3.) When an application proposes modifications to a structure known or believed to be older than 50 years, the Planning Department shall transmit a copy of the application to the Historic Preservation Commission. The Historic Preservation Commission shall, prior to the scheduled meeting of the DRB, advise the Planning Department of the historic status of the structure and of any issues which should be considered in the site plan review process.
(C) Step 3 - final site plan submission.
1.) Upon receiving comments from the Planning Department on the preliminary site plan, the applicant shall prepare a final site plan for review by the DRB.
2.) The Planning Department shall review the final site plan submission for completeness and shall advise the applicant of any deficiencies which may delay submittal to the PZC.
3.) The final site plan shall be submitted to the Planning Department a minimum of 15 days prior to the scheduled DRB meeting when the site plan requires DRB review or a minimum of 30 days prior to the PZC meeting where the final site plan shall be reviewed.
(D) Step 4 - DRB review and recommendation.
1.) For site plans that require DRB review, the Planning Department shall deliver the application to the DRB for review at its next scheduled meeting for which it meets the applicable submittal deadlines.
2.) Within 30 days of the DRB meeting at which the site plan is reviewed, the DRB shall review the application and submit a recommendation to the PZC. In making the decision, the DRB may make a favorable or unfavorable recommendation, with or without conditions, or table the review of the site plan. The DRB shall communicate its action to the PZC.
(E) Step 5 - Planning Department review and staff report.
1.) The Planning Department shall distribute the final site plan to appropriate administrative departments for review and comment. Such departments shall return written comments to the Planning Department a minimum of seven days prior to the PZC meeting at which the site plan will be reviewed.
2.) The Planning Department shall review the final site plan and make a recommendation to the PZC to approve, approve with conditions or deny the final site plan. The Planning Department may also recommend the continuance of the matter to allow for further review.
(F) Step 6 - PZC review and decision.
1.) The PZC shall hold a public meeting within 30 days of the filing of the final site plan where a recommendation from the DRB is not required or 45 days of the filing of the final site plan when a recommendation from the DRB is required.
2.) Within 60 days of the public meeting, the PZC shall either approve, approve with conditions, deny the approval or table the review of the final site plan.
3.) If the site plan is denied, the PZC shall make a finding, in writing, justifying the denial of the plan and provide a copy of the findings to the applicant.
4.) The PZC may attach conditions to the approval of a site plan as may be reasonably required to promote the public health, safety and welfare.
5.) The PZC shall not take action on a site plan application until it has received and considered the recommendations of the DRB (where applicable).
6.) Approval of the site plan shall be indicated by a letter from the Planning Department. The approved plan will be stamped “Approved.”
(5) Approval criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
(A) That the proposed development is consistent with all the requirements of this Code; and
(B) That the proposed development is in compliance with the applicable zoning districts.
(6) Time limit.
(A) Approval of a site plan shall expire six months from the date of approval, unless the applicant has received all applicable zoning permits.
(B) Upon written request, one extension of up to six months may be granted by the Planning Department if the applicant can show good cause.
(7) Design exceptions.
(A) Where, as a result of characteristics of a site or use, or due to the nature of surrounding development, it is impracticable to comply with one or more of the site plan review standards of § 157.137, the applicant may request approval of an alternative design that is equal to or exceeds the intent of the original standard.
(B) The written request shall be submitted to the Planning Director for transmittal to the DRB and PZC. The request shall state the conditions which result in the impracticability of compliance. The request shall be accompanied by additional information and illustrations necessary to support the request. The request shall describe or illustrate site improvements which will be constructed to mitigate the effects of granting the design exception or to otherwise ensure that the site plan meets the intent of this Code.
(C) The PZC may grant a design exception after review of the request. Findings and grounds for approval of a design exception shall be entered into the motion for approval of the site plan.
(8) Effect of approval. Approval shall constitute authorization to proceed with application for required zoning permits and construction in compliance with the approved site plan and in compliance with all other applicable regulations of this Code.
(9) Land disturbance permit required. A land disturbance permit, issued in accordance with § 157.053, shall be required prior to commencement of clearing and grading activities on the site. Clearing and grading activities shall not begin until the applicant has held a preconstruction meeting with either the city, or if required, the County Soil and Water Conservation District, and a plan for clearing and grading is approved. Such permit shall be based on a clearing and grading plan prepared and approved as part of the site plan review process.
(10) Amendments of an approved site plan. Amendments to an approved site plan shall be accomplished in the manner required for an original approval pursuant to division (4) of this section; provided, however, that minor technical changes and additions or alterations to accessory structures which do not substantially alter a previously approved site plan or that do not require a variance may be authorized by approval of the Planning Director.
(11) Qualifications required to prepare site plans. Site plans shall be prepared by persons professionally qualified to do such work and shall be certified by an architect, engineer, landscape architect or land surveyor duly registered by the state. Site plans for signs, fences, parking lots and loading facility additions, and minor structural additions or alterations, may be prepared by persons other than those stated above, except that the Planning and Zoning Commission shall not be required to review or take action upon plans which are not sufficient to clearly and completely document compliance with this chapter.
(Prior Code, § 1224.07) (Ord. 2009-21, passed 10-27-2009)