(a) Applicability. Except as otherwise provided herein or elsewhere in this Zoning Code, standard site plan and design review or major site plan and design review is required for all non-residential development in any district in accordance with the provisions contained herein. The Building and Zoning Inspector shall conduct standard site plan and design review and the Planning Commission shall conduct major site plan and design review, in each case, as provided below.
(b) Standard Site Plan and Design Review. Standard site plan and design review shall be required for any development, building addition, or site improvement, other than a fence or accessory structure under five thousand (5,000) square feet, that does not otherwise require major site plan and design review as described below.
(c) Standard Site Plan and Design Review-Application. An application for standard site plan and design plan review shall be submitted to the Building and Zoning Inspector and shall include the following information:
(1) A vicinity map showing the location of the proposed development in relationship to the surrounding area including major thoroughfares.
(2) A site plan illustrating the following:
i. The dimensions of property lines, parcel dimensions and adjoining rights-of-way.
ii. The names and addresses of all adjoining property within one hundred fifty feet (150 ft.) of the proposed development.
iii. The current zoning of the parcel and all adjacent parcels.
iv. The location of proposed buildings and structures.
v. The location of existing water bodies, streams, drainage ditches, stands of trees and other pertinent features within one hundred fifty feet (150) of the proposed development.
(3) A landscape plan that illustrates the applicable district requirements;
(4) A transportation and parking plan that addresses the applicable district requirements, including parking requirements;
(5) A lighting plan that addresses the applicable district requirements
(6) An architectural plan that addresses the applicable district design requirements; and
(7) Such other information as the Building and Zoning Inspector or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as may be required by the Building and Zoning Inspector or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the Village.
(d) Standard Site Plan and Design Review-Review and Approval or Denial. Any applicant requesting standard site plan and design review shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as the Building and Zoning Inspector may require. Within thirty (30) days of filing a complete application, the Building and Zoning Inspector shall act upon the application for standard site plan and design review based upon the applicable district regulations, and other applicable regulations, standards, and design guidelines of the Village. If the Building and Zoning Inspector determines that the proposed development complies with the applicable standards of the applicable districts, then, the Building and Zoning Inspector shall issue a zoning certificate. If the Building and Zoning Inspector determines that the proposed development does not comply with the applicable standards of the applicable district, then the Building and Zoning Inspector shall deny the application and state the reasons for such denial in writing.
(e) Major Site Plan and Design Review. Major site plan review shall be required for the following forms of development in any district:
(1) Any non-residential development, which involves more than five thousand (5000) square feet of structure or building;
(2) A development proposal which seeks to deviate from the district regulations applicable to the subject property, including but not limited to deviation from landscape requirements, lighting requirements and design elements;
(3) A development impacting or adjacent to an environmentally sensitive feature; or
(4) A development which in the professional opinion of the Building and Zoning Inspector, warrants public review.
(f) Major Site Plan and Design Review-Application. An application for major site plan and design review shall be submitted to the Building and Zoning Inspector and shall include the following information:
(1) All materials required for standard site plan and design review as set forth above;
(2) A basic utility plan;
(3) A plot-grade-utility plan shall be submitted to the City Manager for review and approval prior to issuance of a zoning certificate for any development that qualifies for site plan review. The City Manager shall have the power to require a plot-grade-utility plan for minor or residential site plans upon finding that the scale of the project's infrastructure warrants review by the Village. A plot-grade-utility plan shall only be approved subsequent to and in conformance with an approved site plan.
(4) Such other information as the Building and Zoning Inspector or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as may be required by the Building and Zoning Inspector or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the Village.
(g) Site Plan and Design Review-Conditions. In accordance with the site plan and design review procedures contained in this Section, the Building and Zoning Inspector or the Planning Commission, as applicable, may place such reasonable conditions on the approval of a site plan that may be required to address the standards for review set forth herein or are otherwise consistent with the purpose and intent of this Zoning Code.
(h) Approved Site Plan-Modifications. The City Manager or his or her designee, may approve such adjustments to an approved site plan as are required for engineering purposes such as proper function of utilities or to accommodate soil conditions. Such adjustments shall meet the following conditions:
(1) The adjustment is required in order to ensure the life-safety, proper function of the site utilities or building, or to comply with the regulations of a State or Federal agency;
(2) The adjustment is as de minimis as possible to correct the engineering issue;
(3) The adjustment does not increase the impervious surface on the subject property by more than one hundred (100) square feet as compared to the impervious surfaces contemplated on the approved site plan;
(4) The adjustment shall not be used to add any additional uses or tenants;
(5) The adjustment does not increase the number of curb cuts on a public street; and
(6) The adjustment does not violate any specific condition of the approved site plan.
(i) Approved Site Plan-Amendment. Any amendment to an approved site and design plan shall be considered by the applicable approving body based on the standards applicable to such amendment; provided however, any amendment that in the direction of the Building and Zoning Inspector constitutes a minor amendment may be reviewed and approved by the Building and Zoning Inspector even if such amendment pertains to a major site and design plan.
(j) Site Plan-Appeals. The BZA shall hear all appeals of individuals who are directly affected by a decision of the Planning Commission or Building and Zoning Inspector when such appeal is properly and timely filed as required by this Section. An applicant refused such certificate shall appeal in writing to the BZA within fifteen (15) days of the date of refusal by the applicable decision-making body. BZA shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request.
(Ord. 32-2020. Passed 1-19-21.)