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The following devices and locations shall be specifically prohibited:
(A) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.
(B) Except as authorized elsewhere in this chapter, signs encroaching upon or overhanging public right-of-way.
(C) Signs placed on, in or attached to, any utility pole, light standard, street tree, planter, trash can, or any other public facility located within the public right-of-way unless specifically authorized elsewhere in this chapter.
(D) Signs that blink, flash, or are animated by lighting in any fashion including signs that have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
(E) Portable signs except as allowed for temporary signs.
(F) Except as specifically permitted elsewhere in this chapter, no vehicle, or any type of trailer, which has attached thereto, or painted or placed thereon, any sign or advertising device displaying the name of any business, product or service located on the subject premises, nor any marked delivery vehicles owned by any business located on the subject premises, shall be parked on private property, in any commercial or industrial district, between the front line of the structures located thereon and the front property line, nor shall any such vehicles be parked on a public right-of-way, or on public property so as to be visible from a public right-of-way. Vehicles engaged in attended loading or unloading activities shall be exempt from this provision.
(1) Exception: The owner of any property where no other parking exists, except in front of the building, may utilize not more than 10%, but not less than one, of the existing spaces.
(G) Vehicles and trailers used primarily as static displays, advertising a product or service, used as storage, shelter, or distribution points for commercial products, or services for the public.
(H) Bulbs or strings of lights, except where permitted or required as part of a permitted outdoor sales area or for temporary holiday display, other lighting devices, streamers, hot and cold air balloon(s) or inflatable devices, structures, or propeller(s).
(I) Under canopy signs.
(J) Roof signs.
(K) Abandoned signs.
(L) Any sign that projects more than 18 inches from the building wall.
(M) Permanently affixed incandescent, LED, neon or other forms of strip lighting on the exterior of any building, or on interior windows facing the street.
(N) Animated signs.
(O) Roof signs.
(P) Bench signs, to prevent, reduce or eliminate blight in the city caused by such signs which often protrude into the city's right-of-way and are not maintained on a regular basis.
(Q) Off-premises signs, except as may be specifically permitted elsewhere in this chapter.
(R) Searchlights, except as may be specifically permitted elsewhere in this chapter.
(S) Any other signs not specifically permitted by this chapter.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Ord. passed 8-24-2021)
SITE PLAN REVIEW REQUIREMENTS AND PROCEDURES
(A) Scope.
(1) In every zoning district, no building or structure shall be demolished or razed, except for dangerous or condemned buildings, erected, converted to other use, or structurally altered, except as may be otherwise provided in this chapter, until Common Council has reviewed and approved a site plan for such use. Each action taken with respect to site plan review and approval shall be duly recorded in the minutes of Common Council. One and two-family residential structures shall be exempted from the application of the provisions of this section.
(2) The Building Code Official or their designee may administratively approve applications to modify previously approved site plans, or site plans which renovate, expand or convert the use of buildings or site improvements which legally existed prior to the adoption of this section, which meet all of the following standards:
(a) The modification would comply with all other requirements of this chapter and other applicable regulations;
(b) The modification would comply with all previously imposed conditions of approval, if any;
(c) The modification would not otherwise increase the overall scale or intensity of the use in a way that would have a material adverse effect on adjacent properties, natural features, public streets or public services;
(d) The modification would not increase by more than 20% any or all of the following characteristics of the property: the total floor area of building(s); the total residential occupancy; or the total number of parking spaces provided;
(e) The modification would not decrease by more than 10% any of the principal building setbacks from the perimeter of the property; and
(f) The modification would not materially alter more than 20% of the architectural style, façade materials to be used, or other architectural features and adornments of the street front façade wall area in any way other than in compliance with the requirements of the zoning ordinance.
(B) Purpose. The purpose of site plan review is to provide flexibility in the placement and interrelationship of the buildings and uses within each building site subject to plan approval, and to provide for the implementation of design concepts while at the same time maintaining the overall intensity of land use, density of population, and amounts of light, air, access and landscaped open space as required in this chapter. The objectives of site plan review are to:
(1) Discourage monotonous, drab, unsightly, dreary and inharmonious developments, and poor quality;
(2) Conserve the city's natural beauty and visual character and charm by ensuring that structures, signs, and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearance of structures, signs, and other improvements;
(3) Stabilize and improve property values and prevent blighted areas;
(4) Foster civic pride and community spirit so as to improve the quality and quantity of citizen participation in local government and in community growth, change and improvement;
(5) Sustain the comfort, health, tranquility, and contentment of residents and attract new residents by reason of the city's favorable environment; and
(6) Provide for consultation and cooperation between the developer and the Commission so that both parties might realize maximum utilization of land and minimum adverse effects upon the surrounding area.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Ord. passed 8-24-2021; Am. Ord. —, passed 12-12-2023)
(A) Scope. The city has established a two-tier site plan review process: preliminary site plan review and final site plan review. This process has been established so that an applicant can receive city comments on the general conformity of a proposed site plan to city requirements before preparing a complete package of engineering, drawings, landscape plans, construction details, etc. Questions regarding this process may be directed to Building Code Official or Common Council.
(B) Preliminary site plan review.
(1) Scope. A site plan submitted to the city for preliminary site plan review shall contain all of the information set forth in the preliminary site plan data checklist included in this section. Adequate engineering data to establish engineering feasibility of utilities proposed is required, however, detailed engineering plans and detailed landscaping plans are optional at this stage in the process.
(2) Fees. A fee as determined from time to time by resolution of the Common Council shall accompany any application for site plan approval, preliminary or final. Such fee may be utilized by the city to determine if the development shall conform to the applicable city ordinances, policies and standards, and for investigation and report of any objectionable elements.
(3) Initiating the process.
(a) To initiate the preliminary site plan review process, the applicant shall submit the following information to the Building Code Official 15 days prior to the next regularly scheduled Common Council meeting:
1. Two copies (please fold) of the site plan and one digital copy;
2. Two copies of the site plan application form;
3. Two copies of the completed site plan data checklist; and
4. Payment of all applicable fees.
(b) Completed application packets shall be distributed by the Building Code Official to the Common Council and other appropriate a departments and agencies.
(4) City Council approval, conditional approval, or denial of preliminary site plan. Common Council shall grant approval, conditional approval, or deny approval, of the preliminary site plan within 65 days of receipt of site plan.
(a) Approval. Upon determination by the Common Council that a preliminary site plan is in compliance with the Zoning Ordinance, as amended, and other applicable standards and requirements, preliminary site plan approval shall be granted and such approval shall be indicated on the plan. The applicant may then proceed to the final site plan review process described below.
(b) Conditional approval. Upon determination of the Common Council that a plan is in compliance except for minor required revisions, preliminary site plan approval, conditional upon such revisions being made, shall be granted and that the required changes shall be stated in writing. The applicant may then proceed to the final site plan review process described below, provided that the required changes are incorporated in the final site plan.
(c) Denial. If extensive revisions to the preliminary site plan are necessary to meet applicable standards and requirements, preliminary site plan approval shall be denied and the applicant requested to provide an alternative site plan. In this case, "DENIED" shall be written on the plan and the reasons for denial indicated in writing. If the applicant desires to prepare an alternative plan, the same procedures as outlined above beginning with submittal to the Building Code Official shall be followed.
(5) Failure of applicant to appear. The applicant or his or her representative(s) shall attend all meetings at which the development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting.
(C) Final site plan review.
(1) Fees. A fee as determined from time to time by resolution of the Common Council shall accompany any application for site plan approval, preliminary or final. Such fee may be utilized by the city to determine if the development shall conform to the applicable city ordinances, policies and standards, and for investigation and report of any objectionable elements.
(2) Initiating the process. Within six months of the granting of preliminary site plan approval, the applicant may initiate the final site plan review process by submitting the following information to the Building Code Official 15 days prior to the next regularly scheduled Common Council meeting:
(a) Two copies (please fold) of the site plan and one digital copy;
(b) Two copies of the site plan application form;
(c) Two copies of the completed site plan data checklist; and
(d) Payment of all applicable fees.
(3) Public hearing. Upon receipt and review of a final site plan, the Common Council shall establish a public hearing thereon in any of the following events:
(a) When at least three members of the Common Council deem it necessary;
(b) When requested by the applicant seeking site plan review and approval; or
(c) When the Common Council receives a petition signed by 20% of the property taxpayers, within 300 feet.
(4) Review process. After submission of a complete final site plan review package pursuant to the requirements listed above, and within 60 days after completion of review and recommendation by the Building Code Official and other departments and agencies, the application shall be placed on regular agenda of a meeting of the City Council to consider final site plan approval. The applicant shall be notified of the date, time, and place of the meeting at which the Common Council shall consider the application. The Common Council shall consider all review letters and reports from the Building Code Official and other departments and agencies, together with statements, evidence, or arguments as the applicant may present concerning the application. The Common Council shall determine whether the site plan is in compliance with the Zoning Ordinance and all applicable standards and requirements, and shall make a decision to grant, conditionally grant, or deny final site plan approval.
(5) Failure of applicant to appear. The applicant or his or her representative(s) shall attend all meetings at which the development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting.
(6) Expiration of site plan approval. The approval of any preliminary site plan under the provisions of this chapter shall expire and be considered revoked six months after the date of such approval unless final site plan approval has been granted or is in an active stage of review. Approval of any final site plan under the provisions of this chapter shall expire and be considered revoked one year after the date of such approval unless actual construction has commenced in accordance with the issuance of a valid building permit. Upon expiration of a final site plan approval, all preliminary site plan approvals shall expire.
(7) Outside agency approval required. Final site plan approval shall not be granted until all approvals have been obtained from outside agencies.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Ord. —, passed 3-8-2022)
(A) General. In reviewing site plans, the Building Code Official and Common Council shall consider and endeavor to assure the following:
(1) The location of development features, including principal buildings, and open spaces, and the location, design, width, and adequacy of all curb cuts, parking areas, driveways, and sidewalks within the site and their relationship to nearby connecting streets and sidewalks providing access to and egress from the site, are such as to minimize possible adverse effects on adjacent properties and so as to relate properly to pedestrian vehicular traffic safety;
(2) On-site circulation of both vehicular and pedestrian traffic shall achieve both safety and convenience of persons and vehicles using or visiting the site;
(3) Landscaping, earth berms, fencing, signs, and obscuring walls are of such a such a design and location that the proposed development is aesthetically pleasing and is harmonious with nearby existing or future developments;
(4) Utility service, including proposed water, sanitary sewer, and stormwater runoff systems are sufficient to fulfill the projected needs of the development and the recommendation of the City Engineer and the Director of Public Safety. Approval by a state or county department having jurisdiction may also be a prerequisite to approval;
(5) Notwithstanding any other provision of this chapter, the city may require as a condition of final site plan approval, landscaping, berming, fencing, construction of walls, marginal access drives or other appurtenances as necessary or desirable to promote the health, safety, and welfare of the community, to provide adequate protection to surrounding properties, to preserve and promote the character of the district and to achieve a lasting and desirable improvement to the community.
(B) Preliminary and final site plan application form contents. The following information shall be included on all preliminary and final site plan application forms:
(1) Applicant's name, address, and phone number;
(2) Name of proposed development;
(3) Common description of property and complete legal description;
(4) Land acreage and frontage on public roads or rights-of-way;
(5) Existing zoning and zoning of adjacent properties;
(6) Detailed description of the proposed use of the land;
(7) Name, address, and phone number of the firm or individual who prepared the site plan and legal owner of the property; and
(8) Signature of applicant and legal owner of the property, if not the applicant.
(C) Preliminary site plan data required. The following information shall be included on all preliminary site plans submitted for consideration:
(1) Name of development and title block;
(2) Location map at a scale of one inch equals 2,000 feet, showing section number(s), site location, major roads, and railroads;
(3) A scale of not less than one inch equals 50 feet if the subject property is less than three acres, and one inch equals 100 feet if there are three acres or more;
(4) Date, north point, and scale (graphic and written);
(5) Property identification number(s) and the dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties;
(6) Location of all existing and proposed structures, uses, number of stories, gross building area, setback lines, distances between structures, and location of loading areas on the subject property;
(7) Location of all existing structures within 100 feet of the subject property lines;
(8) All existing and proposed aisles, drives, pedestrian paths, roadways, parking areas, and number of parking spaces on the subject property lines;
(9) All existing and proposed roadways, drives, parking areas, and pedestrian paths within 100 feet of the subject property;
(10) Location and height of all walls, fences, and screen planting, including a plan for landscaping of the development and the method by which landscaping is to be accomplished and maintained;
(11) Location and width of all abutting streets, rights-of-way, easements, and pavements;
(12) Types of surfacing, such as asphalt or concrete paving, turfing, sod, or stone to be used;
(13) Types of facing materials to be used on structures;
(14) Elevations (front, sides and rear views) of all sides of the building(s);
(15) A floor plan drawing showing the specific use areas of all existing and proposed building on-site;
(16) Seal of registered architect, landscape architect, land surveyor, or, civil engineer that prepared the plan. In cases of minor structural alterations where professional services are not required, additions of 300 square feet or less, or for changes in the use of existing buildings, the Building Code Official may waive this requirement; density calculations (for multiple family projects);
(17) Principal and accessory buildings;
(18) Designation of units by type of buildings;
(19) Interior walks and pedestrian or bicycle paths within the right-of-way;
(20) Exterior lighting locations, type of fixtures, and methods of shielding them from projecting onto adjoining properties;
(21) Trash receptacle and transformer locations and method of screening;
(22) Drive or street approaches including acceleration, deceleration, and passing lanes where appropriate;
(23) All utilities located on or serving the site, including sizes of water and sewer lines;
(24) Loading and unloading areas;
(25) Designation of fire lanes;
(26) Estimated number of full-time and part-time employees;
(27) Address location an building and size of numbers;
(28) Where large equipment or machinery is to be installed as part of the development, the location, type, horse-power, fuel, dimensions, noise, vibration, and emission levels and other data of all such equipment or machinery;
(29) General location and types of proposed signs for all buildings and uses on site; and
(30) Such other reasonable and relevant information as may be required by the city to assist in the review of the proposed development.
(D) Final site plan data required. In addition to the preliminary site plan data specified above, the following minimum information shall be added for final site plan review and approval:
(1) Site engineer plans prepared by a registered civil engineer. Such plans shall be submitted to the Building Code Official for review and recommendation prior to Common Council consideration of final site plan approval. Plans shall include the following:
(a) A proposed grading and drainage plan. The plan shall show proposed finished floor elevations, finished grades at structures, proposed storm collection system (including bioswales or other green infrastructure such as rain gardens, permeable pavement, and green roofs), storm outlet(s), ultimate downstream outlets and, when required retention/detention basin design calculations. Any areas of filled or reclaimed land shall be identified and all development shall detain stormwater so that the runoff from the property does not negatively impact upon adjacent properties or public and private rights-of-way;
(b) All utilities located on or serving the site, including sizes of water and sewer lines, proposed hydrants, proposed meter size, and proposed fire suppression line into building. Proposed sanitary leads, disposal systems shall also be shown, as applicable;
(c) Proposed streets and drives showing type of surfacing, whether public or private, and grade elevations.
(2) Proposed fire lanes and fire lane signs;
(3) Proposed signs and specifications for control of traffic;
(4) Seal and signature of registered design professional responsible for preparation of the plans;
(5) Measures to be taken to protect existing on-site trees not proposed for removal as part of the development;
(6) Landscaping plan showing species, spacing, and size of each tree and plant material and ground cover; and
(7) Proposed signs for all buildings and uses on site, including character, size, letters, symbols, and lighting.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
An applicant may, at the applicant's discretion and risk, with approval of the Common Council combine a preliminary and final site plan in an application for approval. The Common Council shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity or size of the proposed development so warrants. A preliminary and final site plan shall not be combined for any development consisting of two or more phases.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
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