(a) Purpose and Intent. The purpose of site plan review is to promote the stability of land values and investments and the general welfare by ensuring the orderly development and redevelopment of the City in compliance with this Zoning Code, and consistent with the character of the City and with the goals and design guidelines in the Master Plan.
(b) Applicability and Authority.
(1) Site Plan Required. A site plan as described in section 1296.01
(d) is required prior to any of the following activities:
A. The erection of any building or structure in any zoning district for any principal permitted use in the City.
B. Any land use requiring special approval, conditional rezoning, or planned unit development, other than one single-family residence and accessory buildings and structures thereto, subject to the procedures set forth in this section unless otherwise provided in paragraph (b)(2) hereof.
C. Establishment of any regulated use unless expressly exempted in this Article.
D. Development of non-residential uses in a residential zoning district.
E. Any development that would, if approved, provide for the establishment of more than one (1) principal use on a parcel, such as, a single-family site condominium or similar project where a single parcel is developed to include two (2) or more sites for detached single- family dwellings, excluding accessory dwelling units.
F. The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a residential use.
G. Any use or construction for which submission of a site plan is required by any provision of these regulations.
(2) Site Plan Not Required. Site plan approval is not required for the following activities; instead, a sketch plan as described in section 1296.01
(d) may be required.
A. A change in the ownership of land or a structure.
B. Site or building improvements which increase or maintain conformity with the Zoning Code.
C. A change in the use of a structure to a use allowed by right in the zoning district in which it is located, and which is deemed similar to the previous use by the Building Superintendent or designee, provided that no modification to the site is proposed or required by the standards of this Ordinance and that the site maintains full and continuing compliance with this regulations.
D. Constructing, moving, relocating, or structurally altering a principal residential structure, including any customarily incidental accessory structures and also including excavating, filling, or otherwise removing soil where such activity is normally and customarily incidental.
E. Permitted home occupations.
(3) Approval Authority.
A. Administrative. The Building Official or designee shall have the authority to approve all sketch plans. The Building Official or designee shall also have the authority to approve site plans meeting the criteria in this section. Nothing in this section shall be construed to prevent the consideration of a proposal by the Planning Commission.
1. The use is permitted by right in the established zoning district;
2. The proposal conforms to all requirements and specifications of this ordinance and does not require waivers or other consideration reserved to the Planning Commission or other authority; and
3. The proposal will result in an increase in floor area of less than 1,000 square feet or 5% of the existing floor area, whichever is less.
B. Planning Commission. The Planning Commission shall have the authority to approval all proposals for development permitted by right and by Special Land Use approval. For all proposals for Conditional Rezoning and Planned Unit Development, the Planning Commission shall make a recommendation as to approval to City Council.
C. City Council. City Council shall have the authority to approve Planned Unit Developments in accordance with Chapter 1288 and to Conditional Rezonings in accordance with Chapter 1289.
(4) Approval Table. The following table summarizes types of uses and the type of review each requires
Type of Use | Type of Submittal | Approval Authority |
Type of Use | Type of Submittal | Approval Authority |
1. Single-Family Detached Dwellings | Sketch Plan | Administrative |
2. Single-Family Attached Dwellings, Two-Family Dwellings | Site Plan | Administrative |
3. Multiple-Family Dwelling Units | Site Plan | |
4. Principal Non-Residential Uses in New Structures | Site Plan | Planning Commission |
5. Change of Use - permitted uses within district | Site Plan | |
6. Multiple Principal Uses | Site Plan | Planning Commission |
7. Non-Residential Uses in Residential Districts | Site Plan | Planning Commission |
8. Expansion of an existing use, other than single- and two-family dwellings | Site Plan | Administrative or Planning Commission, per 1296.01(3)(a) |
9. Accessory Structures for Residential Buildings | Sketch Plan | Administrative |
10. Accessory Structures for Non-Residential Buildings | Site Plan | Planning Commission |
11. Parking Lots - repairing, resurfacing, restriping, curbing | Sketch Plan | Administrative |
12. Parking Lots - reconstructing | Site Plan | Planning Commission |
13. Site and Building Improvements | Sketch Plan | Administrative |
14. Special Land Uses | Conceptual Plan, Site Plan | Planning Commission |
15. Planned Unit Developments | Conceptual Plan, Site Plan, PUD Agreement | Planning Commission, City Council |
16. Conditional Rezoning | Site Plan, CR Agreement | Planning Commission, City Council |
(c) Standards for Site Plan Approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved.
(1) Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.
(2) Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this section.
(3) Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.
(4) Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the Schedule of Regulations (Section 1294.32
), except as provided elsewhere in this section.
A. Site condominiums.
1. In the case of site condominiums, these regulations shall be applied by requiring the site condominium unit and a surrounding limited common element to be equal in size to the minimum lot size and lot width requirements for the district in which the project is located. The site condominium unit shall be equivalent to the area of the lot where a principal building can be constructed and there shall be a limited common element associated with each site condominium unit which shall be at lease equivalent to the minimum yard area requirements.
2. In addition, site condominium projects shall comply with the applicable design standards which have been developed for similar types of development in the City, as described in the City Subdivision Ordinance, the City Engineering Design Specifications, and other applicable ordinances and regulations, including requirements for streets, blocks, lots, utilities, and storm drainage. These requirements and specifications are hereby incorporated and are made a part of this section by reference.
B. Detached condominiums.
1. In the case of detached condominiums, these regulations shall be applied by requiring that the detached condominium units comply with the requirements governing minimum distance between buildings, attachment of buildings, and other applicable requirements for the district in which the project is located. Furthermore, proposed detached condominium projects shall not exceed the maximum permitted density for the district in which the project is located.
2. In addition, site condominium projects shall comply with the applicable design standards which have been developed for similar types of development in the City, as described in the City Subdivision Ordinance, the City Engineering Design Specifications, and other applicable ordinances and regulations, including requirements for streets, blocks, lots, utilities, and storm drainage. These requirements and specifications are hereby incorporated and are made a part of this section by reference.
C. Condominium document review and approval.
1. The Planning Commission shall review the final condominium documents to determine compliance with site plan approval and City and State of Michigan condominium development requirements. The Planning Commission shall approve or deny the request for final approval of the condominium documents. Condominium documents include the Condominium Subdivision Plan (Exhibit B drawing), Master Deed and Bylaws.
2. An application for condominium document review must be submitted to the Building Superintendent according to the requirements of paragraph (c)(3) and (4) hereof, as applicable, within one year after the date of approval of the condominium site plan by the Planning Commission, or such approval shall be deemed null and void, unless an extension subject to the requirements of paragraph (e)(6)C. hereof is granted.
3. No installation or construction of any improvements or land balancing or grading shall be made or begun until the final condominium documents have been approved. No removal of trees and/or other vegetation shall be started at this time except for minor clearing required for surveying and staking purposes.
(5) Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and uses.
(6) Emergency Vehicle Access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
(7) Circulation. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system. The arrangement of public and common ways for vehicular and pedestrian access shall respect the pattern of existing or planned streets and pedestrian ways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry.
(8) Barrier-free access. The site shall be designed to provide barrier-free parking and pedestrian circulation.
(9) Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by this Zoning Code. Where warranted by overlapping or shared parking arrangements, the Planning Commission may reduce the required number of parking spaces, as provided in this Zoning Code.
(10) Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complement the natural drainage patterns and wetlands, and which prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/ retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.
(11) Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current State (MDNR) Standards and City Code of Ordinances.
(12) Building design. The building design shall relate to the surrounding environment with regard to texture, scale, mass, proportion, and color. High standards of construction and quality materials shall be incorporated into the new development. In addition to following design guidelines adopted in specific district or sub-area plans, the building design shall meet the requirements of Section 1296.04, Standards for Architecture and Building Materials.
(13) Exterior lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.
(14) Signs. The development meets all standards in the City's Sign Code.
(15) Public Services. Adequate services and utilities, including water, sewage disposal, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.
(16) Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.
(17) Landscaping and open space. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Zoning Code. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers, greenbelts, fencing, walls, and other protective barriers shall be provided and designed in accordance with the provisions of Section 1296.03
, Landscaping Standards. Recreation and open space areas shall be provided in all multiple-family residential and educational developments.
(18) Danger from Fire and Hazards. The level of vulnerability to injury or loss from incidents involving fire and hazardous materials or processes shall not exceed the capability of the City to respond to such incidents so as to prevent injury and loss of life and property. In making such an evaluation, the City shall consider the location, type, characteristic, quantities, and use of materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the City. Sites that include significant storage of flammable or hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the ground, groundwater, and public sewer system. For businesses utilizing, storing, or handling hazardous material such as automobile service and automobile repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.
(19) Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke, and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and, tox and hazardous materials.
(20) Phases. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient, and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.
(21) Relationship to adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be review with regard to any common relationship with adjacent properties.
(22) Other agency reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the Michigan Department of Natural Resources, Michigan Department of Environmental Quality, Michigan Department of Transportation, Wayne County Drain Commission, Wayne County Health Department, and other federal and state agencies, as applicable.
(d) Application Requirements.
(1) Site Plan Review. An application for site plan review, supplied by the Building Department, shall be submitted to the Building Superintendent with the required items presented in the table below. Required items shall be demonstrated on the site plan drawings, written narrative/submitted documentation, or both as indicated in the table. All site plan drawings shall be submitted on sheets twenty-four (24) by thirty-six (36) inches and in digital PDF format.
(2) Conceptual Plan Review. Where a Conceptual Plan Review is included as a part of the Site Plan Review procedure, either as required by ordinance or requested by the applicant, the application for site plan review and required fees shall be submitted to the Building Superintendent with the required items presented in the table below. All site plan drawings shall be submitted on sheets twenty-four (24) by thirty-six (36) inches and in digital PDF format.
(3) Sketch Plan Review. Where a conceptual plan or sketch plan is required by the procedures described in 1296.01
(e), such required items are also described and shall include narrative/documentation. The applicant shall submit one (1) copy of the final sketch plan, reduced in size to eight and one-half (8 ½) by fourteen (14) inches.
SITE PLAN APPLICATION REQUIREMENTS
| |||||
Item | Description | Sketch Plan | Conceptual Plan | Site Plan | Narrative |
SITE PLAN APPLICATION REQUIREMENTS
| |||||
Item | Description | Sketch Plan | Conceptual Plan | Site Plan | Narrative |
Descriptive and Identification Data | |||||
1 | Applicant's name, address, and telephone number. | X | X | X | All |
2 | The name of the development. | X | X | X | All |
3 | The date(s) (submission and revisions), north point, and scale. | X | X | X | |
Scale shall be as follows: < 1 acre: One (1) inch = twenty (20) feet > 1 acre and < 3 acres: One (1) inch = thirty (30) feet > 3 acres: One(1) inch = fifty (50) feet | X | ||||
4 | A small location sketch of sufficient size and scale (within a one-quarter mile is suggested) showing the location of the area in relation to surrounding properties, streets, freeways, schools, school sites, and other significant features of the city, where appropriate. | X | X | X | |
5 | Legal and common description of property. | X | X | X | |
6 | The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding. | X | X | X | |
7 | Size of property in net acreage (minus rights-of-way), total acreage (to the nearest one-tenth acre), and square feet. | X | X | X | |
8 | Proximity to driveways serving adjacent parcels and all abutting parcels. | X | |||
9 | Zoning classification of applicant's parcel and all abutting parcels. | X | X | X | |
10 | A schedule for completing the project, including the phasing or timing of all proposed developments. | Sketch Site | |||
11 | Written description of proposed land use. | All | |||
12 | Notation of any variances which have or must be secured. | All | |||
13 | Identification and seal of architect, engineer, land surveyor, or landscape architect who prepared the plan. | X | X | X | |
14 | Current proof of ownership of the land to be utilized or evidence of a contractual arrangement to acquire such land. | All | |||
Site Data | |||||
15 | Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site. | X | X | X | |
16 | Front, side, and rear setback dimensions. | X | X | X | |
17 | Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a U.S.G.S. benchmark. | X | |||
18 | Proposed site plan features, including buildings, roadway widths and names, and parking areas. | X | X | X | |
19 | Dimensions and centerlines of roads and road rights-of-way. | X | |||
20 | Acceleration, deceleration, and passing lanes, where required. | X | |||
21 | Proposed location of driveway entrances and on-site driveways. | X | |||
22 | Typical cross-section of proposed roads and driveways. | X | |||
23 | Location of existing drainage courses, floodplains, lakes, and streams, with elevations. | X | X | ||
24 | Location and dimensions of wetland areas. If deemed necessary because of site or soil conditions or because of the scope of the project, a detailed hydrology study may be required. | X | X | ||
25 | Location of sidewalks within the site and within the right-of-way. | X | X | ||
26 | Exterior lighting locations and method of shielding lights from shining off the site. | X | |||
27 | Trash receptacle locations and method of screening, if applicable. Waste Management Plan that includes trash receptacle locations and method of screening, if applicable. Trash receptacles and dumpsters must conform to the screening standards outlined in 1296.03(g), and all trash receptacles and dumpsters must conform to the standards and requirements outlined in 1294.41. | X | |||
28 | Parking spaces, typical dimensions of spaces, indication of total number of spaces (including information needed to calculate required parking in accordance with Zoning Code standards), drives, and method of surfacing. | X | |||
29 | General landscape plan showing the location and type of lawn/groundcover, landscaped areas, trees, and other live plant material. | X | X | ||
30 | Detailed landscape plan showing (1) the location of lawns and landscaped areas; (2) the location, size, type, and quantity of proposed shrubs, trees, and other live plant material; (3) the location, size, and type of existing trees five inches or greater in diameter, measured at one foot of the ground, before and after proposed development; and (4) cross section of proposed berms. | X | |||
31 | Location and description of all easements for public right-of-way, utilities, access, shared access, and drainage. | X | X | ||
32 | Designation of fire lanes. | X | |||
33 | Loading/unloading area. | X | |||
34 | The location of any outdoor storage of materials and method of screening. | X | |||
Building and Structure Details | |||||
35 | Location, height, and outside dimensions of all proposed buildings or structures. | X | |||
36 | Indication of the number of stores and number of commercial or office units contained in the building. | X | X | All | |
37 | Building floor plans, including total floor area. | X | |||
38 | Location, size, height, and lighting of all proposed signs. | X | |||
39 | Proposed fences and walls, including typical cross-section and height above the ground on both sides. | X | |||
40 | Building facade elevations (scale: One (1) inch= four (4) feet). Elevations shall indicate type of building materials, roof design, projections, canopies, awnings and overhangs, screen walls and accessory building, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers, including the method of screening such equipment. Such equipment shall be screened from view of adjacent properties and public rights-of-way. Such screening shall be designed to be perceived as an integral part of the building design. | Only where facade changes are propose d | X | ||
Information Concerning Utilities, Drainage, and Related Issues | |||||
41 | Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to service the site; and, the location of gas, electric, and telephone lines. | X | X | ||
42 | Location of exterior drains, dry wells, catch basins, retention/detention areas, sumps and other facilities designed to collect, store, or transport stormwater or wastewater. The point of discharge for all drains and pipes should be specified on the site plan. | X | X | ||
43 | Indication of site grading and drainage patterns. | X | X | ||
44 | Information required for permission to commence any type of development within a flood hazard area: • The elevation in relation to mean sea level of the floor, including basement, of all structures. • A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. • Proof of development permission from appropriate local, state, and federal agencies as required by this Zoning Code, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Energy, Great Lakes, and the Environment under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, the Flood Plain Regulatory Authority. • Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Subdivision Control Act, or greater than five acres in size. | All | |||
45 | Soil erosion and sedimentation control measures. | X | Site | ||
46 | Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots. | X | |||
47 | Listing of types and quantities of hazardous substances and polluting materials which will be used or stored onsite at the facility in quantities greater than twenty-five gallons per month. | All | |||
48 | Areas to be used for the storage, use, loading/unloading, recycling, or disposal of hazardous substances and polluting materials, including interior and exterior areas and underground storage tank locations. | X | |||
49 | Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of site cleanup. | X | |||
Information Concerning Residential Development | |||||
50 | The number, type, and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.) and density calculations by type of residential unit (dwelling units per acre). | X | X | All | |
51 | Lot coverage calculations. | X | |||
52 | Floor plans of typical buildings with square feet of floor area. | X | |||
53 | Garage and carport locations and details, if proposed. | X | |||
54 | Pedestrian circulation system. | X | X | ||
55 | Location and names of roads and internal drives with an indication of how the proposed circulation system will connect with the existing adjacent roads. The plan should indicate whether proposed roads are intended to be private or dedicated to the public. | X | |||
56 | Community building location, dimensions, floor plans, and facade elevations, if applicable. | X | |||
57 | Swimming pool fencing detail, including height and type of fence, if applicable. | X | |||
58 | Location and size of recreation open areas, including an indication of type of recreation facilities proposed. | X | |||
Information Concerning Mobile Home Parks | |||||
59 | Location and number of pads for mobile homes. | X | |||
60 | Distance between mobile homes. | X | |||
61 | Proposed placement of mobile home on each lot. | X | |||
62 | Average and range of size of mobile home lots. | X | |||
63 | Density calculations (dwelling units per acre). | X | |||
64 | Lot coverage calculations. | X | |||
65 | Garage and carport locations | X | |||
66 | Pedestrian circulation system. | X | |||
67 | Location and names of roads and internal drives. | X | |||
68 | Community building location, dimensions, floor plans, and facade elevations, if applicable. | X | |||
69 | Swimming pool fencing detail, including height and type of fence, if applicable. | X | |||
70 | Location and size of recreation open areas, including an indication of type of recreation facilities proposed. | X | |||
Information Concerning Condominium Development | |||||
71 | Condominium documents, including the proposed master deed, restrictive covenants, and condominium bylaws. | X | |||
72 | Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau. | X | |||
(Res. 2020-319A. Passed 10-19-20, Eff. 11-4-20.)
(4) Items not applicable. If any of the items in the above-listed table are not applicable to a particular site, the following information shall be provided on the site plan:
A. A list of each item considered not applicable.
B. The reason(s) why each listed item is not considered applicable.
(5) The Planning Commission, Building Superintendent, or other party authorized by the City may request any additional information it deems necessary in the review of the submitted site plan.
(e) Site Plan Application Review Procedures.
(1) Pre-Application Meeting. In order to facilitate processing of a site plan in a timely manner, the City provides opportunities for potential applicants to meet with and discuss development/redevelopment proposals with City officials and staff, which may include but is not limited to the Building Superintendent, City Planner, and City Engineer, for the purposes of obtaining information and guidance in the preparation of the required site plan and application materials. The applicant may, but is not required to, present drawings or site plans at a pre-application meeting, and no formal action shall be taken on a site plan submitted for pre-application meetings. The City Planner's and City Engineer's fees for any such pre-application conference shall be paid by the applicant.
A. Optional. Any applicant may request a pre-application meeting to discuss land use proposals and site characteristics.
B. Recommended. A pre-application meeting is strongly recommended for all proposed developments within the Downtown Development Authority (DDA) District and all Special Land Use applications.
C. Required. A pre-application meeting is required for Planned Unit Development proposals.
(2) Conceptual Review by Planning Commission.
A. The Planning Commission will offer comments on a conceptual plan as described in 1296.01(d), showing site arrangement, context, density, landscaping, circulation, drainage, and utilities.
B. Conceptual site plan review is required for all special land use, planned unit development, condominium, and conditional rezoning projects.
C. An applicant may file a written request for conceptual review in conjunction with any project requiring site plan review.
D. Conceptual review fees shall be paid according to the fee schedule established by City Council.
E. No formal action shall be taken on a site plan submitted for conceptual review, and neither the applicant nor the Planning Commission shall be bound by any comments or suggestions made during the course of the conceptual review.
(3) Completeness Review. All required application materials shall be presented to the Building Superintendent's office by the property owner or their designated agent at least thirty (30) days prior to the Planning Commission meeting where the site plan will be considered. The Building Superintendent or designee shall review the application for completeness in order to determine if the application has been properly submitted and the applicant has corrected all deficiencies. Completeness reviews are solely for the purpose of determining whether the preliminary information required for submission of the application is sufficient to allow further processing, and shall not constitute a decision as to whether an application complies with the provisions of this Zoning Code.
(4) Technical Review.
A. Upon confirmation from the City Planner, City Engineer, City Attorney and other consultants and staff that the site plan substantially meets the requirements of this chapter, an additional ten copies of the site plan shall be submitted to the Building Department. The Commission may prepare forms and require the use of such forms in site plan preparation. A separate escrow deposit may be required for administrative charges to review the site plan submittal.
B. Upon submission of all required application materials, the site plan proposal shall be distributed, at the option of the Building Superintendent, to the City Planner, City Engineer, City Attorney and other City consultants and staff for review. For site plans determined not to be in substantial compliance, the applicant may be required to complete revisions and re-submit the plans for further review prior to final action.
C. Technical review shall result in a report submitted to the Planning Commission with the site plan review application. Once the technical review is complete, the application will be placed on the next regularly scheduled Planning Commission meeting. All required revisions must be completed prior to the site plan being placed on the Planning Commission agenda for review.
(5) Administrative Review. The Building Superintendent or his or her designee may review and make a decision on a qualifying site plan review application that meets the standards of 1296.01
(d).
(6) Planning Commission Review.
A. All applications for Site Plan Review except those eligible for Administrative Review shall be considered by the Planning Commission. Planning Commission review shall be required for all Special Land Use, Conditional Rezoning, and Planned Unit Development proposals. For Conditional Rezoning and Planned Unit Development proposals, the Planning Commission shall provide a recommendation to the City Council.
B. Public Hearing. A public hearing conducted by the Planning Commission is required for all site plans involving uses that are subject to special land use approval, applications for conditional rezoning, and planned unit developments. After payment of appropriate fees, the Building Superintendent or designee shall set the date of the public hearing.
(7) City Council Review. Applications for Planned Unit Development and Conditional Rezoning which are recommended for approval by the Planning Commission shall be reviewed by City Council in accordance with the procedures set forth in Chapters 1288 and 1289 of this Zoning Code, respectively.
(f) Site Plan Application Determinations. The Building Superintendent Planning Commission, or City Council shall review the application and make a determination to approve the application, require any conditions it may find necessary, deny the application, or table the application.
(1) Approval. Upon determination that a site plan is in compliance with the standards and requirements of this Section and other applicable ordinances and laws, approval shall be granted.
(2) Conditional Approval. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances or obtain approvals from other agencies. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating compliance with the conditions the Building Superintendent or Planning Consultant for final approval stamp after conditions have been met.
(3) Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Chapter or elsewhere in this Section, or requires extensive revision in order to comply with said standards and regulations, site plan approval shall be denied.
(4) Tabling. Upon determination that a site plan is not ready for approval or rejection, or upon a request by the applicant, the Planning Commission may table consideration of a site plan until a future meeting.
(g) Record of Actions. The City shall keep a record of decisions on all site plans on file in the City Hall. The record shall include the following information:
(1) Minutes. All minutes from any meeting where the site plan was considered.
(2) Finding of Fact. The decision on a site plan review shall be incorporated in a finding of fact relative to the land use under consideration and shall specify the basis for the decision and any conditions imposed.
(3) Final Site Plans. An electronic PDF version and a full-size print set (24" x 36") of the final site plans stamped by a licensed architect, landscape architect, or civil engineer.
A. Three (3) copies of the application and approved plans shall be stamped APPROVED and signed by the Building Superintendent or City Planner. One marked copy shall be returned to the applicant and the other two copies will be kept on file in the City Hall.
(4) Development Agreement. An approved site plan shall include a site plan development agreement outlining the approved use, any applicable conditions, and procedural process. The development agreement shall be signed by the applicant and the Planning Commission Chair.
(h) Procedure After Site Plan Approval.
(1) Application for Building Permit.
A. Following final approval of the site plan and the engineering plans, the applicant may apply for a building permit. It shall be the responsibility of the applicant to obtain all other applicable City, County, or State permits and approvals prior to issuance of a building permit.
B. A building permit for a structure in a proposed condominium project shall not be issued until evidence of a recorded master deed has been provided to the City. However, the Building Superintendent may issue permits for site grading, erosion control, installation of public water and sewage facilities, and construction of roads, prior to recording the master deed. No permit issued or work undertaken prior to recording of the master deed pursuant to this section shall grant any rights or any expectancy interest in the approval of the master deed.
(2) Expiration of Site Plan Approval. If construction has not commenced within twelve (12) months of final approval of the site plan, or if construction has not been completed within twelve (12) months after it was commenced, the site plan approval becomes null and void and a new application for site plan review shall be required. The Building Superintendent may grant an extension of up to twelve (12) months, upon written request from the applicant, if his or her designee finds that the approved site plan adequately represents current conditions on and surrounding the site and provided that the site plan conforms to the current Zoning Code standards.
(3) Application for Certificate of Occupancy. Following completion of site work and building construction, the applicant may apply for a certificate of occupancy or a temporary certificate of occupancy from the Building Superintendent. It shall be the applicant's responsibility to obtain these required certificates prior to any occupancy of the property.
(4) Property Maintenance After Approval.
A. It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this Section and shall be subject to the same penalties appropriate for a use violation.
B. With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this Section and shall be subject to the same penalties appropriate for a use violation.
(5) Recorded and As-Built Condominium Documents.
A. Upon approval of the site plan for a condominium project involving new construction, the condominium project developer or proprietor shall furnish the City with the following:
1. One (1) copy of the recorded master deed; and
2. One (1) copy of any condominium bylaws and restrictive covenants.
B. Upon completion of the project the condominium project developer or proprietor shall furnish the city with the following:
1. Two (2) copies of an "as built survey"; and
2. One (1) copy of the site plan on a mylar sheet of at least thirteen (13) by sixteen (16) inches with an image not to exceed ten and one-half (10 ½) by fourteen (14) inches.
C. The as-built survey shall be reviewed by the City Engineer for compliance with City ordinances. Fees for this review shall be established by the City Council.
(6) Revocation. Approval of a site plan may be revoked by the Planning Commission or Building Superintendent if construction is not in conformance with the approved plans. In this case, at the discretion of the Building Superintendent the site plan shall be placed on the agenda of the Planning Commission for consideration and written notice shall be sent to the applicant at least ten (10) days prior to the meeting. The Building Superintendent, applicant, and any other interested persons shall be given the opportunity to present information to the Planning Commission and answer questions. If the Planning Commission finds that a violation exists and has not been remedied prior to the hearing, then it shall revoke the approval of the site plan.
(i) Amendments and Modifications. A site plan approved in accordance with the provisions in this section may be subsequently modified, subject to the following requirements:
(1) Minor Modifications.
A. Minor modifications to an approved site plan may be reviewed by the City Building Superintendent or his or her designee.
B. Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include, but are not limited to:
1. An addition to an existing commercial or industrial building that does not increase or decrease the floor space by more than 25% or 3,000 square feet, whichever is less.
2. Re-occupancy of a vacant building that has been unoccupied for less than twelve (12) months.
3. Changes to building height that do not add an additional floor.
4. Additions or alterations to the landscape plan or landscape materials.
5. Relocation or screening of a trash receptacle.
6. Alterations to the internal parking layout of an off-street lot.
C. Determination of Minor Modification. The Building Superintendent, or his or her designee, shall determine if the proposed modifications are minor in accordance with the guidelines in this Section. In order to make the determination, the Building Superintendent shall solicit comments and recommendations from the Planner, Engineer, and public safety officials, as deemed necessary.
(2) Major Modifications.
A. If the modifications are not deemed minor by the Building Superintendent, then full review, and approval by the Planning Commission shall be required.
B. Planning Commission review shall be required for all site plans that involve a request for a variance, a special land use, conditional rezoning, and planned unit development proposal that involves a discretionary decision, or a proposal that involves a nonconforming use or structure.
C. Examples of major modifications include, but are not limited to:
1. The construction of a new building or structure.
2. The addition or deletion of parking.
3. The addition of curb cuts onto a public road.
(3) Recording of Action.
A. Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan and shall be kept on file in the office of the Building Superintendent.
B. The Planning Commission shall be advised of all minor site plan modifications approved by the Building Superintendent and such modifications shall be noted on the site plan and in the minutes of the Planning Commission.
(j) Fees and Performance Guarantees.
(1) Fees. Fees for the review of site plans and inspections as required by this section shall be established and may be amended by resolution by the City Council.
(2) Performance Guarantees. Performance guarantees shall be required subject to the standards in Section 1262.09.
(Res. 2020-298A. Passed 10-5-20, Eff. 10-19-20.)