The required general site plan review procedures are as follows.
   (A)   Permitted use. The Director has the authority to administratively approve a preliminary, final or sketch site plan for a permitted use in any district. A petitioner requesting site plan approval for a permitted use may file a final site plan without providing application of a preliminary site plan.
   (B)   Special use. An application for a special use must comply with both the preliminary and final site plan application contents and submittal requirements and procedures and the requirements in §§ 158.095 through 158.102 of this chapter for specials uses. A preliminary site plan for a special use shall be submitted to the Planning Commission for approval, conditional approval or denial as part of the special use application, with the City Council having the authority to exercise their right of review within 21 days of the Planning Commission’s decision to approve, approve with conditions or deny a site plan for a special use as provided in §§ 158.095 through 158.102 of this chapter. The final site plan for a special use may be approved under the administrative process for permitted uses.
   (C)   Planned use. An application for a planned use must comply with both the preliminary and final site plan application contents and submittal requirements and procedures as well as the requirements outlined in §§ 158.115 through 158.121 of this chapter for planned uses. The approval of a planned use is a legislative act of rezoning, therefore, the review and approval of a preliminary site plan for a planned use must be conducted in accord with all rezoning requirements, including the requirements of §§ 158.255 through 158.257 of this chapter. The preliminary site plan shall be incorporated in and subject to the ordinance approving any planned use as provided for in §§ 158.115 through 158.121 of this chapter, or as otherwise provided in this code. The final site plan for a planned use may be approved under the administrative process for permitted uses.
   (D)   Reports required for planned and special uses. The Community Development Department shall prepare a project report for special and planned uses that provides a review of the preliminary site plan in light of the Comprehensive Plan, the applicable review criteria set forth herein, the requirements of this chapter and the input of appropriate city departments. The Director shall forward a copy of the report to the applicant. The Director shall forward any completed application for a site plan for a special and planned use to the Planning Commission and/or City Council for further review and consideration.
   (E)   General site plan review criteria. In reviewing a site plan application, the Director shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this chapter. Generally, the following criteria are used to evaluate both the preliminary site plan and final site plan:
      (1)   Conformance with the requirements of the applicable zoning ordinances and this code, and all other applicable codes and policies of the city;
      (2)   Circulation in terms of an internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience, access, handicap access, noise and exhaust control. Though generally discouraged, private internal streets may be considered where appropriate to the development. A proper institutional framework must be established for maintenance thereof and the streets must be accessible by Police and Fire Department vehicles for emergency purposes. Bicycle and pedestrian traffic shall be considered and provided for when necessary;
      (3)   Functional open space in terms of recreation, views, density relief, convenience, function and optimum preservation of natural features, including trees and drainage areas;
      (4)   The adequacy, safety, separation, convenience, access to points of destination and attractiveness of pedestrian ways;
      (5)   Building type in terms of appropriateness to density, site relationship and bulk and building design in terms of orientation, spacing, materials, exterior color and texture, storage and lighting are appropriate for the development;
      (6)   Landscaping of total site as shown by amount, types and materials used, maintenance, suitability and effect on the neighborhood;
      (7)   The site plan has been shown to fit within the context of the planned land use pattern and roadway and utility systems of the larger surrounding sub-area;
      (8)   Consistency with the city’s adopted Comprehensive Master Plan, the Commercial Design Handbook, dated 7-6-2009, and on file with the City Clerk, and any adopted design guidelines applicable to the site, and any adopted sub-area master plan;
      (9)   City water and sewer systems can adequately serve the proposed development; and
      (10)   Storm water runoff is not increased at the boundaries of the property or can adequately be handled by an off-site storm water system.
   (F)   Denial of site plan criteria. The applicant shall have the burden of demonstrating that the site plan application meets the applicable review criteria. The city shall not approve a site plan application unless the city determines that the proposed use or development:
      (1)   When completed pursuant to the proposed site plan, would  be consistent with all applicable requirements of this chapter or applicable zoning ordinance, subdivision ordinance or other applicable municipal codes and policies;
      (2)   Would not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject property, including traffic reasonably expected to be generated by the proposed use and other uses in the area;
      (3)   Is  compatible with existing or permitted uses on adjacent sites, in terms of building height, setbacks and open spaces, bulk and scale, landscaping, exterior building design features, drainage, access, parking and circulation features; or
      (4)   Will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for reasons specifically articulated by the Director.
   (G)   Appeals. Appeals of any determination made by the Community Development Director or other city official pursuant to this subchapter may be taken by filing an appeal with the Zoning Hearing Officer consistent with the procedures and regulations identified in §§ 158.295 through 158.301 of this chapter.
(Ord. 3463, passed 7-17-2006; Ord. 3665, passed 5-3-2010)