§ 153.153 SITE PLAN APPROVAL.
   The following provisions shall govern the Site and Building Plan approval process, as they relate to the scope of the proposed construction.
   (A)   Site and Building Plan Approval Required. It is declared to be the policy of the city to preserve and promote attractive and stable business environments for its citizens through encouraging well-conceived, high quality developments. To this end, imaginative site design concepts shall be employed in the development and redevelopment of respective sites. With the exception of single family dwellings and two family dwellings, this site plan approval process applies to all new construction in the One and Two Family District (R-1), the High-Density Residential District (R-2), the Central Business District (CBD), the Highway Commercial District (C-2), and the Manufacturing and Industrial District (M) that involves one or more of the following:
      (1)   New construction;
      (2)   Construction or reconstruction that substantially alters the floor area of the building greater than or equal to 10%;
      (3)   Construction or reconstruction involving modification or replacement of the exterior materials on the building; or
      (4)   Construction or reconstruction to change the configuration of the parking area.
   (B)   Application.
      (1)   Prior to commencing any construction, a Site and Building Plan application shall be initiated by the owner of subject property or by an authorized agent. The applicant shall submit a Site and Building Plan application to the Zoning Officer, copies of which are available at the municipal offices, together with a fee in an amount established by City Council resolution.
      (2)   The Zoning Officer shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting.
   (C)   Exhibits. In addition to the application, the following exhibits shall be required:
      (1)   A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned.
      (2)   A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:
         (a)   An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, grading plans, building elevations, landscaping, including trees and shrubbery with indication of species, planting, size, and location.
         (b)   Fences, walls, or other screening, including height and type of material.
         (c)   Lighting provisions, including type and location.
         (d)   Curbs.
   (D)   Procedures. The procedure for obtaining Site and Building Plan approval is as follows.
      (1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.
      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.
      (3)   The Zoning Officer shall transmit the application and exhibits to the Planning Commission and shall place the matter on the next available Planning Commission agenda.
      (4)   The Planning Commission shall study the application to determine possible adverse effects of the proposed Site and Building Plan and to determine what additional requirements may be necessary to reduce those adverse effects, and shall recommend one of three actions: approval, denial, or conditional approval. The Planning Commission may hold public hearings as it may consider necessary on a proposal for Site and Building Plan approval.
      (5)   The Planning Commission shall transmit its recommendation to the City Council for its official action.
      (6)   The City Council shall act on the application after receiving the recommendation of the Planning Commission.
   (E)   Lapse of Site and Building Plan. An approved Site and Building Plan shall lapse and become null and void one year following the date on which the application was approved, unless prior to the expiration of one year, the Building Official issues a building permit and construction is commenced toward completion on the subject site. A Site and Building Plan may be renewed for a period of one year by the City Council.
   (F)   Conditions and restrictions. The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this section. The conditions may include the execution and submission of a Performance Agreement with a supporting financial guarantee that the subject property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards.
(Ord. 2005-4, passed 7-11-2005)