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165.36 SITE PLAN REVIEW PROCEDURE.
This section provides for the administrative review in addition to plan review required by other sections of this Code of Ordinances of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The site plan review procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property. This review supplements and does not replace any existing reviews or approvals required under this or other ordinances.
1.   Administration. The Zoning Administrator shall review, evaluate, and act on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the City Council.
2.   Uses Requiring Site Plan Review. The following selected uses shall follow the site plan review procedure prior to the issuance of a building permit, unless they are otherwise subject to a special use permit procedure for specific zoning districts.
   A.   Any person developing a tract, lot or parcel of land located within the corporate limits shall submit a site plan for the following Districts:
A1   Permitted agricultural uses and single family dwellings are excluded.
RR   Single family dwellings and agricultural uses are excluded.
R1   Single family dwellings are excluded.
R1A   Single family dwellings are excluded.
R1B   Single family dwellings are excluded.
R1C   Single family dwellings are excluded.
R2   Single and two family dwellings are excluded.
R3   Single and two family dwellings are excluded.
R4   Excluded unless beginning development.
CBD   Required for all uses.
CUC   Single and two family dwelling uses are excluded.
CC   Single and two family dwelling uses are excluded.
CPD   Required for all uses.
INS   Required for all uses.
M1   Required for all uses.
M2   Required for all uses.
   B.   Size Exemption For Uses That Require a Site Plan. Buildings or building additions that do not exceed 2000 square feet in size are exempt from the site plan review procedure. All other buildings or building additions require site plan approval by the Planning and Zoning Commission except for those uses specifically excluded above. Buildings or building additions exempted herein shall still meet minimum off-street parking requirements as per 165.32.
(Ord. 890 - Feb. 15 Supp.)
3.   Application Requirements. An application for a site plan review may be filed by the owners of a property or the owners’ authorized agent with the Zoning Administrator. The application shall include the following information:
   A.   Name and address of the applicant. Name and address of who prepared site plan.
   B.   Owner, address and legal description of the property.
   C.   A description of the nature and operating characteristics of the proposed use.
   D.   A site plan, drawn to a scale (not less than 1" = 50') sufficient to permit adequate review and dimensioned as necessary, showing the following information: (Items 1-3 may be included on the site plan drawing.)
      (1)   The date, scale, north point, title, name of owner, and name of person preparing the site plan.
      (2)   The location and dimensions of boundary lines, easements, right-of-ways, and required yards and setbacks of existing and proposed buildings and site improvements and the total area in square feet or acres of the proposed development.
      (3)   The location, size, and use of proposed and existing structures on the site.
      (4)   The present zoning of the property.
      (5)   The location and size of all existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, islands, striping and curbing, sanitary sewers, storm sewers, water mains, private services, sidewalks, streets, utilities (gas, telephone, electric, cable tv etc.) service areas, fencing, screening, landscaping, trash disposal, and lighting. The size and type of any landscaping provided shall be labeled.
      (6)   Location of any major site feature, including wooded areas, drainage and contours at no greater than five-foot intervals.
      (7)   Size, elevations, plan, materials, colors and architectural theme of proposed structure. Square footage of existing and proposed building floor area, individually and collectively, shall be included.
      (8)   Surface types, i.e., cement, gravel, grass, etc., shall be identified.
      (9)   Location, height, area, color and graphic details of any signs.
      (10)   Current applicable Urban Design Standards Manual and Urban Standard Specifications for Public Improvements Manual shall be complied with.
   E.   Administrative Action and Appeal. The Planning and Zoning Commission shall act on each application at the nearest meeting to the date of filing, provided that such application is submitted at least fifteen (15) days prior to the next scheduled meeting.
   F.   Review and Evaluation. The Planning and Zoning Commission shall review and approve the site plan based on the criteria established in Table 165.36/37-1 and conformance with applicable regulations in this Zoning Ordinance. The Planning and Zoning Commission shall make the following findings before approval of the site plan:
      (1)   The proposed development, together with any necessary modifications, is compatible with the criteria established in Table 165.36/37-1.
      (2)   Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.
      (3)   The site plan conforms to the Zoning Ordinance and the Comprehensive Plan.
   G.   Modification of Site Plan. The Zoning Administrator may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening; installation of erosion control measures; improvement of access or circulation; rearrangement of structures on the site; or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.
   H.   Term and Modification of Approval.
      (1)   A site plan approval shall become void 180 days after the date of Planning and Zoning Commission approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.
      (2)   The Zoning Administrator may approve a modification to a previously approved site plan if such modification does not alter the building location or change more than 25% of the exterior features (in terms of total area or total number) including, but not limited to, parking and landscaping which were designated on the Planning and Zoning Commission-approved site plan. Typical examples of such “modifications” include parking lot reconfigurations, moving a loading dock location, switching tree locations or tree species and minor adjustments to the building such as door and window relocations or facade alterations. In no case shall such modifications be allowed if they would cause the site plan to become noncompliant with regard to minimum parking, landscaping or other requirements of this chapter. In no case shall modifications to a previously approved site plan be permitted after 180 days after the date of Planning and Zoning Commission approval. Minor facade alterations for buildings that have a valid design permit may be approved by the Zoning Administrator subject to Community Development Committee approval.
      (3)   The Zoning Administrator may revoke a site plan approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the City Council.
      (4)   The Planning and Zoning Commission may approve minor modifications or additions to already approved site plans that change the footprint of the original proposed building area by not more than 25% in terms of alteration or additional square footage in relation to the original footprint area. In no case shall modifications to a previously approved site plan be permitted after 180 days after the date of Planning and Zoning Commission approval. Such modifications for buildings that have a valid design permit may be approved by the Planning and Zoning Commission subject to Community Development Committee approval.
   I.   Approval to Run With Land. An approval pursuant to this section shall run with the land until the expiration date of such approval.
4.   Right-of-Way Dedication. The dedication of public right-of-way identified in the City's Comprehensive Plan or Transportation Plans shall be required as part of a site plan applicant where such right-of-way is shown by the Plan on the property of the site plan. Said dedication shall include sufficient right-of-way based on the Comprehensive Plan classification for street type or other transportation route and shall be sufficiently sized to accommodate any other public infrastructure related thereto. The dedication shall be required via acquisition plat or other means acceptable to the City Attorney and shall be a condition of site plan approval. This requirement shall be considered as satisfied if the site plan represents a parcel in its entirety which has been preliminary and final platted as part of an approved subdivision where such right-of-way has been already dedicated.    (Ord. 754 - Sept. 07 Supp.)