§ 5.5A APPLICABILITY AND REVIEW AUTHORITY.
      (1)   Gateway Corridors. All development located in any commercial district (except the TC: Town Center District, or MU: Mixed Use District) and any industrial district when located within 600 feet of a Gateway Corridor shall be subject to the filing of a development plan for architectural and site design review as set forth in Table 5.5-A: Gateway Corridor Development Plans.
      (2)   Adjoining residential districts. All development located in any commercial district (except the TC: Town Center District, or MU: Mixed Use District) and any industrial district when located within 600 feet of a residential use which is not legal nonconforming shall be subject to the filing of a development plan for architectural and site design review as set forth in Table 5.5-B: Commercial and Industrial Development Plans Within 600 Feet of a Residential Use Which Is Not Legal Nonconforming.
      (3)   Development plans review authority.
         (a)   Review. All development shall be subject to the filing, review and appeal procedures set forth in Article 5.8 - Procedures for Submission and Review of Development Plans.
         (b)   Limitation on Director’s authority. Notwithstanding anything in Table 5.5-A or Table 5.5-B to the contrary, any development which requires a waiver of any development requirement of this Article shall be required to file a development plan for review and determination by the Plan Commission.
Table 5.5-A: Gateway Corridor Development Plans
Development Activity
Approval Authority
Table 5.5-A: Gateway Corridor Development Plans
Development Activity
Approval Authority
a.
New construction of a primary use building on lot with existing development *
Plan Commission
b.
Major building additions (greater than 10,000 sq. ft. or in excess of 20% of gross floor area of existing building(s)) *
Plan Commission
c.
New outdoor display area, outdoor operations (i.e., outdoor seating/dining areas; processing; servicing; and the like), outside storage area, off-street parking area or off-street loading area
Director
d.
Minor building additions (less than 10,000 sq. ft. and less than 20% of gross floor area of existing building(s))
Director
e.
Exterior building renovations (i.e., change in exterior building materials, substantial change in exterior color, increase or decrease in facade fenestration in excess of 10%)
Director
f.
Accessory buildings/structures (new or additions) - including by way of example: trash enclosures; storage sheds; drive-through facilities; ATMs and the like
Director
g.
Expanded or relocated outdoor display area, outdoor operations (i.e., outdoor seating/dining areas; processing; servicing; and the like), outside storage area, off-street parking areas or off-street loading area (unless subject to Article 5.4B(4))
Director
h.
All signs, including: freestanding identification signs (ground, pole or pylon signs); building identification signs (wall, awning, canopy or marquee signs); incidental signs (ground, projecting or wall signs); suspended signs; or outdoor display area signs.
Director
i.
Landscaping
Director
j.
Lighting
Director
k.
Fences
Director
*   Includes complete review of site, landscape, lighting, sign and building elevation plans
Plan Commission =   Determination by Plan Commission as set forth in Article 5.8A(1)
Director = Administrative determination by Director as set forth in Article 5.8A(2) or Article 5.8E(3) and subject to compliance with the development requirements of this Article 5.5
 
Table 5.5-B: Commercial/Industrial Development Plans Within 600 Feet of a Residential Use Which Is Not Legal Nonconforming
Development Activity
Approval Authority
Table 5.5-B: Commercial/Industrial Development Plans Within 600 Feet of a Residential Use Which Is Not Legal Nonconforming
Development Activity
Approval Authority
a.
New construction of a primary use building on lot with existing development *
Plan Commission
b.
Major building additions (greater than 10,000 sq. ft. or in excess of 20% of gross floor area of existing building(s)) *
Plan Commission
c.
New outdoor display area, outdoor operations (i.e., outdoor seating/dining areas; processing; servicing; and the like), outside storage area, off-street parking area or off-street loading area
Director
d.
Minor building additions (less than 10,000 sq. ft. and less than 20% of gross floor area of existing building(s))
Director
e.
Exterior building renovations (i.e., change in exterior building materials, substantial change in exterior color, increase or decrease in facade fenestration in excess of 10%)
Director
f.
Accessory buildings/structures (new or additions) - including by way of example: trash enclosures; storage sheds; drive-through facilities; ATMs and the like
Director
g.
Expanded or relocated outdoor display area, outdoor operations (i.e., outdoor seating/dining areas; processing; servicing; and the like), outside storage area, off-street parking areas or off-street loading area (unless subject to Article 5.4B(4))
Director
h.
All signs, including: freestanding identification signs (ground, pole or pylon signs); building identification signs (wall, awning, canopy or marquee signs); incidental signs (ground, projecting or wall signs); suspended signs; or outdoor display area signs
Director
i.
Landscaping
Director
j.
Lighting
Director
k.
Fences
Director
*   Includes complete review of site, landscape, lighting, sign and building elevation plans
Plan Commission = Determination by Plan Commission as set forth in Article 5.8A(1)
Director = Administrative determination by Director as set forth in Article 5.8A(2) or Article 5.8E(3) and subject to compliance with the development requirements of this Article 5.5
 
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 6-2001, passed 6-25-2001; Ord. 11-2004, passed 6-14-2004; Ord. 51-2005, passed 10-10-2005; Ord. 39-2006, passed 10-9-2006; Ord. 09-2007, passed 4-23-2007; Ord. 27-2007, passed - -2007; Ord. 24-2009, passed 1-26-2009; Ord. 18-2010, passed 11-22-2010; Ord. 06-2011, passed 6-13-2011; Ord. 12-2011, passed - -2011)