1109.19 SITE PLAN AND DESIGN REVIEW.
 
SITE PLAN AND DESIGN REVIEW
WHEN APPLICABLE....
Minor Site Plan and Design Review
Any non-residential development, or site improvement which involves under five thousand (5,000) square feet of structure or building, other than a fence or accessory structure
Major Site Plan and Design Review
Any development, which involves more than five thousand (5,000) square feet of structure or building;
Any development impacting or adjacent to an environmentally sensitive feature.
Any development which in the professional opinion of the Planning and Zoning Administrator, warrants public review.
 
   (a)   Applicability. Except as otherwise provided herein or elsewhere in this Zoning Code, minor site plan and design review or major site plan and design review is required in accordance with the provisions contained herein. The Planning and Zoning Administrator shall conduct minor site plan and design review and the Planning Commission shall conduct major site plan and design review, in each case, as provided below.
   (b)   Minor Site Plan and Design Review. Minor site plan and design review shall be required for any nonresidential development or site improvement which involves under five thousand (5,000) square feet of structure or building other than a fence or accessory structure.
   (c)   Minor Site Plan and Design Review - Application. An application for minor site plan and design plan review shall be submitted to the Planning and Zoning Administrator and shall include the following information:
      (1)   A vicinity map showing the location of the proposed development in relationship to the surrounding area including major thoroughfares.
      (2)   A site plan illustrating the following:
         A.   The dimensions of property lines, parcel dimensions and adjoining rights-of-way.
         B.   The current zoning of the parcel and all adjacent parcels.
         C.   The location of proposed buildings and structures.
         D.   The location of existing water bodies, streams, drainage ditches, stands of trees and other pertinent features within one hundred fifty (150) feet of the proposed development.
         E.   Setbacks and building separations shall be noted in accordance with zoning requirements.
         F.   A landscape concept plan, including approximate location of all new landscape material and plantings, that addresses the applicable district requirements.
         G.   A transportation and parking plan, including location and number of all parking and loading spaces and location of all proposed walkways and bike/pedestrian access points, that addresses the applicable district requirements.
      (3)   An architectural plan, including exterior building materials, colors, and lighting features, that addresses the applicable district requirements; and
      (4)   Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.
   (d)   Minor Site Plan and Design Review - Review and Approval or Denial. Any applicant requesting minor site plan and design review shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as the Planning and Zoning Administrator may require. Within thirty (30) days of filing a complete application, the Planning and Zoning Administrator shall act upon the application for minor site plan and design review based upon the applicable district regulations, and other applicable regulations, standards, and design guidelines of the City. If the Planning and Zoning Administrator determines that the proposed development complies with the applicable standards of the applicable districts, then, the Planning and Zoning Administrator shall issue a zoning certificate. If the Planning and Zoning Administrator determines that the proposed development does not comply with the applicable standards of the applicable district, then the Planning and Zoning Administrator shall deny the application and state the reasons for such denial in writing.
   (e)   Major Site Plan and Design Review. Major site plan review shall be required for the following forms of development in any district:
      (1)   Any development, which involves more than five thousand (5,000) square feet of structure or building;
      (2)   A development impacting or adjacent to an environmentally sensitive feature; or
      (3)   A development which in the professional opinion of the Planning and Zoning Administrator, warrants public review.
   (f)   Major Site Plan and Design Review - Application. An application for major site plan and design review shall be submitted to the Planning and Zoning Administrator and shall include the following information:
      (1)   All materials required for minor site plan and design review as set forth above;
      (2)   A basic utility plan;
      (3)   Where applicable an engineers staff report will be conducted by the City Engineer, where further recommendations could be made. The cost for any engineering study or report prepared by and/or for the City shall be assumed by the applicant as part of the cost of the application.
      (4)   Where required a plot-grade utility plan shall be submitted to the Director of Development for review and approval subsequent to and in conformance with an approved site plan.
      (5)   Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.
   (g)   Site Plan and Design Review - Conditions. In accordance with the site plan and design review procedures contained in this chapter, the Planning and Zoning Administrator or the Planning Commission, as applicable, may place such reasonable conditions on the approval of a site plan that may be required to address the standards for review set forth herein or are otherwise consistent with the purpose and intent of this Zoning Code.
   (h)   Approved Site Plan - Modifications. The Director of Development or his or her designee, may approve such adjustments to an approved site plan as are required for engineering purposes such as proper function of utilities or to accommodate soil conditions. Such adjustments shall meet the following conditions:
      (1)   The adjustment is required in order to ensure the life-safety, proper function of the site utilities or building, or to comply with the regulations of a state or federal agency;
      (2)   The adjustment is as minimal as possible to correct the engineering issue;
      (3)   The adjustment does not increase the impervious surface on the subject property by more than one hundred (100) square feet as compared to the impervious surfaces contemplated on the approved site plan;
      (4)   The adjustment shall not be used to add any additional uses or tenants;
      (5)   The adjustment does not increase the number of curb cuts on a public street; and
      (6)   The adjustment does not violate any specific condition of the approved site plan.
   (i)   Approved Site Plan - Amendment. Any amendment to an approved site and design plan shall be considered by the applicable approving body based on the standards applicable to such amendment; provided however, any amendment that in the direction of the Planning and Zoning Administrator constitutes a minor amendment may be reviewed and approved by the Planning and Zoning Administrator even if such amendment pertains to a major site and design plan.
   (j)   Site Plan - Appeals. The BZBA shall hear all appeals of individuals who are directly affected by a decision of the Planning Commission or Planning and Zoning Administrator when such appeal is properly and timely filed as required by this chapter. An applicant refused such certificate shall appeal in writing to the BZBA within thirty (30) days of the date of refusal by the applicable decision-making body. BZBA shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)