(a) Formal submission and approval of a site plan is required before any zoning permit may be issued. Formal submission and approval of a site plan includes following the review procedures and submission requirements defined herein. Notwithstanding these requirements, however, at any time prior to the formal submission and review of a site plan, an applicant may, at his or her option, submit a sketch site plan to the Planning Commission for informal review and comment. The purpose of such a sketch site plan is to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of a formal site plan. A sketch site plan need not include all items described in Section 1111.06 (Site Plan Content) and informal review of the site plan need not include the notifications required under Section 1111.03(f) (Procedure for Site Plan Review - Notice by Posting Sign).
(b) In order to inform a developer of planning and zoning issues before incurring substantial architectural and engineering costs for a project, the site plan review process has a two- step procedure. The Planning Commission shall conduct a preliminary site plan review so that it may determine that the specific planning requirements of this Ordinance are being satisfied. Following the preliminary site plan review, a developer shall submit detailed plans and drawings for final site plan review by City divisions and departments. Both preliminary and final site plan review may be conducted concurrently at the option of the developer.
(c) The Planning Commission shall have authority to grant yard and area variances and special exceptions from the terms of this Ordinance concurrent with Site Plan review pursuant to Article X, Section 3 (Commissions and Boards) of the City Charter. Variances shall only be granted according to the notice and hearing procedures and standards for decisions outlined in Section 1103.03 (Appeals and Hearings) and Section 1103.05 (Decisions of the Board of Zoning Appeals) of this Ordinance.
(d) An applicant for formal site plan approval shall file ten (10) copies of a site plan with the Zoning Inspector along with other required documents and an application fee.
(e) After reviewing an application for formal site plan approval for completeness and determining that the application and site plan is complete, the Zoning Inspector shall transmit copies of the site plan and application to the members of the Planning Commission along with other departments and agencies as deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed.
(f) Within five (5) calendar days following the determination that the application is complete, a sign providing general notice of the meeting on the proposed development to be held by the Planning Commission shall be posted on the property in question.
(g) Within thirty (30) calendar days following the determination that the application is complete, the Planning Commission shall meet and consider the proposed preliminary site plan, and shall make a decision concerning:
(1) The adequacy of the information presented to determine the impacts of the proposed development compared with the standards established under Section 1111.05 (Site Plan Standards for Review).
(2) Whether to approve, conditionally approve, or deny the site plan along with any conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development.
(h) The final action by the Planning Commission on a preliminary site plan shall consist of either:
(1) Approval of the site plan based upon a determination that the proposed Preliminary Site Plan will constitute a suitable development and the plan meets the standards set forth in this Ordinance. Within a one (1) year period, unless extended for good cause by the Planning Commission, the applicant shall apply for final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments.
(2) Approval of the site plan subject to any conditions, modifications, and restrictions as required to ensure that the project meets the standards for review. This approval is subject to final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments. Within a one (1) year period, unless extended for good cause by the Planning Commission, the applicant shall apply for final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments. All conditions, modifications, and restrictions placed upon the preliminary site plan approval by the Planning Commission shall be addressed in the final site plan application materials and documents.
(3) Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in Section 1111.05 (Site Plan Standards for Review). If the site plan is disapproved, the specific basis for such disapproval shall be provided along with a clear description of how the site plan could be modified to be acceptable. Any resubmission of a site plan may be considered after the adjoining property owners previously notified have been provided a ten (10) calendar day notice by first class mail of such a subsequent meeting.
(i) Within thirty (30) calendar days following complete submission of an application for final site approval, the Zoning Inspector shall approve or disapprove the application. One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. Such period may be extended by the Zoning Inspector in the event that additional studies are required or at the option of the applicant if a comment review conference is scheduled to discuss any negative comments from reviewing City divisions or departments.
(1) Final site plan approval issued under this Section shall lapse within one (1) year if a substantial use thereof has not commenced, except for good cause as determined by the City Administrator.
(2) In the event of disapproval, the Zoning Inspector shall provide the applicant in writing of the decision and provide comments for necessary modifications to the application in order to bring it within conformance with the requirements of this Ordinance. Failure to respond to comments within six months of the date of a comment letter shall constitute abandonment of the project and shall require resubmittal as a new site plan subject to both preliminary and final site plan review.
(Ord. 2008-06. Passed 4-14-08.)