1137.03 SITE PLAN REVIEW .

   (a)   Purpose. The purpose of this section is to provide adequate review by the Planning Commission and Council of proposed development in those zoning districts where the uses permitted are of such a nature because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community. Site plan review shall be required for the following:

      (1)   New construction of all permitted and conditional uses in a commercial or industrial district; and

      (2)   Any existing or previously approved development which proposes to alter, reconstruct or otherwise modify a use or site including expanding the floor area of permitted use, or changing the use which requires an increase in the amount of parking or a change in the site's circulation except that the following are exempt from Site Plan Review provided they comply with all applicable regulations of the Planning and Zoning Code:

         A.   Additions of 300 sq. ft. or less to two family or multi-family dwellings;

         B.   Accessory uses 600 sq. ft. or less in size for two family or multi-family dwellings that comply with the accessory use regulations set forth in Section 1143.07; and

         C.   Fences erected on a two family or multi-family development that are consistent with Section 1143.07(e).

         D.   Additions or accessory structures in a commercial or industrial district that have a total square footage that is 25% or less of the ground floor area of the existing principal building or parking lot and that complies with the requirements of this zoning code, and all building and fire codes.
(Ord. 2011-121. Passed 1-12-12.)

   (b)   Administrative Review. The developer or owner of any proposed development, use or structure requiring site plan review pursuant to Section 1137.03(a) is encouraged to meet informally with the staff of the Planning, Engineering, and Fire Departments to review preliminary plans prior to preparing final a site plans pursuant to Section 1137.03(c). The purpose of such preliminary review is to establish a mutual understanding of the provisions of this Code and the development objectives of the City as expressed through the Comprehensive Plan.

   (c)   Site Plan Approval. The applicant for any use requiring Site Plan approval shall submit 20 copies of the site plan to the Planning Director and payment of the required fee. The site plan shall be prepared by a qualified professional and drawn to an appropriate scale and shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Planning Director for certain types of projects, the following maps, plans, designs and supplementary documents:

      (1)   An accurate legal description prepared by or certified by a registered surveyor of the state;

      (2)   A property location map showing existing property lines, easements, utilities and street rights-of-way;

      (3)   A development plan indicating:

         A.   Use, location and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights;

         B.   Location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

         C.   Adjacent streets and property including lot lines, buildings, parking and drives within 200 feet of the site;

         D.   Proposed and existing fences, walls, signs, lighting;

         E.   Location and layout of all outdoor storage areas including storage of waste materials and location of trash receptacles;

         F.   Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

         G.   Dimensions of all buildings, setbacks, parking lots, drives and walkways.

      (4)   Topographic maps with sufficient elevations to show existing and generally proposed grading contours, and major vegetation features, including existing trees over three inches in diameter and wooded areas;

      (5)   Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements and the existing trees to be removed;

      (6)   Building elevations from all sides showing proposed colors, signage and building materials;

      (7)   Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non-residential use including streets and open space; number of dwelling units by type;

      (8)   Description of any variance requested along with a narrative statement establishing and substantiating the justification for the variance;

      (9)   Other features necessary for the evaluation of the development plan as deemed necessary by the Planning Director or Planning Commission;

      (10)   Planning Director may require photometric plans of the entire parcel including location, height and type of lighting fixtures.

   (d)   Planning Commission Review of Site Plans. A complete application shall be transmitted to the Planning Commission, at which time the Planning Department may then distribute the application to appropriate administrative departments for review and comment. Administrative review should be completed and the reports/comments available to the Planning Commission at the time of the Commission's review.

   In reviewing a site plan the Planning Commission shall consider the location of buildings, parking areas and other features with respect to the topography of the lot and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways, the location of the green area provided, bearing in mind the possible effects of irregularly shaped lots; the adequacy of location, landscaping and screening of the parking lots; and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations. In approving a site plan, the Planning Commission shall find that:

      (1)   The plan is consistent with any comprehensive plan for the orderly development of the City.

      (2)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

      (3)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

      (4)   The development will have adequate public service, parking and open spaces.

      (5)   The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.

      (6)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

      (7)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with any applicable regulations or design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.

      (8)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage;

      (9)   The project, if located in a C-2, C-3, C-4, C-5, C-6, C-7, C-8 or RB District, complies with the design review standards set forth in Chapter 1182.

   (e)   Review of Variances. The Planning Commission shall consider each request for a variance described on the proposed plan to determine if it complies with the purpose and intent of this Zoning Code. The Planning Commission may consider a site plan which varies from the strict standards of this Code and act upon the proposed application as if in compliance with the standards and requirements set forth in this Code when it is determined that:

      (1)   The proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of the applicable district and that through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements. The Planning Commission shall also find that the development, as proposed, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

      (2)   The literal enforcement of the required standard(s) will result in practical difficulty or unnecessary hardship. In making such a determination, the Planning Commission shall consider and weigh the following factors:

         A.   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

         B.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

         C.   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

         D.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

         E.   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;

         F.   Whether special conditions or circumstances exist as a result of actions of the owner;

         G.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

         H.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and

         I.   Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.

The Planning Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

   (f)   Action by Planning Commission.

      (1)   The Planning Commission may either approve the site plan as submitted; approve the site plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or deny the site plan. If the Commission finds that a proposed plan does not meet the purposes of these regulations, it shall deny the plan and shall submit its findings in writing, together with the reasons therefore, to the applicant.

      (2)   Failure of the Planning Commission to act within 60 days, exclusive of summer vacation and holidays, from the date the application was deemed complete, or an extended time period as may be agreed upon, shall at the election of the applicant be deemed a denial of the final development plan.
(Ord. 2007-222. Passed 1-10-08.)

   (g)   Confirmation by Council.

      (1)   Following action by the Planning Commission, the application and the City Arborist's approved landscaping plan shall be submitted to Council for final action. Council, by majority vote, may confirm the recommendation of the Planning Commission for approval of the site plan, or confirm the recommendation of the Planning Commission for denial of the site plan. Council action which differs from or departs in substantive form from the recommendation of the Planning Commission shall not take effect unless approved by five members of Council, except that no ordinance or resolution may be enacted without the affirmative vote of at least four Council members. Failure of Council to act within 90 days after the introduction of a Council ordinance regarding a Planning Commission recommendation, shall be considered a denial of the final development plan.

      (2)   In its review of the site plan, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.

      (3)   Upon confirmation of site plan by Council, the Planning Director shall issue a zoning certificate.
(Ord. 2018-61. Passed 1-25-18.)

   (h)   Term and Assignability.  

      (1)   A Site Plan Approval shall be deemed to authorize a particular development on the specific parcel for which it was approved. The Site Plan Approval is nonassignable without review and recommendation by Planning Commission and approval by Council, and shall expire one year from the date of enactment, unless prior thereto the applicant commences actual construction and erection. There shall be no modification of a Site Plan Approval except after review and recommendation by Planning Commission and resolution of Council. Any changes in an approved plan shall be resubmitted for approval in accordance with this section. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed.

      (2)   Extension of a Site Plan Approval shall comply with the following:

         A.   Extension of Site Plan Approvals without modification may be applied for during the month prior to the date of expiration, if the approval does not carry a prohibition against the extension. Extensions may be granted by the Planning Commission if the Commission finds the request to be consistent with the purpose, policies, and intent of the Comprehensive Plan, the specifications of the Zoning Code, and any specific conditions considered and applied by Council in its original granting of the original Site Plan Approval.

         B.   Applications for extensions shall be made to the Planning Commission and shall meet the provisions for applications for Site Plan Approval.

         C.   Requests for renewal of an expired Site Plan Approval shall be considered to be the same as an application for Site Plan Approval and shall meet all requirements for application, review by Planning Commission, and action by Council.

            (Ord. 2007-222. Passed 1-10-08.)