(A) Development plan approval by the Planning Board shall be required prior to the issuance of a building permit for the following types of development:
(1) Development in non-residential zoning classifications;
(2) Development in planned unit developments (PUD), excluding areas of planned developments devoted exclusively to single-family, single-family attached or duplex dwellings;
(3) Development in the S-P Site Plan District, excluding uses devoted exclusively to single-family, single-family attached or duplex dwellings;
(4) Townhouse or multi-family dwellings;
(5) Schools, elementary or secondary;
(6) Mobile home or recreational vehicle park; and
(7) Recreational and entertainment uses.
(B) Approval of a development plan by the Planning Board shall be required when the development plan is in conjunction with a request for a zoning change excluding uses devoted exclusively to single-family, single-family attached or duplex dwellings.
(C) Formal application and the required information for a development plan shall be made to the City Planner by the applicant on forms prescribed by the city.
(D) (1) When a development plan application has been reviewed and determined to be in conformance with all applicable provisions of the zoning ordinance and subdivision ordinance by the City Planner, it shall be placed on the agenda for the next available regular Planning Board meeting.
(2) If an application is submitted in conjunction with zoning change request, the development plan will be submitted to the Zoning Commission for a recommendation from that body.
(3) The Planning Board consideration shall include the following:
(a) Conformance with planning guidelines set forth in the Comprehensive Plan, if applicable;
(b) Paving and layout of streets, alleys and sidewalks;
(c) Means of ingress and egress;
(d) Provisions for drainage;
(e) Provisions for off-street parking;
(f) Provisions for protective screening and open spaces;
(g) The impact of noise;
(h) The impact of glare from stationary and vehicular lights;
(i) Provisions for areas designated for landscaping; and
(j) Other aspects deemed by the Planning Board necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.
(4) In the approval or disapproval of the development plan, the Planning Board shall not be authorized to waive or vary conditions and requirements contained in the zoning ordinance or subdivision ordinance.
(5) Any development plan application denied by the Planning Board may be appealed to the City Commission.
(E) Building permits to be in conformance with development plan. It shall be unlawful to issue a building permit for any development for which a development plan is required pursuant to this chapter prior to the approval of a development plan. No building permit shall be issued except in conformity with the approved development plan or in accordance with authorized minor changes.
(F) Subsequent to approval of a development plan, minor changes may be authorized by the City Planner when such minor changes will not cause any of the following circumstances to occur:
(1) A change in the character of the development;
(2) A change in the primary use of the development;
(3) An increase in the intensity, floor area ratio, height or site coverage of the development;
(4) An increase in the traffic generated by the use;
(5) A reduction in the originally approved setbacks from property lines;
(6) An increase in the problems of off-street parking, circulation, safety and utilities;
(7) A change in the subject size, lighting or orientation of originally approved signs; or
(8) A decrease in the percentage of landscaping required.
(1998 Code, App. A, § 40-52) (Ord. 08-40, passed 10-15-2008)