§ 154.070  SITE PLAN REVIEW; CONFORMANCE.
   (A)   No permitted commercial, industrial, airport, or any conditionally permitted use shall be permitted until review and approval of the site plans by the Planning Commission, which shall determine that the plan is consistent with the purposes and requirements of this chapter, and that the specific standards set forth in §§ 154.542 through 154.546 (for conditional zoning certificates) and the general requirements set forth herein will be met.  The Planning Commission shall act on any site plan submitted under this section within 95 days of the time of official submission to the Zoning Inspector, or the Secretary of the Planning Commission.  Any person submitting a site plan may agree to a longer period of review by the Planning Commission.  When the Planning Commission finds it necessary to maintain a strict record of public hearing procedures, the applicant will bear all direct and related costs.  When the Planning Commission deems it necessary to cause special studies to be made, the applicant shall provide such studies.  In order to promote the orderly development of the site plan to required specifications, the Planning Commission and the Zoning Inspector shall encourage preliminary discussions by and with the applicant and the Planning Commission and prior to formal application for a zoning certificate or conditional zoning certificate a review by City Engineering.
      (1)   The site plan shall be drawn to a legible scale, shall show topographical features of the lot, building placement, and activity area, and shall include a circulation and parking plan, planting and landscape plan, and architectural plans with engineering and constructional information.  A description of the proposed development or operation shall be provided in sufficient detail to indicate possible emission of energy or matter beyond the lot lines, with engineering plans for the handling of any excesses thereof.
      (2)   The site plan shall show that a proper relationship will exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands, in accordance with standards and regulations established therefore by the City Engineer.
      (3)   All the development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.
      (4)   The architectural design of buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture materials, line and pattern, and character.
      (5)   Building location and placement shall be developed with consideration given to minimizing removal of trees and change of topography.
      (6)   Maximum possible visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography and open spaces.
      (7)   In large parking areas, visual relief and traffic channelization shall be provided through the use of trees, planted and landscaped dividers, island and walkways.
      (8)   Where applicable, a landscape plan showing screening of parking areas and service areas from surrounding properties shall be provided through landscaping and/or ornamental walls or fences where necessary to promote harmony with adjacent development.  Materials used in any ornamental wall or fence shall be compatible with the character of adjoining properties.
      (9)   On-site traffic circulation shall be designed to make possible adequate fire and police protection.
      (10)   In the case of commercial or industrial uses, adequate provision shall be made for the disposal of all wastes, in accordance with standards and regulations established therefore by the Director of Public Service.
      (11)   All nonresidential uses shall demonstrate written compliance with the standards of §§ 154.520 through 154.528 regarding off-site impacts as required by the Planning Commission. The Planning Commission reserves the right to require additional information regarding any potential off-site impact and required modifications to any development plan to reduce negative impacts likely to result from the development.
      (12)   Parking and loading provisions shall meet the requirements of §§ 154.405 through 154.409.
      (13)   All utilities, including cable TV, on the site shall be located underground when recommended by the City Engineer.
      (14)   Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, during as well as after construction, to minimize the possibility of erosion.  No open drainage channels are allowed in the city.  The Planning Commission may require that such grading plans be reviewed by the City Engineer or U.S. Soil Conservation Service with any costs borne by the developer.  The costs of any unusual means necessary to alleviate surface drainage problems on adjacent property due to development shall be borne by the developer of the property causing the problem.
      (15)   The design and construction of driveways and parking areas shall conform to standards and regulations established therefore by the City Engineer.  In addition, driveway areas in industrial zones for industrial development within the public right-of-way shall use asphalt or concrete as approved by the City Engineer.  Parking lots and driveways outside public rights-of-way in industrial zones for industrial development may use concrete, asphalt, ship and seal, gravel or other materials as approved by the Director of Public Service which would reduce dust and mud.
   (B)   Conformance with site plan.
      (1)   All aspects of the development shall conform to the approved site plan.  No injurious or offensive effects shall result from the development or operation.  The control of effects such as noise, smoke, dust, fumes, odors, electrical interference and the storage and disposal of wastes shall meet accepted current standards.
      (2)   It shall be a violation of this chapter for any building or premises to be occupied or used prior to:
         (a)   Conformance with all applicable requirements of this chapter; and
         (b)   Completion of required landscaping, drainage, parking and road and driveway improvements according to plans approved by the Planning Commission or the posting of a cash bond or other surety in a form approved by the City Law Director with the city in an amount equal to the required improvements plus 10%. The bond or surety shall be for a period not to exceed two years and shall provide for the complete construction of the improvements within that period.
   (C)   Form of approval in large projects. Where the Planning Commission considers it necessary, in order to assure that a large project will be developed consistent with the purposes of this chapter, the Planning Commission may require that plans for a large project be submitted indicating development in phases if such project can logically be divided into phases.  The Planning Commission shall review the entire project for conformance with all applicable regulations in this chapter and shall give preliminary approval to the entire project if it so conforms.  However, the Planning Commission shall have the power to limit final approval and authorization for the Zoning Inspector to issue zoning certificates to one section or phase of the total development at a time.  Approval of subsequent phases shall be given:
      (1)   Upon substantial compliance with the plan given preliminary approval;
      (2)   Upon conformance with all applicable regulations of this chapter; and
      (3)   Upon a finding by the Planning Commission that all preceding phases conform to all requirements of this chapter and conform to approved plans including complete installation of improvements required in the approval of preceding phases, or, in lieu of complete installation, the submission of a financial guarantee acceptable to the city assuring that the improvements will be installed within one year of the submission of the guarantee.
   (D)   Variances.  The Planning Commission may modify the requirements of this section where unusual or exceptional factors or conditions require, or for large-scale developments, subdivisions of land or commercial and industrial developments.  To modify these requirements where unusual or exceptional factors or conditions require, the Planning Commission shall:
      (1)   Find that unusual topographical or exceptional physical conditions exist;
      (2)   Find that strict compliance with these requirements would create an extraordinary hardship in the face of the exceptional conditions;
      (3)   Permit any such modification to depart from these requirements only to the extent necessary to remove the extraordinary hardship.
('65 Code, § 1323.27)  (Ord. 27-95, passed 4-18-95; Am. Ord. 97-051, passed 7-1-97)