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The property owner, developer, or other representing party on behalf of a property owner interested in the development of land within the City shall adhere to the procedures identified in this chapter, in accordance with all other applicable sections of this Code of Ordinances.
1. Pre-Application Conference. It is recommended that prior to the submission of any site plan application a meeting be scheduled with the administrative official and other appropriate City department representatives. The purpose of this conference shall be to discuss the feasibility of the proposal and to provide the owner with information and guidance regarding applicable City ordinances, specifications, standards, and procedures, before the owner enters into binding commitments or incurs substantial expenses. In addition, the administrative official will identify a development review schedule best suited to accommodate the applicant’s time schedule and the City’s ability to effectively review the proposal.
2. Development Review. In order to properly review a site plan proposal, the applicant shall provide the City with information determined to be applicable to the project by the administrative official. Once the proposal has provided all of the necessary information meeting the requirements of all applicable City ordinances, the proposal shall be brought before the Planning and Zoning Commission in order to receive a recommendation before being presented to the City Council. Action of the Planning and Zoning Commission and City Council shall be approval, with approval subject to conditions, denial, or to table for further review. Action of the Council shall be approval, denial, or table for further review. A site plan may be presented for consideration by the City Council in the event of a recommendation of denial by the Planning and Zoning Commission. In the event of denial of a site plan by the City Council, the applicant would be required to resubmit and begin the review process anew to have another proposal considered by the Planning and Zoning Commission and City Council. Re-submittal of a site plan shall be subject to all applicable costs associated with review of the documentation. Development review shall exist as a measurement determined by the City to meet the objectives outlined by the Waukee Comprehensive Plan.
3. Validity of Approval. A site plan shall become effective upon certification of approval by the City Council. The City Council approval of any site plan required by this chapter shall remain valid for one year, allowing one one-year extension with approval of City Council upon recommendation of the Commission after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this chapter, “actual construction” means that the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property, or stockpiling of materials on the site do not constitute actual construction. At the time of site plan approval, the City Council may grant an exemption on the time construction must begin after their approval is given for a utility service structure.
4. Amendment. Any site plan may be amended in accordance with the standards and procedures established herein, including payment of fees, provided that the administrative official may waive such procedures for those minor changes hereinafter listed. Such minor changes shall not be made unless the prior written approval for such changes is obtained from the administrative official. No fees shall be required for such minor changes. Minor changes include: (i) moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building; (ii) relocation of building entrances or exits and shortening of building canopies; (iii) changing to a more restrictive commercial or industrial use, provided the number of off-street parking spaces meets the requirement of the Waukee zoning ordinance (this does not apply to residential uses); (iv) changing angle of parking or aisle, provided there is no reduction in the amount of off-street parking as originally approved; (v) substituting plant species, provided a landscape architect, engineer or architect certifies the substituted species is similar in nature and screening effect.
5. Existing Development. Any improvement or maintenance to any structure or site feature must not cause the site or building to become non-compliant with the regulations set forth in this chapter. If the site or building is already non-compliant, the change to the building or site proposed by the owner must not cause them to become more non-compliant. In such instances, improvements shall be completed in a manner which makes the building, site, or related items more compliant with the current provisions of this chapter than they were previous to the improvements. Any improvement proposed to modify the size of a building, lot, parking area, etc. shall be submitted for review by the City. If the proposed improvement modifies the size of a building or lot by less than 25 percent, it shall be submitted for review by City staff and approved or disapproved by City staff. The administrative official shall have the authority to require such a project be reviewed by the Planning and Zoning Commission and City Council if they feel such review is warranted. If the proposed change is in excess of 25 percent, it shall be submitted for full review and approval or disapproval by the Planning and Zoning Commission and City Council.
6. Nonconforming Uses. Any site or building use permitted under a previous zoning district’s regulation shall conform to the regulations of this chapter under the current site and building design provisions determined to be most applicable to the nonconforming use by the administrative official.
7. Violation and Penalty. Any person, firm, partnership, association or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and when not otherwise specified, each 30 days that prohibitive conditions are maintained shall constitute a separate offense. In addition, the City of Waukee may proceed in law or in equity to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct of business, or use in or about said premises.