1108.05 MAJOR SITE PLAN.
   (a)   Application. An application for a major site plan shall be filed by the applicant with the authorization of the property owner on a form provided by the Zoning Officer. Nothing shall prevent the concurrent submittal of an application for a major site plan with the submittal of an application for a zoning map amendment. Approval of a major site plan submitted concurrently with an application for zoning map amendment may not become effective until the zoning map amendment application has been approved by Council. In order to defray the cost of examination of plans and inspection, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.
   (b)   Submittal Requirements.
      (1)   A survey showing boundary information, existing and proposed development, existing and proposed easements, rights-of-way, and utilities, including storm water drainage.
      (2)   The site plan shall indicate buildings, service areas, parking, signage, fencing, landscaping, and all required setbacks.
      (3)   All parking and loading areas shall be shown, including typical dimensions of parking stalls, aisles and loading spaces.
      (4)   All major circulation routes, including arterials, adjacent curb cuts, collector and local streets, driveways and curb cuts, and including major aisle ways and service routes shall be indicated. Major pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossing, etc., plus any attempts at separating vehicular and pedestrian/recreation movement.
      (5)   Handling of all waste and refuse materials shall be indicated.
      (6)   Proposed landscaping shall be shown, as per a landscape plan required by Chapter 1173.
      (7)   All signage and graphics may be required to be shown, as per Chapter 1181.
      (8)   All exterior lighting shall be shown including parking lot, pedestrian, and building accent lighting. Lighting intensity and installation height shall be indicated.
      (9)   Exterior building design and surface treatments shall be indicated, including building material and color. Color and material samples may also be requested.
      (10)   A list of all owners of property including their mailing addresses, within, contiguous to, or directly across the street or streets from the property.
      (11)   A general narrative describing any variances requested to the development standards of the Planning and Zoning Code and demonstrating how the variances will result in the best possible development for the site.
      (12)   Any additional information as may be required by the Zoning Officer or the Planning Commission.
   (c)   Procedure.
      (1)   Any applicant requesting approval of a major site plan as defined herein shall submit to the Zoning Officer four copies and one digital copy of the application, including the items specified in Section 1108.04(b) Submittal Requirements, the prescribed fee, and any other information as determined appropriate by the Planning Commission, in accordance with the submission schedule of the Planning Commission.
      (2)   It shall be the duty of the Planning Commission to review the major site plan; determine whether it complies with the adopted regulations and standards, design guidelines contained herein, and accepted planning principles; and conduct a public hearing to the extent the applicant seeks a variance from the development standards of this Zoning Ordinance. Such determination shall be made within a reasonable time at a regular meeting of the Planning Commission in accordance with the submission and hearing schedule established by the Commission.
      (3)   The Planning Commission shall approve, approve with modification, or disapprove an application for a major site plan.
   (d)   Modifications of the Major Site Plan.
      (1)   Development shall be in conformance with the Site Plan and construction of site improvements must be commenced within two years of Planning Commission approval; otherwise no development of the land shall take place until a new Site Plan is approved pursuant to this section.
      (2)   Approval of the Planning Commission is required before any modification of the approved Site Plan may be made. Development of land shall not proceed prior to final approval of the Site Plan. Any development undertaken without such final approval is in violation of this Zoning Ordinance and is an abatable nuisance.
   (e)   Variances from Development Standards. The Planning Commission may approve variances from the Development Standards of the Planning and Zoning Code as part of the Site Plan. These variances shall be consistent with the intent of the Development Standards of the Planning and Zoning Code to insure a higher quality development. No action by the Board of Zoning Appeals is required for these variances. The Zoning Officer shall set a public hearing to review any variances requested as part of the site plan review, which hearing may be set and incorporated in the Procedures set forth in subsection (c).
      (1)   Notice of the hearing before the Planning Commission shall be published once in one or more newspapers of general circulation in the City, at least seven days prior to the date fixed for the hearing. The notice shall include the place, time and date of the hearing, and the location of the property. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate the granting or denial of a variance.
      (2)   A notice containing the information required by subsection (e)(1) hereof shall be sent by first class mail to all property owners listed, pursuant to Section 1108.05(b)(10) not less than seven days prior to the date fixed for the hearing. Failure of any such property owners to receive mail notice does not invalidate the granting or denial of a variance.
   (f)   Appeal. Decisions of the Planning Commission in approving, approving with modifications or disapproving applications for site plans are appealable to City Council in accordance with the provision of Section 1107.06(d).
(Ord. 04-53. Passed 12-7-04; Ord. 2015-05. Passed 2-17-15.)