(A) Purpose/standards.
(1) It is declared to be the policy of the city to preserve, protect and promote attractive and well-maintained residential environments for its citizens.
(2) For the protection of residential areas, imaginative site design concepts shall be employed in the development of respective sites.
(3) To promote the general welfare, health, safety and order of residential neighborhoods.
(B) Exceptions to the site plan procedure.
(1) With the exception of single-family dwellings and two-family dwellings, this site plan approval process applies to all new construction in the R-1, R-2, R-3 and R-4 zoning districts.
(2) Murals in R District are subject to the following:
(a) Murals are prohibited on the primary street facing façade of the building, commonly identified as the front yard. For corner lots, where more than one abutting street facing façade exists, murals are prohibited on both primary street facing facades, commonly identified as the front and the side yard adjacent to the street.
(b) Murals shall not directly face adjacent residential structures and shall not cover or detract from architectural features. Eaves, cornices, and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.
(c) Murals shall not cover more than one continuous side of the residential structure.
(d) When no alternative location exists for a mural pursuant to this subsection, a mural, not to exceed six feet in height as measured from where the exterior wall meets the ground, shall be allowed on the back exterior wall of the residential structure as long as the mural does not exceed six feet in height, and is screened by a six foot high fully opaque screening, such as a wall, a fence, landscaping or screening otherwise approved by city.
(e) Property owner may register the mural by providing the following information to the Community Development Department:
1. Address and location of the building, structure or lot to which or upon which the mural is to be painted;
2. A set of drawings detailing the mural specifications, including reasonably accurate and scaled dimensions;
3. A written and signed statement including the following:
(i) A description of which of the following materials the mural will be painted with: an oil-based alkyd enamel or polyurethane enamel, or other Painting Decorating Contractors of America (PDCA) industry standard exterior paint; and
(ii) The approximate start and end dates for the creation and completion of the mural.
(f) By registering the mural, the city can assist the property owner in ensuring compliance with design standards set forth in this section. Failure to comply with design standards may be subject to enforcement provisions set forth by this code or nuisance actions under this code or state law.
(C) Generally, approval required. The following rules shall govern applications for site plan approval:
(1) Application.
(a) Prior to commencing any construction, a “site plan approval” application shall be initiated by the owner of subject property or by an authorized agent. The applicant shall submit a “site plan approval” application to the Zoning Administrator, copies of which are available at the municipal offices, together with a fee in an amount established by City Council resolution. A completed application shall be filed at least 23 days prior to the next regular meeting of the Planning Commission.
(b) The Zoning Administrator shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting.
(2) Exhibits. In addition to the application, the following exhibits shall be required:
(a) A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions showing an inventory of all existing trees six-inch caliper and larger by species and size. Trees shall be identified on the drawing as quality or non-quality type trees. Quality trees shall be those types as stated in division (C)(4)(b) below. The drawing will be accurately dimensioned; and
(b) A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:
1. An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, building elevations landscaping, including trees and shrubbery with indication of species, planting, size and location;
2. Fences or walls or other screening, including height and type of material;
3. Lighting provisions, including type and location; and
4. Curbs; and
5. Other documents as requested by the Zoning Administrator.
(3) Drive aisle/parking setback and curbing standards.
(a) All parking lots shall be curbed with B-6-12 or better concrete curbing.
(b) Curbed islands must be placed at the end of every row of parking spaces.
(c) Off-street parking and drive aisle setback standards:
Front yard | 20 feet |
Rear yard | 10 feet |
Rear yard abutting R District | 20 feet |
Side corner | 20 feet |
Side yard | 10 feet |
Side yard abutting R District | 20 feet |
(4) Landscape standards.
(a) The off-street parking setback area shall be utilized as a protective buffer. The protective buffer shall not be used for parking, drive aisles, off-street loading or storage and shall be landscaped.
(b) Minimum landscape requirements in the protective buffer shall include the following “quality type trees,” one two and one-half inch diameter at four feet above grade caliper deciduous tree, which shall be, hardwood type trees such as, maple, seedless green ash, locust or basswood, or six-foot conifer type trees, such as Colorado blue spruce, white pine, red pine or pyramidal arborvitae, or other approved types. The number of trees required is the equivalent of one for every 40 feet lineal of property line on the subject site or as approved through the site plan process. The protective buffer shall also contain grass, ground cover or shrubs and shall be irrigated to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the protective buffer.
(c) Minimum landscape requirements for each curbed island shall include one one and one-half inch diameter at four feet above grade caliper deciduous tree, all of which must be of “quality” types as listed in division (D)(4)(b) above. The curbed island shall also contain grass, ground cover or shrubs and shall be irrigated to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the curbed island.
(d) When tree removal occurs, replacement trees shall constitute at least 30% of the total amount of the caliper inches of “quality trees” removed.
(e) All trees shall be placed around the site to promote the most efficient and effective use of the different types of trees installed.
(f) When located adjacent to a single family or two-family use, the provisions of § 153.381 shall apply, except that for the portion adjacent to the residential properties, screening from the front building line to the rear property line and along the rear property line shall be six feet in height.
(5) Hearings.
(a) The Planning Commission shall hold a public hearing on the application. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed conditional use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the site plan approval is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
(b) Action by City Council. The City Council must approve or deny the application within 60 days after the receipt of all information requested by the city. The time limitation and extension of time are the same as set forth in § 153.027(C)(2).
(6) Denial. The City Council may deny an application for site plan approval upon a written finding of legally sufficient reasons with a factual basis.
(7) Lapse of residential site plan. An approved residential site plan shall lapse and become null and void one year following the date on which the application was approved, unless prior to the expiration of one year, a building permit is issued by the Building Official and construction iscommenced and diligently pursued toward completion on the subject site. A residential site plan may be extended once for a period of six months by the City Council. For any commercial use, failure to maintain the property may result in revocation of any extension.
(8) Conditions and restrictions. The Planning Commission may recommend and the City Council may impose conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this chapter. The conditions may include the execution and submission of a development agreement with a supporting financial guarantee that the subject property will be constructed, developed and maintained in conformance with the plans, specifications and standards.
(Ord. 00-06, passed - -; Ord. 01-06, passed - -; Ord. 04-12, passed - -; Ord. 04-13, passed - -; Ord. 05-04, passed - -; Ord. 05-05, passed - -; Ord. 06-13, passed - -; Ord. 07-07, passed - -; Ord. 08-14, passed - -; Ord. 12-30, passed - -; Ord. passed 10-11-1963; Ord. 22-002, passed 2-14-2022; Ord. 23-009, passed 6-26-2023)