This article applies to an administrative site plan. An administrative site plan is a site plan that does not require approval by the Land Use Commission under Article 3 (Land Use Commission Approved Site Plans).

Source: Section 13-1-640; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The director shall approve a proposed site plan if the director determines that the site plan complies with the requirements of this title.

(B)

If the director determines that a proposed site plan does not comply with the requirements of this title, the director shall deny the site plan under Section 25-1-64 (Action on an Application; Deadline).

(C)

In addition to the other remedies available under state law or this title, if the applicant disagrees with the director's interpretation or application of a requirement of this title the applicant may appeal to:

(1)

the Board of Adjustment, if the requirement is a requirement of Chapter 25-2 (Zoning) or a separately adopted zoning ordinance; or

(2)

the Land Use Commission, if the requirement relates to a requirement of Chapter 25-6 (Transportation), Chapter 25-7 (Drainage), or Chapter 25-8 (Environment).

(D)

To appeal under Subsection (C), an applicant must file a written objection to the director.

(E)

If the standards in Subsection (A) are met, the director shall approve a site plan for a residential infill project in 90 days.

Source: Sections 13-1-641 and 13-1-643; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20230831-141, Pt. 40, 9-11-23; Ord. No. 20250306-037, Pt. 3, 5-23-25.

An applicant may file an update to a site plan before an application expires.

Source: Section 13-1-643; Ord. 990225-70; Ord. 031211-11; Ord. No. 20160421-039, Pt. 11, 5-2-16; Ord. No. 20230831-141, Pt. 41, 9-11-23.

(A)

The director shall make a determination under Section 25-5-112 (Director's Approval) and give written notification of the determination to each interested party not later than the deadline established by Section 25-1-64 (Action on an Application; Deadline).

(B)

The director shall give notice under Subsection (A) of this section within one working day after a determination is made.

(C)

If the director denies a site plan, the director shall notify each interested party of the denial. The notice must include the reasons that the site plan does not comply with the requirements of this title. With permission of the interested party, this notice may be provided by electronic mail.

Source: Section 13-1-642; Ord. 990225-70; Ord. 030828-65; Ord. 031211-11; Ord. 20090521-062; Ord. No. 20160421-039, Pt. 12, 5-2-16; Ord. No. 20230831-141, Pt. 42, 9-11-23.

This article applies to a site plan that requires Land Use Commission approval.

Source: Chapter 13-1, Article IX, Division 3; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

Land Use Commission approval of site plan is required for:

(1)

a conditional use;

(2)

except as provided in Section 25-5-2 (Site Plan Exemptions), development in a Hill Country Roadway Corridor; and

(3)

if otherwise required by this title.

Source: Section 13-1-660; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20130228-074.

(A)

A reviewing city department shall determine whether a site plan application complies with the requirements of this title and the director's recommendation under Section 25-5-145 (Evaluation of Conditional Use Site Plan) and deliver comments on the application to the director not later than the 21st day after the application is filed.

(B)

The director shall provide a written report on the site plan application to the applicant and an interested party not later than the 28th day after the application is filed. The director shall deliver the report to the Land Use Commission before the public hearing on the site plan application.

(C)

If the site plan application includes property located within the Waterfront Overlay (WO) combining district, the director shall request a recommendation from the Waterfront Planning Advisory Board to be presented to the Land Use Commission with the director's report required under this section.

Source: Section 13-1-662; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20090611-074.

(A)

The Land Use Commission shall hold a public hearing on each site plan application it considers.

(B)

The director shall give notice under Section 25-1-132(A) (Notice of Public Hearing) of a public hearing under this section.

(C)

This subsection applies to an application for approval of a large retail use described in Section 25-2-815 (Large Retail Uses).

(1)

In addition to the notice required by Subsection (B), the director shall give notice to all:

(a)

registered neighborhood associations with boundaries located within one mile of the site; and

(b)

utility service addresses located within 500 feet of the site, as shown in the City utility records as of the date of the filing of the application.

(2)

The applicant shall post a sign on the site in a location that is within 25 feet of and visible from the public right-of-way. The sign must be at least four feet by eight feet in size with lettering at least four inches high. The sign must include the following information:

(a)

a statement that an application for approval of a conditional use site plan has been filed;

(b)

the city file number;

(c)

the name, address, and telephone number of the applicant or agent; and

(d)

a description of the proposed development, including the size and use of the building.

(D)

The director shall schedule a site plan application for public hearing by the Land Use Commission on the first available meeting for which notice of the public hearing can be timely provided after:

(1)

the applicant responds to staff review comments and makes necessary changes, if any;

(2)

the applicant delivers to the director a written request to schedule the site plan for public hearing; or

(3)

the 180th day from the date the application for site plan approval was filed.

(E)

The director shall extend the 180 day period described in Subsection (D)(3) of this section for an additional 180 days if the applicant delivers to the director a written request for an extension before the expiration of the initial 180 day period.

Source: Section 13-1-661; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20070215-072; Ord. 20110804-008.

(A)

The Land Use Commission shall determine whether the proposed development or use of a conditional use site plan complies with the requirements of this section.

(B)

A conditional use site plan must:

(1)

comply with the requirements of this title;

(2)

comply with the objectives and purposes of the zoning district;

(3)

have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that is compatible with the use of an abutting site;

(4)

provide adequate and convenient off-street loading facilities;

(5)

reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects; and

(6)

for a conditional use located within the East Austin Overlay district, comply with the goals and objectives of a neighborhood plan adopted by the city council for the area in which the use is proposed.

(C)

A conditional use site plan may not:

(1)

more adversely affect an adjoining site than would a permitted use;

(2)

adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area;

(3)

adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign; or

(4)

for a large retail use described in Section 25-2-815 (Large Retail Uses), adversely affect the future redevelopment of the site.

(D)

A site plan may not adversely affect the public health, safety, or welfare, or materially injure property. If the Land Use Commission determines that a site plan has an adverse effect or causes a material injury under this subsection, the Land Use Commission shall identify the adverse effect or material injury.

Source: Section 13-1-663(a); Ord. 990225-70; Ord. 990520-70; Ord. 010607-8; Ord. 031211-11; Ord. 20070215-072; Ord. 20110804-008; Ord. No. 20231102-028, Pt. 38, 11-13-23.

(A)

To make a determination required for approval under Section 25-5-145 (Evaluation of Conditional Use Site Plan), the Land Use Commission may require that a conditional use site plan comply with a condition of approval that includes a requirement for:

(1)

a special yard, open space, buffer, fence, wall, or screen;

(2)

landscaping or erosion;

(3)

a street improvement or dedication, vehicular ingress and egress, or traffic circulation;

(4)

signs;

(5)

characteristics of operation, including hours;

(6)

a development schedule; or

(7)

other measures that the Land Use Commission determines are required for compatibility with surrounding uses or the preservation of public health, safety, or welfare.

(B)

As a condition of approval for a conditional use site plan, a parking area for a cocktail lounge or a restaurant with a late-hours permit must be separated from a property used or zoned townhouse and condominium residence (SF-6) district or more restrictive by not less than 200 feet unless:

(1)

the lounge or restaurant is located within an enclosed shopping center; or

(2)

the Land Use Commission grants a variance from this requirement when the Land Use Commission approves the site plan.

Source: Section 13-1-665; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The Land Use Commission shall act on a site plan application not later than the 14th day after it closes the public hearing.

(B)

For a conditional use site plan, the Land Use Commission may:

(1)

approve the site plan as proposed by the applicant if the site plan complies with the requirements of Section 25-5-145 (Evaluation Of Conditional Use Site Plan);

(2)

approve the site plan pending compliance with the requirements of this title or conditions required by the Land Use Commission under Section 25-5-146 (Conditions Of Approval); or

(3)

deny the site plan application.

(C)

The Land Use Commission shall approve a site plan for development in a Hill Country Roadway Corridor if the Land Use Commission determines that the proposed development complies with the requirements of this title.

(D)

The director shall notify the applicant of the Land Use Commission's decision by mail.

Source: Sections 13-1-663(b) and 13-1-664; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

If the Land Use Commission, or the council on appeal, imposes a condition of approval on a conditional use site plan, the applicant shall file with the director an update that satisfies the condition not later than 20 business days after the site plan approval date. A site plan expires if the applicant does not comply with the deadline.

(B)

After receiving the update, the director shall notify the applicant of review comments to an updated conditional use site plan not later than the deadline established by the director under Section 25-1-82 (Application Requirements and Expiration).

(C)

An applicant may file a subsequent update to a conditional use site plan not later than 135 business days after the date of site plan approval. If the site plan on file after that date does not comply with the requirements of this title or a condition of approval, the site plan approval expires.

(D)

The director shall deny a conditional use site plan that expires under this section.

Source: Section 13-1-667; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20160421-039, Pt. 13, 5-2-16.

An interested party may appeal the Land Use Commission's approval or denial of a site plan under this article to the council.

Source: Section 13-1-666; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

If a conditional use site plan is denied or revoked, a person may not file an application for the same or substantially the same conditional use on the same or substantially the same site for a period of one year from the date of denial or revocation.

Source: Section 13-1-668; Ord. 990225-70; Ord. 031211-11.

Except as provided in Section 25-5-2 (Site Plan Exemptions), a site plan must be approved and released under this chapter before:

(1)

a person may change the use of property;

(2)

a person may develop property; or

(3)

the building official may issue a building permit.

Source: Section 13-1-600; Ord. 990225-70; Ord. 031211-11.

(A)

The director shall determine whether a project is exempt under this section from the site plan requirement of Section 25-5-1 (Site Plan Required). The director may require an applicant to submit information necessary to make a determination under this section or to revise a previously approved site plan under Section 25-5-61 (Revisions to Released Site Plans).

(B)

A site plan is not required for the following development:

(1)

construction or alteration of four or fewer residential units, if:

(a)

the proposed construction is located on a legal lot or tract that contains four or fewer residential units, including proposed and existing units; and

(b)

a proposed improvement is not located in the 100 year flood plain, or the director determines that the proposed improvement will have an insignificant effect on the waterway;

(2)

removal of a tree not protected by this title;

(3)

interior alteration of an existing building that does not increase the square footage, area, or height of the building;

(4)

construction of a fence that does not obstruct the flow of water;

(5)

clearing an area up to 15 feet wide for surveying and testing, unless a tree more than eight inches in diameter is to be removed;

(6)

restoration of a damaged building that begins within 12 months of the date of the damage;

(7)

relocation or demolition of a structure or foundation covering not more than 10,000 square feet of site area under a City demolition permit, if trees larger than eight inches in diameter are not disturbed and the site is not cleared;

(8)

development in the extraterritorial jurisdiction that is exempt from all water quality requirements of this title; or

(9)

placement of a commercial portable building on existing impervious cover if the building does not impede or divert drainage and the site complies with the landscaping requirements of this title; and

(10)

construction or alteration of a townhouse in the Mueller Planned Unit Development or the area identified in Section 1.2.5.B (Conflicting Provisions) of the Regulating Plan for the Lamar Blvd./Justin Lane Transit Oriented Development.

(C)

Except for a change of use to an adult oriented business, a site plan is not required for a change of use if the new use complies with the off-street accessible space requirements of this title.

(D)

Except for an adult oriented business, a site plan is not required for construction that complies with the requirements of this subsection.

(1)

The construction may not exceed 1,000 square feet, and the limits of construction may not exceed 3,000 square feet, except for the following:

(a)

enclosure of an existing staircase or porch;

(b)

a carport for fewer than ten cars placed over existing parking spaces;

(c)

a wooden ground level deck up to 5,000 square feet in size that is for open space use;

(d)

replacement of a roof that does not increase the building height by more than six feet;

(e)

remodeling of an exterior facade if construction is limited to the addition of columns or awnings for windows or entrance ways;

(f)

a canopy over an existing gas pump or paved driveway;

(g)

a sidewalk constructed on existing impervious cover;

(h)

replacement of up to 3,000 square feet of building or parking area lost through condemnation, if the director determines that there is an insignificant effect on drainage or a waterway; or

(i)

modification of up to 3,000 square feet of a building or impervious cover on a developed site if the modification provides accessible facilities for persons with disabilities.

(2)

The construction may not increase the extent to which the development is noncomplying.

(3)

The construction may not be for a new drive-in service or additional lanes for an existing drive-in service, unless the director determines that it will have an insignificant effect on traffic circulation and surrounding land uses.

(4)

A tree larger than eight inches in diameter may not be removed.

(5)

The construction may not be located in the 100 year flood plain, unless the director determines that it would have an insignificant effect on the waterway.

(E)

A site plan is not required for minor site development, minor construction, or a change of use that the director determines is similar to that described in Subsections (B), (C), and (D) of this section.

(F)

A site plan is not required for the construction of subdivision infrastructure in accordance with approved subdivision construction plans.

(G)

The exemptions provided by Subsections (C) and (D) do not apply to a bed and breakfast residential use established after October 1, 1994.

(H)

The exemptions provided by this section do not apply to a telecommunications tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

(I)

A site plan is not required for development of a site solely for a community garden use if the director determines that the overall plan does not exceed the exceptions described in subsections (B), (C) or (D).

(J)

The exemptions provided by this section do not apply to the construction of a dock, bulkhead, or shoreline access as described in Chapter 25-2, Subchapter C, Article 13 (Docks Bulkheads, and Shoreline Access), but a site plan is not required for the repair, maintenance, or modification of existing structures or improvements if the applicable requirements of this subsection are met.

(1)

A site plan is not required for simple re-decking of a dock.

(2)

A site plan is not required to modify a dock, or to maintain or repair a dock or shoreline access, if:

(a)

the dock or shoreline access was legally constructed; and

(b)

the work proposed does not:

(i)

require a variance or other approval from a city board or commission;

(ii)

increase the existing footprint of the dock or shoreline access;

(iii)

add, change, or replace structural components, including load bearing beams or walls, piers, pilings; or

(iv)

add new walls.

(3)

A site plan is not required to repair a bulkhead if:

(a)

the bulkhead was legally constructed;

(b)

the repair does not exceed 25% of the bulkhead or portion of a bulkhead existing on a lot or tract; and

(c)

no repair to the bulkhead was done without a site plan in the previous three years.

(K)

An exemption under this section does not waive applicable requirements for obtaining a building permit and may not include modifications to a non-complying structure, including repair or maintenance, except as provided under Chapter 25-2, Subchapter C, Article 8 (Noncomplying Structures).

Source: Section 13-1-603; Ord. 990225-70; Ord. 990520-38; Ord. 000302-36; Ord. 000831-65; Ord. 031120-40; Ord. 031211-11; Ord. 20101209-075; Ord. 20110210-018; Ord. 20130328-032; Ord. No. 20140626-112, Pt. 15, 7-7-14; Ord. No. 20160623-090, Pt. 6, 7-4-16; Ord. No. 20230720-158, Pt. 1, 7-31-23; Ord. No. 20231102-028, Pt. 37, 11-13-23.

(A)

The director shall determine whether a project is a small project described in this section.

(B)

The following are small projects:

(1)

construction of a building or parking area if the proposed construction:

(a)

does not require a variance from a water quality regulation;

(b)

does not exceed 5,000 square feet of impervious cover; and

(c)

the construction site does not exceed 10,000 square feet, including the following areas:

(i)

construction;

(ii)

clearing;

(iii)

grading;

(iv)

construction equipment access;

(v)

driveway reconstruction;

(vi)

temporary installations, including portable buildings, construction trailers, storage areas for building materials, spoil disposal areas, erosion and sedimentation controls, and construction entrances;

(vii)

landscaping; and

(viii)

other areas that the director determines are part of the construction site;

(2)

construction of a storm sewer not more than 30 inches in diameter that is entirely in a public right-of-way or an easement;

(3)

construction of a utility line not more than eight inches in diameter that is entirely in a public right-of-way;

(4)

construction of a left turn lane on a divided arterial street;

(5)

construction of street intersection improvements;

(6)

widening a public street to provide a deceleration lane if additional right-of-way is not required;

(7)

construction of five to 16 dwelling units on a lot that does not exceed a gross site area of 1.50 acres;

(8)

depositing less than two feet of earth fill, if the site is not in a 100 year floodplain and the fill is not to be deposited within the dripline of a protected tree;

(9)

construction of a boat dock as an accessory use to a single-family residential use, duplex residential use, two-family residential use, or secondary apartment special use if shoreline modification or dredging of not more than 25 cubic yards is not required;

(10)

construction of a retaining wall, if the wall is less than 100 feet in length and less than eight feet in height, and the back fill does not reclaim a substantial amount of land except land that has eroded because of the failure of an existing retaining wall;

(11)

minor development that the director determines is similar to that described in Subsections (B)(1) through (10) of this section;

(12)

the replacement of development that is removed as a result of right-of-way condemnation; and

(13)

the construction of a telecommunications tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

(C)

Notwithstanding any other provisions in this Section, construction of Shoreline Access, as defined in Section 25-2-1172, that exceeds 50 feet in length and is constructed on slopes exceeding 35% gradient does not constitute a small project.

(D)

For a small project, the director may waive a submittal requirement that the director determines is not essential to demonstrate compliance with this title. The director shall maintain a record of submittal requirements that are waived under this subsection.

Source: Section 13-1-604; Ord. 990225-70; Ord. 000302-36; Ord. 000831-65; Ord. 031211-11; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 16, 7-7-14; Ord. No. 20250306-037, Pt. 2, 5-23-25.

(A)

Except for a small project described in Section 25-5-3 (Small Projects), the director shall give notice:

(1)

under Section 25-1-133(A) (Notice of Applications and Administrative Decisions) of the filing of an application for site plan approval; and

(2)

for an application for approval of a replacement site plan described in Section 25-5-64 (Replacement Site Plan), by posting signs at the site.

(B)

This subsection prescribes the notice required for an application to construct a telecommunication tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

(1)

The director shall send notice of the application to each registered neighborhood organization in whose boundaries the proposed tower is located and to each record owner of property within 300 feet of the centerline of the proposed tower. The notice must include the tower location, the name and telephone number of the tower owner, and the telephone number of the Watershed Protection and Development Review Department.

(2)

The director shall post a sign at the street right-of-way nearest the proposed tower location. The sign must state that an application to construct a telecommunication tower at that location has been filed and include the name and telephone number of the tower owner.

(C)

This subsection applies to the initial placement of an antenna by a provider of personal wireless services, as defined by United States Code Title 47, Section 332(c)(7)(C), that is exempt from the requirement for a site plan under Section 25-5-2 (Site Plan Exemptions). The director shall mail notice of the exemption application not later than the seventh day after the application is filed to:

(1)

each notice owner of real property located within 300 feet of the proposed antenna; and

(2)

each registered neighborhood organization in whose boundaries the proposed antenna is located.

Source: Section 13-1-605; Ord. 990225-70; Ord. 000302-36; Ord. 010329-18; Ord. 031204-53; Ord. 031211-11.

(A)

An applicant may design a site plan to be constructed in development phases. An applicant shall identify development phases on the site plan and propose the dates for beginning construction of the first and final phases. The director may require that the applicant propose dates for beginning construction of all phases.

(B)

The director may approve development phasing if the date proposed for beginning construction on the final phase is not more than three years after the approval date of the site plan. Planning Commission approval is required for development phasing if the date proposed for beginning construction of a phase is more than three years after the approval date of the site plan.

(C)

The director shall approve a request for development phasing if the director determines that the site plan complies with the requirements of this subsection.

(1)

The entire development must be conducive to phasing, and each proposed phase must be a discrete and substantial part of the entire development.

(2)

Each development phase must independently satisfy the requirements of Section 25-5-43 (Site Plan Release).

(3)

If a traffic impact analysis is required, the phasing plan must implement solutions to identified traffic problems that are approved by the director.

(D)

The Land Use Commission shall approve a request for development phasing and establish dates for beginning construction of each phase if the Land Use Commission determines that the site plan complies with the requirements of Subsections (C)(1) through (3) of this section and that the applicant has demonstrated a reasonable need for the requested phasing dates.

(E)

An interested party may appeal the Land Use Commission's decision under Subsection (D) of this section to the council.

Source: Sections 13-1-608 and 13-1-611; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

For a site plan submitted for phasing under Section 25-5-21 (Phased Site Plan), the director may allow the applicant to defer the submittal of detailed engineering and drainage plans if the site plan contains sufficient preliminary engineering and drainage information to permit the director to determine whether the development complies with the requirements of this title.

(B)

If a submittal is deferred under Subsection (A) of this section, the detailed engineering and drainage plan for each phase of a site plan must comply with the requirements of this chapter for an administrative site plan.

Source: Section 13-1-610; Ord. 990225-70; Ord. 031211-11.

(A)

A fast track permit is an authorization to begin site development while an application for site plan approval is being reviewed by the City.

(B)

The director may approve a fast track permit if the director determines that:

(1)

the applicant or a person employed by the applicant has fast track certification under Section 25-5-24 (Fast Track Certification) and is responsible for the fast track development;

(2)

the site plan is located within the boundaries of an urban watershed or a suburban watershed;

(3)

the site plan requires a certificate of occupancy from the City;

(4)

the site plan does not require a variance;

(5)

the proposed fast track permit complies with the requirements of this title;

(6)

the fast track permit includes conditions of approval that will protect the environment and the public health, safety, and welfare;

(7)

the requirement for a pre-construction conference under Section 25-1-282 (Preconstruction Conference Required) is noted on the fast track permit;

(8)

the applicant has posted cash fiscal surety for erosion and sedimentation controls and revegetation for the fast track development;

(9)

the applicant has authorized the City to draw on the cash fiscal surety, enter the site, and restore the site to its original condition if the fast track permit expires or is revoked; and

(10)

if required, other governmental entities have approved the fast track development.

(C)

An approved fast track permit expires if the director determines that the site plan is denied under Section 25-5-113 (Updates). An applicant may appeal the director's determination under this subsection to the Land Use Commission.

(D)

If the director determines that development of a site does not comply with the requirements of an approved fast track permit, the director may revoke the fast track permit.

(E)

Approval of a site plan supersedes an approved fast track permit.

Source: Section 13-1-618; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The director may issue fast track certification to a person who successfully completes the required training.

(B)

The director shall adopt rules for fast track certification that include provisions for the following:

(1)

standards for certification;

(2)

the amount and type of training required; and

(3)

suspension and revocation of certification by the director.

(C)

Rules under Subsection (B)(3) of this section regarding suspensions and revocations of certification must provide for graduated sanctions.

(D)

A person whose certification under this section is suspended or revoked by the director may appeal the director's decision to the Land Use Commission. The Land Use Commission may only overturn or modify the director's decision if the Land Use Commission determines that the director abused the director's discretion in ordering the suspension or revocation.

(E)

The director may require that a person with certification under this section receive additional training.

Source: Section 13-1-619; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The director may approve an administrative site plan under Article 2 (Administrative Site Plans).

(B)

The Land Use Commission:

(1)

may approve a conditional use site plan or Hill Country Roadway Corridor site plan under Article 3 (Land Use Commission Approved Site Plans); and

(2)

may act on an appeal of the director's approval or denial of a replacement site plan.

(C)

The council may act on an appeal of the Land Use Commission's approval or denial of a conditional use site plan, Hill Country Roadway Corridor site plan, or replacement site plan.

Source: Sections 13-1-601 and 13-1-644; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

If a site plan is approved, the approval date is:

(1)

the last day that an appeal may be filed, if final approval is by the director or the Land Use Commission; or

(2)

the date of council approval.

Source: Section 13-1-614(b); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The director may release a site plan after:

(1)

the site plan is approved;

(2)

the applicant posts the required fiscal security with the director;

(3)

the time period for filing an appeal of the approval expires, or each interested party signs and submits to the director a written waiver of the right to appeal; and

(4)

if applicable, tenant notification has been provided for the period required under Section 25-1-712 (Tenant Notification Required).

(B)

Except as provided in Subsection (C), the director's release of a site plan authorizes the applicant to develop the site in accordance with the site plan.

(C)

An applicant may not begin development of site plan improvements that require a building permit until a building permit is issued. The building official may not issue a building permit until the director releases a site plan.

Source: Section 13-1-606; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11; Ord. No. 20160901-050, Pt. 8, 9-12-16.

Release of a site plan voids a previously approved site plan for property included in the released site plan.

Source: Section 13-1-607(b); Ord. 990225-70; Ord. 031211-11.

(A)

Construction management for a site plan is governed by Chapter 25-1, Article 8 (Construction Management).

(B)

Issuance of a certificate of occupancy or compliance is governed by Chapter 25-1, Article 9 (Certificates of Compliance and Occupancy).

Source: Chapter 13-1, Article XI; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsections (C) and (D) of this section, an applicant shall file a new application for site plan approval to revise a released site plan.

(B)

If the Land Use Commission considers a request to revise a planning commission approved site plan and imposes additional conditions under Section 25-5-146 (Conditions Of Approval), the applicant may withdraw the request and develop in accordance with the previously approved site plan.

(C)

The director may approve a minor revision to a released site plan if the director determines that the minor revision satisfies Subsection (D) of this section. An applicant shall submit a written request to the director identifying proposed minor revisions. A formal application or public hearing is not required. The director's approval of a minor revision shall be in writing.

(D)

A minor revision to a released site plan is a revision that:

(1)

does not have a significant effect on a neighboring property, the public, or a person who will occupy or use the proposed development;

(2)

is necessary to relocate approved building square footage or parking areas out of a condemned right-of-way area; or

(3)

is necessary to comply with the Americans With Disabilities Act.

Source: Section 13-1-607; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

An applicant may request that the director extend a site plan by filing an extension request with the director before the site plan expires.

(B)

The director shall give notice under Section 25-1-133(A) (Notice Of Applications And Administrative Decisions) of a request for an extension under this section.

(C)

The director may extend the expiration date of a released administrative site plan one time for a period of one year if the director determines that there is good cause for the requested extension; and

(1)

the director determines that:

(a)

the site plan substantially complies with the requirements that apply to a new application for site plan approval;

(b)

the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed;

(c)

the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or

(d)

the applicant has constructed a significant portion of the infrastructure required for development of the original site plan; and

(2)

the director determines that:

(a)

if a traffic impact analysis was submitted with the application for site plan approval:

(i)

the assumptions and conclusions of the traffic impact analysis are valid; or

(ii)

if the assumptions and conclusions are not valid, the applicant has submitted an addendum to the traffic impact analysis that demonstrates that traffic impacts will be adequately mitigated; or

(b)

if a traffic impact analysis was not submitted with the application for site plan approval, the applicant demonstrates that traffic impacts will be adequately mitigated.

(D)

If a site plan is associated with a project that has expired for purposes of vested rights under Chapter 25-1, Article 12, Division 3 (Expirations), the director may extend the expiration date of the site plan one time for a period of one year under the requirements of this subsection.

(1)

If the site plan substantially complies with the requirements that would apply to a new application, the director may grant an extension if the criteria in Subsection (C) of this section are satisfied.

(2)

If the site plan does not substantially comply with the requirements that would apply to a new application, the director may grant an extension if the there is good cause for the requested extension and:

(a)

the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed; and

(b)

the requirements for a traffic impact analysis under Subsection (C)(2) of this section have been met; and

(c)

one of the following requirements is met:

(i)

the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or

(ii)

the applicant has constructed a significant portion of the infrastructure required for development of the original site plan.

(E)

An interested party may appeal the director's decision under this section to the Land Use Commission. An interested party may appeal the Land Use Commission's decision on an appeal under this section to the council.

Source: Section 13-1-612; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20140612-084, Pt. 8, 6-23-14.

(A)

An applicant may request that the Land Use Commission extend the expiration date of a released site plan if the expiration date was previously extended under Section 25-5-62 (Extension Of Released Site Plan By Director), except that no extension may be granted for a site plan associated with a project that has expired under Chapter 25-1, Article 12, Division 3 (Expirations).

(B)

The Land Use Commission shall hold a public hearing on a request to extend the expiration date of a released site plan under this section before it may act on the request. The director shall give notice under Section 25-1-132(A) (Notice Of Public Hearing) of the public hearing.

(C)

The Land Use Commission may extend the expiration date of a released site plan beyond the date established by this chapter if the Land Use Commission determines that the request complies with the requirements for extension by the director under Section 25-5-62 (Extension Of Released Site Plan By Director).

(D)

An interested party may appeal the Land Use Commission's decision under this section to the council.

Source: Section 13-1-613; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20140612-084, Pt. 9, 6-23-14.

(A)

The director may approve an administrative site plan as a replacement for a zoning site plan described in Section 25-5-82(D)(3) (Expiration Of A Site Plan Approved Before January 1, 1988) if the director determines that:

(1)

except as otherwise provided in this section, the replacement site plan complies with current regulations;

(2)

if a traffic impact analysis was submitted with the application for the zoning site plan approval:

(a)

the assumptions and conclusions of the traffic impact analysis are valid; or

(b)

if the assumptions and conclusions are not valid, the applicant has submitted an addendum to the traffic impact analysis that demonstrates that traffic impacts will be adequately mitigated;

(3)

if a traffic impact analysis was not submitted with the application for the zoning site plan approval, the applicant demonstrates that traffic impacts will be adequately mitigated;

(4)

the amount of impervious cover on the replacement site plan does not exceed that approved on the zoning site plan;

(5)

the amount of building coverage on the replacement site plan does not exceed that approved on the zoning site plan;

(6)

building height on the replacement site plan does not exceed that approved on the zoning site plan by more than six feet;

(7)

the total caliper inches of trees on the replacement site plan is not less than that approved on the zoning site plan, unless a decrease is approved by the city arborist;

(8)

a restrictive covenant for the site, if any, complies with the requirements of this section;

(9)

the replacement site plan does not have a use that is more intense than permitted in the zoning site plan; and

(10)

the replacement site plan does not change a condition of approval of the zoning site plan.

(B)

An interested party may appeal to the Land Use Commission the director's determination under Subsection (A)(10) of this section of whether a replacement site plan changes a condition of approval of the zoning site plan.

(C)

A party to an appeal under Subsection (B) of this section may appeal the Land Use Commission's decision on the appeal to the council.

(D)

An appellant's statement of specific reasons for appeal that is required by Section 25-1-182 (Initiating An Appeal) may only include information directly related to the director's determination under Subsection (A)(10) of this section of whether a replacement site plan changes a condition of approval of the zoning site plan.

Source: Sections 13-1-617 and 13-1-644(a); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

This section does not apply to a site plan described in Section 25-5-82 (Expiration Of A Site Plan Approved Before January 1, 1988).

(B)

Except as provided in Subsections (C), (D), and (E) of this section, a site plan expires three years after the date of its approval.

(C)

A site plan does not expire if:

(1)

building permits required to construct all the buildings shown on the site plan are issued, and those building permits are in effect until the work is completed and certificates of occupancy are issued;

(2)

if building permits are not required to finish development of the site plan, any required site work is begun and diligently pursued to completion, and a certificate of compliance or certificate of occupancy is issued; or

(3)

a request for extension granted under Section 25-5-62 (Extension Of Released Site Plan By Director).

(D)

A phase of a phased site plan expires on the expiration date determined under Section 25-5-21 (Phased Site Plan) unless:

(1)

building permits required to construct all the buildings shown on the phase are issued, and those building permits are in effect until the work is completed and certificates of occupancy are issued; or

(2)

if building permits are not required to finish development of the phase, any required site work on the phase is begun and diligently pursued to completion, and a certificate of compliance or certificate of occupancy is issued.

(E)

Notwithstanding Subsection (D) of this section, if the first phase of a phased site plan expires, the entire site plan expires.

Source: Sections 13-1-614 and 13-1-616; Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to a site plan approved before January 1, 1988.

(B)

Except as provided in Subsections (C) and (D) of this section, a site plan approved before January 1, 1988 is expired.

(C)

If the expiration date of a site plan was extended by the director or the Land Use Commission, the site plan expires on the extended expiration date.

(D)

The expiration dates of the site plans described in this subsection are as follows:

(1)

A site plan incorporated into a planned development area agreement approved by council expires on the date established in the agreement. If the agreement does not establish an expiration date, the site plan does not expire.

(2)

A site plan approved by council before December 15, 1988 for land designated as a planned unit development zoning district does not expire.

(3)

A site plan incorporated into an ordinance zoning or rezoning the property covered by the site plan does not expire.

(4)

A site plan incorporated into a restrictive covenant that may be modified, amended, or terminated only by the mutual agreement of the council and the owner of the property does not expire except as provided by the restrictive covenant.

(E)

A person may use or develop land in accordance with an unexpired site plan described in this section if the use or development complies with the requirements of this subsection.

(1)

If an application for site plan approval was filed after August 31, 1987, development of the site plan may comply with the ordinances and regulations in effect on the date the application for site plan approval was filed.

(2)

If an application for site plan approval was filed before September 1, 1987, development of the site plan shall comply with the ordinances and regulations in effect on the date a request for a development permit is filed. The director may waive compliance with a provision of an ordinance or regulation that the director determines is not required to protect life or public safety. A waiver under this subsection shall be the minimum required to allow development in accordance with the site plan.

Source: Section 13-1-615; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

If a site plan is required under this chapter and an approved site plan expires, the director or building official may not issue a permit, certificate of occupancy, or certificate of compliance for the use or development of the land.

Source: Section 13-1-616; Ord. 990225-70; Ord. 031211-11.