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Burlington City Zoning Code

CHAPTER 170

40 - ADMINISTRATION AND PLAN REVIEW

170.40.101 - Administrator Appointed:

The Community Development Director or his/her designee shall administer and enforce the zoning regulations found in this chapter. At the discretion of the City, the Director may request and receive professional assistance for various applications. All of the information provided for the following requirements shall be provided by the applicant, and it shall be their responsibility to ensure that the information provided is accurate.

170.40.102 - Building Permits:

Prior to the construction, alteration, erection or placement of any structure within the City, a building permit application shall be issued by the Development Department. Prior to building construction (if required), lot pins based on an actual survey conducted by a registered Iowa land surveyor shall be set and if disturbed, shall be reset in the proper location.

170.40.103 - Site Plans:

In order to further promote the safe and efficient use of land and to further enhance the value of property a Site Plan Review Process for any construction is hereby required. This review is intended to supplement the review and administrative procedures which are carried out under other City policies or ordinances. The Site Plan Review Process is intended to help ensure that newly developed properties or redeveloped properties are compatible with adjacent development and that safety, traffic, over-crowding and environmental problems are minimized to the furthest extent possible.

170.40.104 - Relationship Of Site Plan:

The procedures prescribed by these guidelines are not intended to be a substitute for, or to have any bearing upon, any procedures otherwise required under these Zoning Regulations. The report of the Development Department in such cases shall be submitted, as necessary, to the proper board or commission concurrently with the application.

170.40.105 - Minor Site Plan Requirements:

For any use requesting a minor site plan approval in the District regulations, the following minimum information may be required to the Development Department prior to approval.

Minor site plans shall be used for home occupations, fences, building permits or similar uses. The varying uses may or may not require all of the information that is requested below and may, at the request of City staff, require additional information:

1.

Property dimensions.

2.

Location and dimensions of all present and proposed buildings, structures, streets, driveways, pedestrian walkways (sidewalks) and parking lots.

3.

Landscaping plans.

4.

Signage plans.

5.

Utility locations.

6.

Location map.

7.

Proposed land uses.

8.

For home occupations: the general layout of all rooms proposed for the use.

170.40.106 - Major Site Plan Requirements:

For any use requesting a major site plan approval in the District regulations, the following minimum information may be required to the Development Department prior to approval.

Major site plans shall be used for special use permits, rezoning requests, PUD proposals, MPD proposals, subdivisions, commercial or industrial development or similar uses as required by the Development Department. The varying uses may or may not require all of the information that is requested by the list below, and may, at the request of City staff, require additional information:

1.

The existing site conditions including contours at two to five foot intervals, water course, floodplains (one-hundred-year flood elevation), unique natural features, and forest cover;

2.

Proposed lot lines and plot designs;

3.

The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures (including commercial, industrial, and public facilities);

4.

The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses;

5.

The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, pedestrian walkways (sidewalks) and pathways, and major points of access to public rights-of-way (including major points of ingress and egress to the development);

6.

The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, indicating proposed treatments of points of conflict;

7.

The existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas and telephone lines;

8.

A general landscaping plan indicating the treatment of materials used for private and common open spaces;

9.

Enough information on land areas adjacent to the proposed development to indicate the relationship between the proposed development and adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape;

10.

The proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences, and walls;

11.

Proposed signage allotment plan for any multi-tenant commercial, industrial development;

12.

Any additional information as required by the Staff necessary to evaluate the character and impact of the proposed development.

(Ord. No. 3517, § 1(Exh. A), 4-17-23)

170.40.107 - Site Development Standards:

The site development standards, as required in this section, are the minimum requirements applicable to a wide variety of general development of property in this community; in addition to all other requirements of this Title. The following requirements are applied to all new development or redevelopment and as applicable, unless otherwise stated below.

1.

Landscaping - Any landscaping that is required by this regulation shall be completed prior to issuance of a Certificate of Occupancy. When an application for a Certificate of Occupancy is received at a time when planting new vegetation would not be practical or such vegetation would not survive due to the winter season, an extension may be granted until the upcoming June 1. In such case of an extension, the applicant shall provide written proof of signed contract to provide landscaping or submit a performance bond or other acceptable form of credit to the City for the completion of the required landscaping.

2.

Architectural Design - New construction or additions shall follow the requirements of Chapter 170.34 Architectural Design Guidelines, as applicable, for exterior building materials utilized in such construction.

3.

Storage - Outdoor storage of materials shall not be allowed in residential (R) or Limited Commercial (C-1) zoning districts. Outdoor storage of materials in all other zoning districts shall be suitably screened as required in Chapter 170.34 Architectural Design Guidelines.

4.

Sidewalks - Construction, redevelopment, or addition to any new principal residential, commercial, or industrial building shall require the installation and/or repair of sidewalks along all public street frontages prior to issuance of a Certificate of Occupancy for the construction; unless otherwise waived or allowed by City Council per resolution or ordinance. Sidewalks shall be required adjacent to properties with new parking lots that construct ten or more spaces.

5.

Bike Paths - Bike Paths (Recreation Trails) shall be required for new developments in accordance with the layout of the Proposed Trails System map of the Comprehensive Strategic Plan for Burlington. Minor modifications to the location of such trails may be approved by the Development Department.

6.

Drainage/Runoff - The design of the proposed development shall make adequate provisions for surface and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and downstream property so that the proposed development will not substantially and materially increase the natural flow onto adjacent downstream property.

No property shall be designed in such a manner in which runoff of water is directed directly onto a neighboring property. This shall include, but is not limited to, the design and layout of paving on such property, downspouts, natural drainage, or other items affecting runoff of water.

7.

Landscape Preservation - So far as practical, the existing landscape shall be preserved in its natural state by minimizing tree and soil removal and topographic modifications. Landscaping shall also be required as stated in Chapter 170.35, Landscape Regulations.

8.

Access/Driveways - A site plan shall be submitted for approval of any new driveway prior to construction.

9.

Demolition - Demolished sites shall be required to be seeded and maintained with grass or other approved landscape material until a time when a development proposal is submitted and approved for the property. This shall include plans for a new building, parking lot, or any other use of such property. No demolished site shall utilize gravel or be used for parking of vehicles or equipment unless such site is paved in accordance with Chapter 170.30.50 Parking Regulations.

(Ord. No. 3517, § 1(Exh. A), 4-17-23; Ord. No. 3544, 2-18-25)