This chapter is established pursuant to the authority conferred by 65 Illinois Compiled Statutes 5/11 through 13-1 of the Illinois municipal code. (Ord. 1831, 4-19-2005)

The purpose of this chapter is to promote the public health, safety, and welfare by aiding, to the maximum extent practicable, the joint planning and zoning commission in the planning, design, and redesign of the built environment of the city.

The provisions of this chapter are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this chapter requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of building, site and operational plans (herein referred to as BSO plans) by the city staff before the building, occupancy, and zoning permits can be issued. (Ord. 3078, 9-16-2014)

The intent of this chapter is to enhance and unify the city's visual character while avoiding monotony and repetition. These standards will also assist in fostering sound, functional, attractive and quality development according to the city's goals, objectives, and policies for its physical growth and change, as expressed in this chapter. (Ord. 1831, 4-19-2005)

Unless exempt under section 10-15.2-5, "Exemptions", of this chapter, the following types of developments in the city of Canton shall be subject to the provisions of this chapter:

   (A)   Development of residential land uses consisting of three (3) or more attached dwelling units per building, hereinafter defined as "multi-family residences".

   (B)   Development of all projects in which a principal use is a commercial, industrial, or institutional use.

   (C)   Any new accessory use to one of the principal uses listed in subsection (A) or (B) of this section, including, but not limited to, signage, lighting, accessory buildings over three hundred (300) square feet in floor area, telecommunications facilities, and exterior building alterations.

   (D)   Any addition to an existing use listed in subsection (A) or (B) of this section which existed as of April 19, 2005, that results in a total expansion of at least twenty five percent (25%) in:

      1.   Building floor area,

      2.   Outdoor storage area, or

      3.   Parking lot area over the area.

   (E)   Where developments under subsection (C) or (D) of this section are proposed, the project, building, and site shall comply with the provisions of this chapter to the extent practical, given existing site and building conditions. (Ord. 1831, 4-19-2005)

All single-family detached and two-family residences shall be exempted from the provisions of this chapter. Additionally, this chapter shall not apply to any building or land use that is listed as a permitted use within the conservation and agriculture districts in the city of Canton zoning code. (Ord. 1831, 4-19-2005)

   (A)   Initiation Of Request For BSO Plan Approval: Procedures for approval of a BSO plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

   (B)   Preapplication Meeting: The petitioner is encouraged, but not required, to first meet with the zoning administrator and other applicable city staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

   (C)   Application Requirements: Petitioner shall submit a complete BSO plan application as outlined in section 10-15.2-7, "BSO Plan Submittal Requirements", of this chapter, for staff review, accompanied by all fees and deposits which from time to time may be adopted by the city council and in effect at the time of submittal.

   (D)   Project Commencement: No building permit shall be issued and no development project under the jurisdiction of this chapter shall commence construction until the building inspector has approved the BSO plan.

   (E)   Appeals: Final actions of staff review under this chapter shall be permitted to be appealed as administrative interpretations to the joint planning and zoning commission. Actions of the full joint planning and zoning commission shall be permitted to be appealed to the city council. (Ord. 3078, 9-16-2014)

All building, site, and operational plan applications for review shall contain or include the plans listed in this section, and such other information as deemed necessary for consideration or as waived by the joint planning and zoning commission, zoning administrator, or the city council. All plans shall be drawn to a recognized scale, and include a north arrow, date of preparation, and contact information. (Ord. 3078, 9-16-2014)

   (A)   Written Description: A narrative which outlines the following:

      1.   Full name and contact information of the petitioner and/or agent, and property owner, if different;

      2.   Full name and contact information of petitioner's engineers, surveyors, architects, and other design professionals used in BSO plan preparation;

      3.   Existing zoning district(s) and proposed zoning district(s) if different;

      4.   Current land uses present on the subject property;

      5.   Proposed land uses for the subject property;

      6.   Land use designation(s) as depicted on the adopted comprehensive plan;

      7.   Description of existing environmental features existing on the property;

      8.   Projected number of residents, employees, and/or daily customers;

      9.   Proposed amount of dwelling units, floor area, open space area, and landscape surface area, expressed in square feet and acreage to the nearest one-hundredth of an acre;

      10.   Resulting site density, floor area ratio as calculated using the criteria established in this title, and green space;

      11.   Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings;

      12.   Traffic generation;

      13.   Operational considerations relating to potential nuisance creation pertaining to the appropriate design of street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials;

      14.   Material safety data sheets (MSDS) for all materials anticipated to be used or stored on site;

      15.   Exterior building and fencing materials;

      16.   Possible future expansion and related implications for subsections (A)1 through (A)15 of this section; and (Ord. 1831, 4-19-2005)

      17.   Any other information pertinent to adequate understanding by the joint planning and zoning commission or city staff of the intended use and its relation to nearby properties. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

   (B)   Site Plan: Illustrating, where applicable:

      1.   Lot area and current zoning of the site;

      2.   All existing and proposed lot lines, labeling dimensions, required minimum setbacks for buildings and other structures;

      3.   Wetlands, shoreland zoning areas, and floodplains;

      4.   Slopes of greater than twelve percent (12%);

      5.   Existing and proposed buildings, indicating gross floor area and capacity;

      6.   Other structures, such as accessory structures, fences, etc.;

      7.   Parking lots, vehicle and pedestrian circulation and driveway areas, loading areas, and proposed ingress and egress to the site;

      8.   Calculations for determining the number of off street parking spaces as required by the Fulton County zoning code;

      9.   Outdoor storage areas, dumpsters, and proposed screening;

      10.   Adjacent streets and land uses, including all buildings within fifty feet (50') of the site's boundaries.

   (C)   Tree Survey Plan: As outlined in subsection 10-15.2-10(A)2 of this chapter.

   (D)   Landscape Plan: All existing plantings and all proposed new landscape plantings for the site, indicating their locations, quantities, species, size at time of planting, and size at maturity.

   (E)   Grading, Erosion Control, And Stormwater Plans: As required to meet all applicable city, county, and state requirements, and including existing and proposed surface elevations of the lot. (Ord. 1831, 4-19-2005)

   (F)   Building Elevations: Depicting and describing the dimensions, colors, and materials proposed for all exterior building sides and roofs, along with building mounted lighting, signs, and mechanical units. The joint planning and zoning commission may also require building material samples. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

   (G)   Sign Plan: Including the location, height, dimensions, color, materials, lighting and sign copy area of all proposed exterior signage.

   (H)   Exterior Lighting Plan: Applicants shall submit a unified lighting plan with final plan applications for all commercial developments subject to these lighting standards. Illustrating the location, height, type, design, orientation, anchorage, and wattage of all proposed outdoor lighting, and including a photometric plan for projects proposed to have more than three (3) outdoor lighting fixtures. A photometric plan typically prepared by a lighting professional and shows spot illumination levels at regularly spaced intervals on the lot and at all lot lines, along with average proposed illumination levels on the lot as a whole to show compliance with the lighting standards is required. The calculations shall be measured at grade for lighting levels within the development site. A cut sheet of proposed fixtures, including a candlepower distribution curve, shall also be submitted. All development lighting proposals shall comply with the criteria of the Illuminating Engineering Society (IES) recommendations for outdoor lighting. (Ord. 1831, 4-19-2005)

The joint planning and zoning commission or city council may waive or modify any design standard contained in this chapter to encourage the implementation of alternative or innovative practices that implement the intent of the modified standard(s) and provide equivalent public benefits without significant adverse impacts on surrounding development. The joint planning and zoning commission or city council may grant any such modifications, if approved by a simple majority of all members in attendance.

In granting a modification, the joint planning and zoning commission or city council may require conditions that will substantially secure the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties, including, but not limited to, additional landscaping or buffering. (Ord. 3078, 9-16-2014)

If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted codes, ordinances, or regulations of the city of Canton or Fulton County, the more restrictive provision will control unless otherwise expressly provided. (Ord. 1831, 4-19-2005)

The following design standards shall be applied in the preparation of plans as specified in section 10-15.2-7, "BSO Plan Submittal Requirements", of this chapter, and shall be used by the city staff and the joint planning and zoning commission to evaluate such plans. (Ord. 3078, 9-16-2014)

   (A)   Site Preparation Requirements:

      1.   Engineering:

         (a)   Grading: Modifications to preexisting landforms, terrain, and vegetation shall be minimized. Site grading shall reflect the natural contours of the land and the contours of adjacent properties. Abrupt or unnatural appearing grading design shall not be permitted. Created slopes shall be no steeper than three vertical feet for every one horizontal foot (3:1).

         (b)   Retaining Walls: Where a retaining wall is necessary, it shall be designed to not exceed eight feet (8') in total height, shall be set back from lot lines, and shall be constructed with stone or masonry. Terracing shall be considered as an alternative to the use of tall or prominent retaining walls, particularly in highly visible areas on hillsides. Terraces within staggered retaining walls shall be at least four feet (4') in width and landscaped.

         (c)   Drainage: Development shall be planned and constructed so that all surface drainage meets the standards of applicable city, county, and state erosion control and stormwater management regulations, and does not adversely affect neighboring properties. Stormwater management facilities, such as basins and conveyance routes, shall be located, designed, and landscaped to be an integral and attractive part of the site, with an emphasis on curvilinear shapes and natural edge vegetation. (Ord. 1831, 4-19-2005)

      2.   Tree Preservation:

         (a)   The site plan shall be designed to preserve a majority of existing high quality, mature, healthy, nonplantation trees and woodlands. "Mature trees" are defined as trees with a diameter at breast height (dbh) of over twelve inches (12"), and "woodlands" are defined as nonplantation, continuous wooded areas where at least fifty percent (50%) of the trees meet this dbh standard. Such trees and woodlands shall be included in the site plan submittal under subsection 10-15.2-7(B) of this chapter. The joint planning and zoning commission may allow for credit against the landscaping requirements in subsection 10-15.2-10(B)3 of this chapter for preserved mature trees and woodlands. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

         (b)   Trees identified for preservation on the approved site plan shall be protected during construction with barrier fencing installed near the drip line. If a tree or woodland designated for preservation is, in fact, removed or substantially damaged during site clearing, grading, or construction, the property owner shall replace the removed or damaged tree with a new tree of similar species or with a species native to Fulton County, and with a minimum dbh of 2.5 inches.

   (B)   Site Layout/Development Pattern:

      1.   Building Orientation/Placement:

         (a)   Orientation: The proposed building orientation should respect the orientation of surrounding buildings and the orientation of surrounding streets. Building facades shall be oriented parallel to the primary abutting street. Buildings shall be oriented so that entrances are clearly identifiable and directly accessible from the street and parking areas.

         (b)   Placement: Building and structures shall be sited to ensure that site circulation promotes contiguous pedestrian and vehicle circulation patterns and that parking areas provide safe and efficient access to buildings.

         (c)   Surroundings: Buildings shall relate appropriately to surrounding developments and streets and create a cohesive visual identity and attractive street scene.

         (d)   Setbacks; Active Walls: Deep building setbacks behind large expanses of parking areas or vacant land shall be avoided. For multi-tenant buildings, the "active" wall shall be oriented toward the primary abutting street. The "active" wall shall be the side of the building containing the majority of storefronts, customer entrances, and windows.

         (e)   Multiple Building Development Layouts: Linear, "strip commercial" development patterns shall be avoided. Buildings and development shall be arranged and grouped so that their orientation complements adjacent, existing development and frames the corner of an adjacent street intersection, pedestrian and/or vehicle accessway within the development site; and parking areas, public spaces, or other site amenities.

         (f)   Traditional Neighborhood Development: This is intended to promote the development and redevelopment of land through compact, mixed use neighborhoods where residential, commercial and civic buildings are within close proximity to each other; with interconnected circulation and open space systems; and with careful attention to the design, layout, and relationships between different land uses.

      2.   Site Access, Circulation, And Parking Requirements:

         (a)   Access And Circulation: All developments shall provide safe, efficient, and convenient vehicular and pedestrian access and circulation patterns within and between buildings, both within the site and to adjacent sites. All elements of the site design shall accommodate access requirements of emergency vehicles and services.

         (b)   Primary Entrances: The number and location of vehicle entrances shall be consistent with the existing or anticipated design of adjacent streets. The specific location of primary vehicle entrances are subject to the approval of the Illinois department of transportation, Fulton County highway department, and/or the city of Canton and will be largely dependent on: the location of existing or planned median breaks; separation requirements between the entrance and major intersections; separation requirements between adjacent entrances (or minor intersections); the need to provide shared access to adjacent parcels of land; the need to align with previously approved or constructed access points on the opposite side of the street; and the minimum number of entrances needed to move traffic onto and off the site safely and efficiently.

         (c)   Internal Circulation: Internal vehicle circulation patterns shall provide a clear and direct path to the principal customer entrance of the primary building, to outlot sites, and to on site and adjacent parking areas.

         (d)   On Site Delivery Circulation And Loading: Developments shall be required to provide loading and delivery facilities separate from customer parking and pedestrian areas.

         (e)   Cross Access To Adjacent Properties: To the maximum extent feasible, connections between development sites shall be provided by providing access points continuous to the adjacent development. The city may require access easements to ensure that all development sites and adjacent parcels are afforded adequate access in perpetuity.

         (f)   Pedestrian/Bicycle Facilities: A system of walkways shall provide direct access and connections to and between building entrances, parking lots, and sidewalks and paths in public rights of way or adjacent properties. Where walkways cross vehicular routes, striping or other appropriate markings shall be provided to improve visibility and safety. Convenient bicycle parking lots and facilities shall be provided, such as a bicycle rack close to the main customer and/or employee entrance.

         (g)   Outdoor Storage Of Materials And Products: Site plan design shall consider areas to store vehicles, manufactured goods and raw materials to ensure minimal impact on neighboring uses and the public. Outdoor storage shall be prohibited in required front, side, and rear yards. Permanent outdoor storage shall be screened by landscaping or materials compatible with the building's architecture as outlined in subsection (B)3, "Landscaping And Screening", of this section.

         (h)   Off Street Parking Requirements: All developments shall comply with chapter 14 of this title.

         (i)   Off Street Parking Layout And Design:

            (1)   Siting Requirements: A minimum of fifty percent (50%) of the off street surface parking spaces provided for all uses contained in the development's primary building shall be located other than between the front facade of the primary building and the primary abutting street (e.g., to the rear or side of the principal building(s)).

            (2)   Layout And Design: The parking field in which the main activities of parking and travel are conducted shall have a landscape island with a minimum size of two hundred (200) square feet (10 feet by 20 feet) at the minimum rate of one island for every ten (10) parking spaces. Landscaping is addressed in subsection (B)3 of this section.

      3.   Landscaping And Screening:

         (a)   Entryways: Development entryways shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, and ground covers.

         (b)   Street Trees: Street trees shall be installed along the public right of way for all developments. Street trees shall be illustrated on the landscape plan and shall be required in addition to any proposed on site landscaping. Street trees shall be planted at forty foot (40') intervals.

         (c)   Parking Lot: Parking lot landscaping shall be utilized to minimize the expansive appearance of parking lots and provide shaded parking areas. The primary landscaping materials used in, and at the perimeter of, parking lots shall be trees, which provide shade or are capable of providing shade at maturity.

The perimeter of the parking area shall provide for a landscaped area in which trees and shrubs will be planted to screen parking areas from view and to allow snow storage capacity. Perimeter plantings shall be at the rate of one tree and/or grouping of three (3) or more shrubs for every forty (40) linear feet.

         (d)   Building Foundation Landscaping: Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, and ground covers. Planting shall be massed and scaled as appropriate for the building.

         (e)   General Yard Areas: The development site should include additional general planting materials to provide visual appeal to the site. Groupings of shrubs with ornamental trees should be used.

         (f)   Plant Materials: The use of native plant species is strongly encouraged. Effective use of earth berms, existing topography, and preexisting, high quality vegetation is also encouraged as a component of the landscaping plan.

         (g)   Planting Size Specifications: Deciduous trees shall be 1.5 inch to 2.5 inch minimum dbh. Coniferous trees shall be a minimum height of six feet (6'). Shrubs, hedges, and similar plantings shall be a minimum of twenty four inches (24") in height or the two (2) gallon variety. All planting materials shall be guaranteed for a period of one year from the date of planting. The installation of seed or sod shall be required for all yard areas.

         (h)   Service Area Screening: To the maximum extent feasible, areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such service areas shall not be visible from abutting streets or properties. Screening materials shall be the same as, or of equal quality to, the materials used for the principal building and landscaping.

         (i)   Dumpster Enclosures: Trash enclosures shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. Trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view) which are designed to be compatible with the project architecture, and shall not be located in a street yard.

         (j)   Mechanical/Utility Screening: Mechanical/utility screening shall be an integral part of the building structure and architecture and not give the appearance of being "tacked on" to the exterior surfaces. All mechanical equipment and utilities shall be screened.

         (k)   Outdoor Storage, Sales, And Display Areas: Nonenclosed areas for the storage and sales shall be permanently defined and screened with landscaping, walls and/or fences. Materials, colors, and design of screening walls and/or fences, and of any covering for such area, shall be compatible with those used as predominant materials and colors on the primary building(s). The height of stored or displayed inventory shall not exceed the height of the screening wall or fence. In addition, all fences/walls shall comply with the standards set forth in subsection (B)3(l), "Fencing And Walls", of this section.

         (l)   Fencing And Walls: All fencing should be designed as an integrated part of the site, and shall comply with section 10-15-27 of this title. Retaining walls shall comply with the standards outlined in subsection (A)1(b) of this section.

      4.   Exterior Lighting: All development lighting proposals shall comply with the criteria of the Illuminating Engineering Society (IES) recommendations for outdoor lighting.

         (a)   General Standards:

            (1)   Locations: No exterior light fixture may be located within three feet (3') of a property line. (Ord. 1831, 4-19-2005)

            (2)   Luminaires: All luminaires/lamps shall be high pressure sodium vapor type. For applications where "true color" renditions are required, the joint planning and zoning commission may approve the use of metal halide lamps for illumination. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

            (3)   Fixtures: All off street lighting over one hundred fifty (150) watts shall be ninety degree (90°) downcast, cutoff fixtures. Drop lens fixtures are prohibited.

            (4)   Fixture Height: The total height of all fixtures for nonresidential developments shall not exceed thirty five feet (35') as measured from grade to top of the fixture, including base. Residential lighting fixtures shall not exceed fifteen feet (15') in height as measured from grade to top of the fixture, including base.

            (5)   Base: The base for all lighting fixtures shall be no greater than six inches (6") as measured from grade. Lighting fixtures should be located inside landscape islands or behind curb lines for protection.

            (6)   Maximum Lighting Levels Or Intensity: Lighting "hot spots" shall be avoided as indicated on the photometric plan. The average illumination levels within parking lots for residential districts shall not exceed 1.0 foot-candle, and 2.5 foot-candles for nonresidential districts.

            (7)   Lighting Level At Property Line: A maximum of 0.5 foot-candle of light trespass at the property line is permitted.

            (8)   Glare: Lighting shall be positioned so as not to cause glare on adjacent properties and streets.

         (b)   Building Mounted Lighting: Building mounted lighting may be used to highlight architectural features or primary customer or building entrances. General floodlighting or the neon outlining of building facades is not permitted.

         (c)   Canopy Lighting:

            (1)   The maximum average maintained foot-candles under a canopy shall be twenty (20) foot-candles. Areas outside the canopy shall be regulated by the standards in this subsection (B)4.

            (2)   All canopy fixtures shall be recessed, incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy. (Ord. 1831, 4-19-2005)

   (A)   General:

      1.   Architectural Style: Style is not restricted; evaluation of the appearance of a project shall be based on professional quality of its design, relationship to surroundings and the community.

      2.   Corporate Identity: Corporate identity may be apparent yet reserved in its display.

      3.   Four-Sided Architecture: Continuing an architectural theme on all exposed exterior surfaces through the use of the same building materials shall be required.

   (B)   Building Scale And Facade Treatments:

      1.   Building Scale: Height and scale of new development should be compatible with that of surrounding development. New development height should transition from the height of adjacent development to the maximum height of the proposed structure. Building scale shall be reduced through the proper use of window patterns, structural bays, roof overhangs, siding, awnings, moldings, fixtures, and other details.

      2.   Building Facades: Building facades should be articulated by using color, arrangement or change in materials to emphasize the facade elements. The planes of the exterior walls may be varied in height, depth or direction. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, awnings, trim detailing, and exterior wall materials.

      3.   Building Materials:

         (a)   Multi-Family Residential, Commercial, And Planned Business:

            (1)   Materials shall have good architectural character (i.e., strength, durability and quality) and shall be selected for harmony of the building with adjacent buildings and the surrounding community. Buildings shall have the same materials, or materials that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public streets.

            (2)   Brick, architectural panels, precast concrete, decorative (architectural) masonry block shall be utilized for the exterior treatment composed of all buildings.

            (3)   Natural materials (i.e., cedar siding, stonework) are preferred materials for the exterior treatment of structures.

            (4)   Metal or steel external siding shall not be permitted as a construction material. The use of metal for roofing material shall be strongly discouraged.

            (5)   Exterior insulation and finish system (EIFS) or dryvit are permitted building materials and shall be approved by the joint planning and zoning commission based upon context and overall site design.

         (b)   Planned Industrial:

            (1)   Materials: Materials shall have good durability and quality and shall be selected for compatibility with adjacent buildings and the surrounding developments.

            (2)   Facade: The facade of any building facing a public right of way shall be faced with brick, brick veneer, architectural panels, precast concrete, decorative (architectural) masonry block, stone, glass, or similar materials. Metal siding shall not be utilized for any building elevation abutting a public right of way.

            (3)   Elevations: Building elevations along a public right of way shall wrap around a minimum of twenty feet (20') or to a natural dividing point approved by the joint planning and zoning commission. Elevations facing side or rear yards shall be finished with materials complementary to the street elevations. Side and rear elevations that do not incorporate a significant proportion of the building material outlined above shall incorporate enhanced landscape and screening measures. Appropriateness and effectiveness shall be subject to joint planning and zoning commission approval.

The use of staggered facades, articulated entryways, canopies, awnings, bays, doors, windows, and variations in rooflines are strongly encouraged. Entries to industrial structures should portray a quality office appearance while being architecturally tied into the overall mass and building composition. (Ord. 3078, 9-16-2014)

            (4)   Building Colors: Building colors shall contribute to the desired character and image of the city, and with the applicable standards expressed in the city of Canton comprehensive plan. Modifications to standardized prototype and corporate franchise designs may be required.

               A.   Colors utilized in the project design shall be nonfluorescent, with bright or brilliant colors avoided. Earth tones such as gray, green, brown, burgundy, and tan are encouraged. (Ord. 1831, 4-19-2005)

               B.   All proposed color schemes shall be reviewed by the joint planning and zoning commission on their individual merit. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

            (5)   Service And Loading Areas: Loading docks, truck parking, outdoor storage, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

               A.   Loading facilities shall be located at the rear or side of the development, and shall not be located in a required street yard setback. Loading facilities shall not be located within fifty feet (50') of lands zoned or used for residential purposes.

               B.   Loading facilities shall be provided access to a public street and shall not interfere with a public right of way. In no instance shall loading areas rely on backing movements into a public right of way. (Ord. 1831, 4-19-2005)

   C. Screening for loading areas shall be incorporated in the required landscape plan. A combination of elements, including berms, walls, and plantings should be utilized to provide effective screening of loading areas. For double frontage lots, especially those abutting arterial and collector roadways, enhanced landscape and screening measures shall be incorporated into the site and landscape plans. Appropriateness and effectiveness shall be subject to joint planning and zoning commission approval. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

            (6)   Multiple Buildings On A Development Site: Multiple buildings on the same site shall be designed to create a cohesive visual relationship between the buildings. (Ord. 1831, 4-19-2005)

            (7)   Construction Phasing: When there is no alternative but to leave portions of a phased project in an unfinished state over a period longer than one year (e.g., expansion wall on industrial building), a mitigation plan shall be submitted and approved by the joint planning and zoning commission to ensure acceptable site conditions will be maintained. (Ord. 1831, 4-19-2005; amd. Ord. 3078, 9-16-2014)

Proposed signage for all developments shall comply with section 10-15-24 of this title. (Ord. 1831, 4-19-2005)

Compliance in perpetuity shall be required. Any BSO plan granted through the authority of this section shall be perpetually binding upon the development to the extent that: all buildings and structures shall be maintained in a tasteful, safe and appropriate manner; all landscaping shall be periodically groomed and/or replaced when necessary; all drive, parking and pedestrian areas shall be kept in a safe and passable condition; and all natural areas and environmental areas identified for protection shall be maintained in a manner which preserves their aesthetic and natural function. All repairs and maintenance shall be executed in a timely manner. (Ord. 1831, 4-19-2005)

Where modification to an approved BSO plan is requested, the zoning administrator or his designee is authorized, upon review of the proposal, to make a determination that the modification is either a nonsubstantial change or a substantial change to the approved BSO plan. Where it is determined that the modification is nonsubstantial, the economic development director or his designee may approve the modification. Where it is determined that the modification is a substantial change to the approved BSO plan, said plan shall be revised and reviewed by the joint planning and zoning commission pursuant to the procedures of sections 10-15.2-4 and 10-15.2-6 of this chapter, so as to clearly and completely depict any and all proposed modifications to the previously approved BSO plan, prior to the initiation of said modifications. (Ord. 3078, 9-16-2014)