This chapter, providing for the administration and enforcement of site plans, shall be known and may be cited and referred to as the “Site Plan Ordinance of the City of Clive, Iowa.”

   The purpose of this chapter is to establish minimum standards to guide the appropriate development of land, to ensure that provisions are made for adequate traffic safety, emergency access, water supply, sewage disposal, management of stormwater, erosion, and sedimentation, to minimize the adverse effects on adjacent property values, to maintain aesthetic quality of the City, thereby promoting the health, safety, and general welfare of the City. Site plan review and approval shall be required for any permitted, accessory, or conditional uses, other than single-family and duplex family residential dwellings, in any zoning district.

   The lawful use of property in which a site plan has been approved at the time of enactment of this chapter may be continued, although such use may not conform to the regulations herein. For those properties approved before the adoption of these regulations, such property shall be classified as “permitted nonconforming.” No permit shall be issued for any site development after the effective date hereof and not in substantial conformity with the provisions of this chapter. Nor shall any development requiring an approved site plan, except as herein specified, be substantially improved, converted, enlarged, or otherwise altered without conforming to the provisions of this chapter.

   1.   Preapplication. Prior to the submission of a site plan application, it is recommended that a preapplication review meeting be scheduled with the Community Development Director. The purpose of the preapplication review meeting is to begin identifying issues, communicate development requirements, and point out possible future difficulties. This evaluation is preliminary in nature and shall not be considered an intention to approve or deny any particular project and is not intended to be inclusive of the comments, but only to identify major areas of concern. The City reserves the right to supplement additional comments that may be generated during the formal review of the application.

   2.   Application Submission.

      A.   At the time of submission, the applicant shall provide the following items:

         (1)   Application form, signed by property owner.

         (2)   Proof of ownership such as deed, purchase agreement, owner consent.

         (3)   Payment of required fees.

         (4)   Six folded copies of each plan set.

      B.   If all required submittal items are not provided, the application will be deemed invalid and such submittal will be returned to the applicant as incomplete. The City will retain no record of the submittal if returned to the applicant.

   3.   Waive or Reduce Requirements. The Community Development Director may find that unusual characteristics of an application make it unnecessary for the applicant to submit all of the information for an application required by this chapter. In such cases, the Community Development Director may waive or reduce the requirements, if it is also found that the absence of such information will not inhibit the City’s ability to evaluate the compliance of the proposed site development with the standards of this chapter and any other requirements of this Code.

   4.   Review by City Officials. The Community Development Director shall immediately refer a copy of the site plan to the Public Works Director, Fire Chief, Parks and Recreation Director, and City Engineer. Each department shall review said site plan as to its compliance with the ordinances of the City, its effect upon public utilities, streets, property, and safety, and submit their findings as soon as possible to the Community Development Director. The Community Development Director shall forward the site plan and City staff report to the Planning and Zoning Commission.

   5.   Notification Signs. The City will post at least one notification sign for which a request has been made. Notification signs shall be posted once the agenda has been set for the Planning and Zoning Commission meeting and shall remain until one day after the Council review.

   6.   Review and Recommendation of Commission. The Planning and Zoning Commission shall, after receiving the site plan and City staff report, review the site plan for conformity with the regulations and design standards contained herein, and may confer with developer on changes deemed advisable in such site plan. The Planning and Zoning Commission shall forward its recommendation either for approval, approval with conditions, or disapproval of the site plan to the Council.

   7.   Public Hearing. The Chairperson of the Planning and Zoning Commission may, solely as a matter of discretion, by written order, fix a date, time, and place for a public hearing to be held by the Planning and Zoning Commission on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given. If the Planning and Zoning Commission shall hold such hearing at such date, time, and place, at such hearing all affected property owners shall be given an opportunity to be heard.

   8.   Council Decision. The Council shall, upon receipt of the recommendations of the Planning and Zoning Commission, either approve, approve with conditions, or disapprove the site plan of the proposed development.

   9.   Filing of Approved Site Plan. Upon final action by the Council on any site plan, five copies consistent with the Council’s approval shall be provided and stamped approved by the Clerk and filed with the Community Development Director. One copy of the approved site plan shall be returned to the applicant.

   1.   Site Plan Required. A site plan, consistent with the requirements as outlined in the Clive Development Standards Manual, shall be required for all commercial, manufacturing, and non-single and duplex family dwellings in residential zoning districts when new construction, expansion of existing structures, or major modification of existing structures is proposed.

   2.   Certificate of Zoning Compliance. A Certificate of Zoning Compliance shall be obtained prior to issuance of any building permit or occupancy of an existing building. In the event a Certificate of Zoning Compliance is denied, a variance may be requested from the Board of Adjustment. Such variance request shall follow the same procedure as outlined in Chapter 3 of this title. A Certificate of Zoning Compliance shall include, but is not limited to:

      A.   Name and address of proposed business.

      B.   Name and address of building owner.

      C.   Zoning classification.

      D.   Legal description.

      E.   Use or parking restrictions.

      F.   Proposed use of business.

      G.   Number of parking stalls used, and required.

   3.   Building Permit Issuance. No building permit for any structure or development within any district within which a site plan is required shall be issued until said site plan has been approved by the Council and stamped approved by the Clerk.

   4.   Expiration of Approvals. All site plan approvals shall expire and terminate 90 days after the date of such approval unless a building permit has been issued for the construction provided for in the site plan.

   5.   Extension of Time. Except as provided below, if the owner or developer of property for which a site plan has been approved, determines that an extension of time is necessary in the development schedule, or that a significant modification of the site plan would provide for a more appropriate or more practical development of the site, the owner or developer may apply for an amendment of the site plan. Any such modifications or development schedule extensions shall be reviewed by the Planning and Zoning Commission and approved by the Council.

   6.   Minor Modifications. In the case of minor modifications of the site plan or development schedule, the Community Development Director may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in this zoning ordinance. Minor modifications shall include the following:

      A.   Lighting location and fixture type.

      B.   Location, height, and style of fences and walls.

      C.   Location of trash enclosures.

      D.   Location and size of building and monument signs.

      E.   Location and construction of on-site sidewalks, except on City rights-of-way.

      F.   Location, type, and size of plantings provided the modification would have the same effective cover and screening.

      G.   Location and construction of accessory buildings of less than 400 square feet.

      H.   Location and construction of accessory structures.

      I.   Reconfiguration of architectural features, including colors, or modification of finished materials that do not alter or compromise the previously approved theme.

      J.   Minor relocation or addition of driveways or parking spaces.

   7.   Refer Minor Modifications to Commission. Nothing contained herein shall be construed to allow the Community Development Director to vary the provisions of any statute, ordinance, City policy, or previous directives of the Council. The Director shall have the discretion to refer any minor modification requests to the Planning and Zoning Commission for its review.

   8.   Site Plan Amendment. Any modification that is deemed by the Community Development Director not to be minor modification shall be required to submit a site plan amendment. Site plan amendments shall follow procedures prescribed in this Chapter 15.

   9.   Suspension of Building Permit; Order Construction Stopped. If the Community Development Director finds that any construction, or proposed construction, or occupancy of a development on a property for which a site plan has been approved will not substantially comply with the site plan as approved, or that the construction and development of the property is not being carried out in accordance with the development schedule filed with the site plan, the Community Development Director shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or the owner’s successors in interest, shall provide satisfactory proof that the site plan and schedule of development will be complied with. In no case will a zoning compliance certificate or Certificate of Occupancy be issued for any structure within the development while the building permit or the development has been suspended pursuant to this subsection. Any person aggrieved by any decision or action of the Community Development Director under this subsection may appeal such action or decision to the Council.

   10.   Granting of Certificates of Occupancy. A Certificate of Occupancy will be granted upon completion of new construction or completion of alterations or additions to existing structures. No Certificate of Occupancy shall be issued until such time as all site improvements and building construction is completed in substantial compliance with all provisions identified on the approved site plan and within all applicable building codes.

   11.   Temporary Certificate of Occupancy. A temporary Certificate of Occupancy may be issued prior to completion of the project if, in the opinion of the Community Development Director, the remaining items could not be completed due to circumstances beyond the applicant's control and the issuance of a temporary Certificate of Occupancy will not inhibit the completion of the total project, nor have an adverse effect on persons in the immediate area or nearby properties. The applicant will be required to sign an agreement to complete and post a certified check with the Community Development Department in an amount equal to the estimated cost of the remaining items to be completed. The check will be returned to the applicant with the issuance of the final Certificate of Occupancy. The agreement to complete will be accepted by the Council.

   All site plans shall provide the following information as prescribed in the Clive Development Standards Manual. The information required shall include, but is not limited to, access and circulation, parking, lighting, landscaping, buffering, drainage, and architecture.

   Said fee shall be in an amount determined by resolution of the Council from time to time. In addition to the application fee, the applicant for site plan review must also pay all cost incurred by the City for legal services, engineering services, and services of other persons or entities employed by the City for, or in any way involved in, the review and inspection of said site plan and public utility extensions contemplated thereby, including, but not limited to: street, sidewalks, water lines, sanitary sewer lines, storm sewer lines, streetlights, electric and gas lines, water retention areas, and all other improvements intended for public use or benefit constructed, or caused to be constructed by the owner, and under no condition shall said fee be refunded for failure of the City to approve said site plan.

   1.   Failure to Maintain. Failure to maintain a site in accordance with an approved site plan shall constitute a violation of this chapter, and a failure to correct such a violation within 30 days following written notice of said violation, shall render the site plan and any certificates of zoning compliance and occupancy subject to cancellation.

   2.   Failure to Acquire Approval. Failure to acquire site plan/site plan amendment approval where required, prior to construction, alteration, or other modification of a building, sign, or structure, shall constitute a violation of this chapter and a failure to correct such a violation within 30 days following written notice of said violation shall render the site plan and any certificates of zoning compliance and occupancy subject to cancellation. In addition, the Building Official shall post a stop work order relating to work in the process of completion outside the requirements of this chapter.

   3.   Penalties. Penalties for a violation of this title are outlined in Section 11-1-7 of this title.