Forms. Applications required under this Code shall be submitted to the Director of Public Works. The Director of Public Works is authorized to modify the application forms and submittal requirements as deemed necessary in the Director of Public Works' discretion.

Fees. Applications shall be accompanied by a non-refundable fee established by the Board of Aldermen. Any application that does not include the required fee shall be returned to the applicant as incomplete. Fees shall not be required with applications initiated by the staff, Planning Commission, or Board of Aldermen.

Eligible Applicants. The following are eligible for each particular application under this Code:

Dates of regular meetings of review bodies and decision makers that comply with all legal requirements for notice and public meeting deadlines;

Deadlines for receipt of a complete application for consideration at a particular meeting;

The scheduling of staff reviews, agency reviews, and staff reports on complete applications; and

The steps and benchmarks in the application process (including required notice requirements, public meetings, public hearings, decision meetings and review by other bodies).

Pre-application meetings may be requested by the Director of Public Services or the City Planner for any application and shall be required when indicated in subsections below. Where required, the applicant shall confer with the Director of Public Works, the City Planner, and other City officials designated by the Director of Public Works. The purpose of the pre-application meeting is to discuss the general nature of the proposal, including:

A required pre-application meeting may be waived at the Director of Public Services' discretion and upon the applicant's request for any application that is routine in nature and where the above topics can be addressed by general correspondence.

Notification of incomplete application. If the Director of Public Services determines that an application is incomplete within, the Director of Public Works shall notify the applicant of the specific ways in which the application is deficient within fifteen (15) days of submittal, and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within thirty (30) days of the notice, the incomplete application is deemed rejected.

Scheduling.

Staff Report. The Director of Public Works shall prepare a staff report in light of the appropriate policies, plans and regulations. The Director of Public Works shall provide a copy of the report to the review body and to the applicant before the scheduled meeting.

Published. Where published notice is required, at least fifteen (15) days, but not more than thirty (30) days prior to the public review, notice shall be published in a newspaper in general circulation in the City.

Posted. Where posted notice is required, the City shall post notice on property that is the subject of the application within public view at least fifteen (15) days before the scheduled review. The City will furnish the sign(s) for posting.

Mailed. Where mailed notice is required, the applicant shall provide names and addresses of all owners of record within three hundred (300) feet of the boundaries of the property. At the expense of the applicant, the Director of Public Services shall mail notice of the time, place and nature of the hearing by mail at least fifteen (15) days prior to the public review. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.

The hearing shall be conducted and a record of the proceedings shall be preserved, as the specific review body may prescribe by rule.

Any interested person or party may appear and be heard in person, by agent, or by attorney.

The review body may request a report on the application from any government official or agency, or any other person, firm or corporation with information pertinent to the application. A copy of any requested report shall be made available to the applicant and interested parties, and shall be available for review in the office of the City Planner.

A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a specific date, time and location announced at the original public hearing.

Approve the application.

Approve the application with conditions or modifications.

Deny the application.

Continue the application to allow further analysis. The continued application shall not be more than 60 days from the original review without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.

Appeals shall be filed with the Director of Public Works within fifteen (15) days of the decision by the decision-making review body.

The following persons and entities shall have standing to appeal the action of the review body:

The review body designated as the appellate body shall consider the application as a new matter, and within sixty (60) days of the date that the appeal was filed may take any action authorized by the decision-making review body. The procedure and required notice shall be the same as required of the original application.

Where this Chapter provides that the Planning Commission sits as a decision-making review body, or as an appellate body, and where no provision is expressly provided for review by the Board of Aldermen, the Board of Aldermen shall have the power to review the Planning Commission's decision.

Not later than forty-eight (48) hours after a decision of the Planning Commission that is subject to power of review, the City Planner, or his/her designee, shall notify the Mayor and Board of Aldermen, in writing or via e-mail, of such decision. Within five (5) days after receipt of such notice of a decision by the Planning Commission, any member of the Board of Aldermen or the Mayor may request to exercise power of review of any Planning Commission decision by notifying the City Planner or the City Administrator, in writing or via e-mail. If the City Planner or the City Administrator receives a timely request to exercise power of review, the Planning Commission's decision shall be stayed, and the request shall be added to the agenda for the next meeting of the Board of Aldermen. At this meeting, the Board of Aldermen, upon motion adopted by a majority of those members of the Board of Aldermen who are present, may exercise the power of review of such decision. If a timely request is not received by the City Planner or the City Administrator, or if, after a timely request, a majority of those members of the Board of Aldermen who are present do not approve a request for power of review, the decision of the Planning Commission shall be final. The City Planner or the City Administrator shall notify an applicant if a Board member or the Mayor has requested to exercise power of review. If the City Planner, or his/her designee, fails to notify the Mayor and Board of Aldermen of a decision by the Planning Commission, as required by this Subdivision, the Mayor or any member of the Board of Aldermen may exercise power of review within fourteen (14) days of the Commission's decision. Such power may be exercised by the Mayor or member of the Board of Aldermen in the manner set forth in this Subdivision. Any decision, approval or recommendation of the Commission shall be stayed and suspended until the Board of Aldermen has reviewed as set forth herein.

Upon adoption of the motion to exercise the power of review and before acting on the application, the Board of Aldermen shall set the matter for hearing at its next regular or special meeting. The Board of Aldermen shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in reference to the application before the Planning Commission.

Board Of Aldermen's Decision. Following the hearing by the Board of Aldermen on an application, the Board of Aldermen may, by an affirmative vote of a majority of the authorized membership of the Board of Aldermen, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission.

Forms. The application shall be signed by the applicant and shall state name and address, as well as:

Fee. Fees shall be applied according to Section 26-8A.2.

Applicants.

Text Amendments: According to Section 26-8E.1.

Zoning Map Amendments (Rezoning): According to Section 26-8E.

Planning Commission. Each application shall be presented to the Planning Commission for its report and recommendations. The Planning Commission shall consider an application not later than the second regular monthly meeting of the Planning Commission after all required documents are filed The Planning Commission shall hold a hearing in compliance with Section 26-8F. The Planning Commission shall recommend approval, conditional approval, or denial of the application and shall file its report and recommendation with the Board of Aldermen.

Review Criteria. A Zoning Map or text amendment shall be reviewed by the Planning Commission and the Board of Aldermen, and consideration shall be given to the following criteria:

General Factors For Evaluation. The City staff and Planning Commission evaluation process will consider the basis for designation of a planned development zoning on one (1) or more of the following factors:

Intention. In addition, the planned development process is intended to:

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

Diversification in the uses permitted and variation in the relationship of uses, structures, open space, and height of structures in developments intended as cohesive, unified projects.

Functional and beneficial uses of open space areas.

Preservation of natural features of a development site.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

Rational and economic development in relation to Public Services.

Efficient and effective traffic circulation, both within and adjacent to the development site.

Planned Development-Residential (PD-R): planned developments involving residential uses only.

Planned Development-Commercial (PD-C): planned developments involving commercial uses only.

Planned Development-Manufacturing (PD-M): planned developments involving manufacturing uses only.

Planned Development-Mixed Use (PD-MXD): planned developments involving a mixture of residential and non-residential uses.

Preliminary Development Plan Process. A preliminary development plan is a generalized development plan for the entire area proposed to be included within a planned development. The purpose of a preliminary development plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A preliminary development plan shall include a minimum of 2.5 acres. However, as part of the review and approval process for the preliminary development plan, this minimum site size may be waived by the Board of Aldermen upon recommendation by the Planning Commission if the parcel in question has certain unique characteristics, such as, but not limited to, significant topographic change, significant trees or wooded areas, wetlands, floodplain areas, soil conditions, utility easements, or unusual shape or proportions; or, if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Board of Aldermen should determine such waiver to be in the general public interest. Additions to previously approved preliminary development plans may be considered an amendment to that plan and do not require a minimum size.

Final Development Plan. Within nine (9) months following approval of the preliminary development plan, but at least thirty (30) days before the next regularly scheduled meeting of the Planning Commission, the petitioner shall submit a final development plan to the Planning Commission for its review and consideration to determine if the final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one (1) phase, or a phase of the planned development if it consists of more than one (1) phase. In the event that any proposed final development plan is submitted more than nine (9) months after approval of the preliminary development plan, the matter shall be referred to the Board of Aldermen for reconsideration of the preliminary development plan approval.

The area regulations and performance standards applicable to each planned development by designated district classification shall be as follows:

Other requirements and standards of this Chapter applicable to site and landscape design, access and parking, sign regulations, environmental performance standards, floodway/floodplain management, and subdivisions may also apply as contained in the following articles, depending on the Planned Development District being proposed:

Subject to the application and review process for the preliminary development plan as previously specified in Subsection E, above, the approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations and such additional requirements as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development; and further, that no modification of the above-referenced regulations shall be allowed when such proposed modification would result in:

The burden of proof that the criteria above are not being violated shall rest with the developer and not City staff or the Planning Commission.

No approval of a final development plan shall be valid for a period longer than twelve (12) months from the date of approval unless within such period a building permit is obtained and construction is commenced.

The Board of Aldermen may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the Board of Aldermen has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms, and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this Section, whereby it shall be considered an entirely new application.

Should a request for extension of an approved final development plan contain substantial changes, as determined by the Director of Public Services, the Director of Public Works shall require the applicant to re-file his application subject to the requirements of this Section as if it were an entirely new application.

Tendency to generate excessive traffic.

Detrimental effect upon the value or potential development of other properties in the neighborhood resulting from noise, odors, lighting, or other environmental conditions.

Extraordinary potential for accidents or danger to public health or safety.

Require a case-specific review to determine the compatibility in a specific context and location within a particular district.

Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning Commission and shall be filed with the Director of Public Works. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:

Burden Of Proof. In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:

Staff Review. Upon receipt of a completed application, either for a site-specific conditional use request, or one (1) submitted in conjunction with a proposed planned development submitted in conjunction with the provisions of Article III, Section 26-10, Planned Development, or a change of zoning request in conjunction with the provisions of Article III, Section 26-9, Zoning Map And Text Amendments, the Director of Public Works shall institute an administrative review of the application supporting documents by all affected City departments in compliance with Section 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.

Planning Commission Review. The Commission shall consider an application at a public hearing, subject to the requirements in Section 26-8F, not later than the second regular monthly meeting of the Commission after all required documents are filed. Notice of the public hearing shall be in compliance with Section 26-8E. The Commission shall recommend approval with specified conditions upon such items as described in Section 26-11G or denial of the application in accordance with the burden of proof and review criteria and shall file its report and recommendation with the Board of Aldermen.

A hearing on an application for a conditional use permit shall be commenced by the City Administrator, or his/her designee, filing a writing describing the application, the relief sought, and the reasons for granting such relief. The applicant, or any intervening party, may file responsive writings or motions.

The City Clerk shall mail notice of the hearing to the applicant, to all property owners within the City limits whose property lies within three hundred (300) feet of that which has been requested for a conditional use permit, and additional necessary parties, if any as determined by the City Clerk, and shall keep a record of all parties receiving notice. The notice shall consist of the caption and number of the case, shall state that an application for a conditional use permit has been filed, the date of filing, a brief statement of the matter, and the date of the hearing on such application.

Discovery shall be permitted to the extent provided by Sections 536.063 et seq., RSMo., and reasonable time shall be provided for the parties to conduct discovery. Subpoenas may be issued in the manner provided by Section 536.077, RSMo.

At the hearing, the rules of evidence described in Section 536.070, RSMo., shall apply. Evidence shall be taken only on oath or affirmation, and all proceedings shall be recorded electronically or transcribed. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.

The City Administrator, or his/her designee, shall present evidence to the Board of Aldermen on behalf of the City regarding the application. The applicant and any intervening party may be represented by counsel, if desired. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Affidavits may be submitted in the manner provided by Section 536.070, RSMo. The Mayor shall serve as presiding officer at all hearings and shall make any ruling required during the course of such hearing, but shall not vote except in case of a tie.

After the hearing, the Board of Aldermen shall render a decision and direct the City Attorney to prepare a written order which shall be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the Board of Aldermen bases its order. Immediately upon deciding upon an application, the City Clerk shall give written notice of the decision of the Board of Aldermen by delivering or mailing such notice to each party, or his attorney of record, and shall, upon request, furnish him with a copy of the decision, order, and findings of fact and conclusions of law.

With the exception of the requirements that the hearing be recorded or transcribed, and for the issuance of findings of fact and conclusions of law, the City, the applicant, and intervening parties, if any, may waive any or all procedural formalities set forth above in this Subsection by mutual consent.

Any person who is aggrieved by a final decision regarding an application for a conditional use permit shall be entitled to judicial review thereof, as provided in Sections 536.100 to 536.140, RSMo.

Substantially increase traffic hazards or congestion.

Adversely affect the visual coherence, predominant usage, or development character of surrounding or adjacent neighborhoods.

Substantially increase fire, health, or any other public safety hazards, or make difficult access by fire and emergency vehicles.

Adversely affect the general welfare of the community.

Overtax public utilities, services, or other municipal facilities.

Be developed and operated in a manner that is incompatible with the goals and objectives of the Comprehensive Plan for this area of the City or that would be physically and/or visually incompatible with the permitted uses in the surrounding areas.

Substantially increase stormwater drainage onto other lots.

Create a nuisance.

Lot coverage requirements.

Floor area ratio.

Height limitations.

Minimum yard requirements.

Internal site access and circulation.

Public roadway improvements adjacent to the site.

Off-street parking and loading requirements.

Lighting regulations.

Sign regulations.

Stormwater and sanitary sewer requirements.

Landscaping requirements.

Exterior architectural treatments.

Operational schedule.

Environmental performance standards.

Time limitations upon the commencement and duration of construction or operations of the use.

Requirements for non-profit and/or institutional uses to make payments in lieu of taxes to offset any impact on City services of the proposed use, in accordance with the City's Comprehensive Plan.

When Effective. The permit shall become effective upon approval by the Board of Aldermen. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

Time Limit Of Conditional Use Permits. Conditional use permits shall be valid for an unlimited period, unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Board of Aldermen, which may extend it for an unlimited period or for a specified additional period of years. If a use permitted by a conditional use permit ceases for a period of six (6) months, such conditional use permit shall expire, unless a different period is specified in a particular permit.

Failure To Commence Construction Or Operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or, where construction is not required, operation of the conditional use shall commence within six (6) months of the approval of the conditional use permit by the Board of Aldermen, unless an extension is granted as provided herein. Prior to the expiration of six (6) months, the applicant may request, in writing, an extension from the City Planner for up to six (6) additional months. The City Planner may grant such request for good cause shown by the applicant. The City Planner shall issue a decision within ten (10) days of receipt of such request, or the request for an extension shall be deemed approved. If the City Planner denies the request for an extension, the applicant may, within ten (10) days of the City Planner's decision, appeal the denial to the Planning Commission, which shall consider such appeal at its next regular meeting. The Commission may approve a request for an extension by a majority of the members of the Commission present, excluding the non-voting Aldermanic representative. The Commission may place reasonable conditions on approval of a request for an extension. If the Commission denies the request for an extension, the applicant may, within ten (10) days of the Commission's decision, appeal the denial to the Board of Aldermen, which shall consider such appeal at its next regular meeting. The Board of Aldermen may approve a request for an extension by a majority of the members present. The Board of Aldermen may place reasonable conditions on approval of a request for an extension. The filing of a request for an extension, and the consideration of any appeals shall stay the termination or expiration of a conditional use permit issued under this Section. More than one (1) extension may be granted under this Section. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six-month period.

Revocation Of Conditional Use Permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Board of Aldermen shall have the authority to revoke the permit after affording the holder of the permit the right to be heard.

Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant, or be transferred to any other person, unless an amendment to such conditional use permit is approved of the Board of Aldermen as set forth in Section 26-11H.6, below. Notwithstanding the foregoing, in instances in which the originating applicant has made substantial investments in reliance upon the conditional use permit, the City Planner may approve transfer of a permit if the transferee agrees in writing on a form to be provided to the City to be bound by all terms of the original permit.

Procedure To Amend Approved Conditional Use Permit. Any material change in a structure or any change in the scope or extent of a use approved for a conditional use permit that, according to the determination of the City Planner, could require conditions other than those included in an existing conditional use permit, shall require the review of an amendment to the existing conditional use permit. In order to amend an existing conditional use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.

Re-application. In the event that a conditional use permit is denied by the Board of Aldermen, a re-application for the purpose of review of the same request on the same property, or part thereof, shall not be accepted by the City until six (6) months following the date of final action on the original application, unless it can be shown to the satisfaction of the Planning Commission that substantial new evidence, not available during review of the original application, will be presented.

It is recognized by this Chapter that there is a value to the public in establishing safe and convenient traffic movement to higher-density sites, both within the site and in relation to access streets; there is value in encouraging a harmonious relationship of buildings and uses, both within a site and in relation to adjacent uses; further, there are benefits to the public in conserving natural resources. Toward these ends, this Section requires site plan review and approval by the Planning Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development.

The site plan is intended to demonstrate character and objectives of the proposed development in adequate detail for the Planning Commission to evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the property.

All permitted and conditional uses as described in Article IV, Section 26-14, Zoning Districts Established, and as provided for in Article IV, Section 26-15, Districts And Uses, designated "C-1," and "M-1."

All types of planned development districts provided for in Article III, Section 26-10, Planned Development, and permitted and conditional uses as described in Article IV, Section 26-14, Zoning Districts Established, and as provided for in Article IV, Section 26-15, Districts And Uses. Site plan review for planned development districts shall be conducted in accordance with the process, requirements, and provisions specified in Article III, Section 26-10.

An application for site plan approval may be filed by an eligible applicant as defined in Section 26-8A.3.a and payment of the filing fee as required by Section 26-8A.2.

The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the plan can be readily interpreted, and shall include more than one (1) drawing or specific details where required for clarity.

The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of the property. The site plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer, or land surveyor or landscape architect. It shall also include the name and address of the property owner(s), developer(s), and designer(s).

It shall show the scale, North point, boundary dimensions, natural features, such as wooded areas, streams, lakes, and storm drains, existing man-made features, such as buildings, structures, easements, high-tension towers, pipelines, excavations, bridges and culverts, and shall identify adjacent properties within three hundred (300) feet, their respective zoning, and their existing uses.

It shall show the existing topography and finished grade-line elevations at two-foot contour intervals as well as the proposed finished floor elevation for all structures.

It shall show the dimensions of the proposed main and accessory buildings, their relation to each other and to any existing structures to remain on the site, the height of all buildings and structures and the distance from all proposed buildings and structures to the nearest adjacent property line.

It shall show the existing and proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service lands, service parking, and loading zones in conformance with the requirements set forth in Article VI, Access And Parking, of this Chapter.

It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project or the total project is ready for occupancy.

A landscape plan which meets the standards and requirements of Article V, Site And Landscape Design Standards, Section 26-20, Landscape Scope, Purpose, Applicability, Conflicts, And Definitions, and Section 26-21, Landscape Standards, of this Chapter shall be included as a part of the site plan submitted.

It shall show architectural elevations of all proposed buildings and structures, identifying all materials proposed.

A lighting plan which meets the standards and requirements of Article V, Site And Landscape Design Standards, Section 26-23, Site Lighting, shall be included as part of the site plan submitted.

The location, type, and nature of screening proposed for all trash collection areas.

Any other information deemed necessary by the Commission.

All plans, architectural drawings, renderings or other materials or visual aids either submitted with the application or presented thereafter shall become the property of the City and part of the permanent record of any approval.

Proposed sign types and locations.

Building setback lines.

Signature blocks.

Additional materials as requested by staff, including, but not limited to, floor plans.

Staff Review. The site plan shall be submitted with the application for site plan approval to the Director of Public Works who shall institute an administrative review of the application supporting documents by all affected City departments in compliance with Section 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.

Upon receiving the site plan application and associated documents, the Planning Commission shall review same at its next regularly scheduled meeting. Written notice of the review shall be completed in conformance with Section 26-8E.3.

The conservation of natural resources on the property proposed for development, including: trees and other living vegetation, steep slopes, watercourses, floodplains, soils, air quality, scenic views and historic sites.

The provision of safe and efficient vehicular and pedestrian transportation, both within the development, and the community.

The provision of sufficient open space to meet the needs of the proposed development.

The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.

The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping) and the land use within the existing area and projected future development of the area.

The existence and/or provision of adequate community facilities to serve the proposed development (i.e., water, sewerage, schools, streets, etc.).

Conformance of the site plan with the Comprehensive Plan and any other applicable requirements of this Chapter.

Substantially increase traffic hazards or congestion;

Adversely affect the character of surrounding commercial uses or adjacent residential uses or of the neighborhood;

Substantially increase fire hazards or make difficult access by fire and emergency vehicles;

Adversely affect the general welfare of the community; and

Overtax public utilities.

Altering a building standard, such as the height, setback, or area, by five percent (5%) or less.

Reducing a site design standard, such as a landscape requirement, parking requirement, or open space dimension, by ten percent (10%) or less.

Deviating from a design standard by proposing an alternative design that equally or better meets the intent of the design standard or any performance criteria associated with the standard.

The site plan approval shall expire and be of no effect one hundred eighty (180) days after the date of approval thereof, unless, within such time, a building permit for any proposed work authorized under the site plan approval has been issued. The site plan approval shall expire and be of no effect three hundred sixty-five (365) days after the date of its issuance, if construction has not begun and been pursued diligently on the property. Upon recommendation and report of the Director of Public Works, the Planning Commission may grant an extension for up to one (1) additional year and shall report any such extension to the Board of Aldermen.

The filing of a site plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns, that if the site plan is approved by the Board of Aldermen, and permits issued for the improvement of such property that all activities subsequent thereto shall be in conformance with the approved site plan for the property in question. The approved site plan shall have the full force and effect of the Zoning Ordinance. Any violations shall be grounds for the Director of Public Works to issue stop-work orders, withhold further permits, and take all actions necessary for the enforcement of the approved site plan.

Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved site plan, legal description of the property, out-boundary survey, and all other plan sheets, along with any subsequent amendments, with the County Recorder of Deeds.

The minor site plan process ensures that routine development projects meet the development and design standards of this Chapter and all other standards applicable to the property, but requires a less extensive review and approval process. An application for a minor site plan may be filed by an eligible applicant as defined in Section 26-8A.3.a and payment of the filing fee as required by Section 26-8A.2, and submission of a site plan meeting the requirements of Section 26-12, Major Site Plan And Design Review, Subsection C, Required Data, of this Article as may be applicable. The minor site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites, unless the proposal is subject to review under Section 26-12.

The Director of Public Works may determine that any application meeting these eligibility criteria represents a significant change or potential impact on the area, or presents substantial interpretation questions on the application of development standards, and is not eligible for the minor site plan process. The Director of Public Works may determine that such applications must be reviewed through the full site plan and design review process.

In general, any site plan in compliance with all requirements of this Code shall be approved.

The Director of Public Works shall review the application as provided by Section 26-8D and shall make a recommendation regarding the application to the Planning Commission, which shall approve or deny the application. In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the Director of Public Works and the Planning Commission shall consider whether:

The application meets the criteria for all other reviews needed to build the project as proposed. The Planning Commission shall review the application and take action as set forth in Section 26-8G.

Approval of a minor site plan shall authorize the applicant to apply for a building permit, and other applicable permits. An approved minor site plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the site plan is not filed within one (1) year of the approval. The Director of Public Services may grant an extension for up to one (1) additional year.

Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved site plan, legal description of the property, out-boundary survey, and all other plan sheets, along with any subsequent amendments, with the County Recorder of Deeds.