(a)

Purpose.

(1)

It is recognized that:

a.

There is a value to the public in establishing safe and convenient traffic movement.

b.

There is value in encouraging a harmonious relationship of buildings and uses.

c.

There are benefits to the public in conserving natural resources.

(2)

Toward these purposes, site plan review by the planning commission is required for certain developments expected to impact natural resources, traffic patterns, and neighboring development.

(b)

Applicability. All mixed-use, nonresidential and residential developments, excluding single-family and duplex dwellings, including all city, county, and state projects within the jurisdiction of the planning commission, must be submitted to the commission for site plan approval.

(c)

Application.

(1)

A site plan review application must be filed with the building official.

(2)

Submittal requirements. Site plan review applications must include the following:

a.

All existing ground elevations drawn to a scale sufficient to show the elevations with clarity and prepared by a surveyor, whose seal must be affixed to the drawing.

b.

Legal description and all boundary lines of the subject property, showing the slopes and lengths of such boundary lines and prepared by a surveyor, whose seal must be affixed to the drawing.

c.

North arrow and the scale.

d.

Vicinity map showing the location of the proposed project in relation to the surrounding community.

e.

Access to the property including location and dimensions of all curb cuts and driveways along existing or proposed streets and alleys and proposed traffic flow and control measures.

f.

Location, dimensions and design of all streets, alleys and other vehicular ways.

g.

Location, dimension and design of all pedestrian facilities.

h.

Off-street parking, showing typical size of parking spaces, total number of parking spaces, and all loading and unloading areas.

i.

Existing and proposed utilities and utility access ways.

j.

Location, use, and dimensions of each proposed structure.

k.

Finished grade elevations of buildings, sidewalks, parking and loading areas and driveways with special attention given to stormwater drainage. All site plans must include detention or retention areas (if required), a statement of pre- and post-construction runoff, including effects on adjacent properties. All site plans must conform to applicable standards of the Alabama Department of Environmental Management.

l.

Required buffers, screening and landscaping including type, location and dimensions of plantings and other materials, including location, dimensions, and type of enclosure of all outside storage facilities and refuse containers.

m.

Any signs and exterior lighting, including method of preventing glare on adjoining streets, pedestrian ways and private properties.

n.

Location, dimensions, condition, and arrangement of all open space, yards.

o.

Any noise, smoke, odors and other impacts that will be produced by the proposed development that may affect adjacent properties and associated mitigation measures.

(d)

Review and approval.

(1)

Upon receipt of a complete application, the commission will evaluate the site plan and approve, approve with conditions or disapprove the site plan, advising the applicant in writing of the decision, including any changes or conditions required by the commission. The applicant, or their agent, must appear before the commission to supply any additional information as they may require. Failure of the applicant to appear before the commission may result in the request being removed from the agenda or tabled to a future commission meeting.

(2)

Upon approval, the commission will retain one copy, transmit one copy to the building official and notify the owner.

(3)

If disapproved, the commission will notify the applicant in writing of the grounds for disapproval.

(4)

If approved with conditions, the building official may not issue a building permit until the applicant has submitted three revised sets of plans to the building official for approval that includes the conditions required by the commission.

(e)

Amendment. A site plan may be amended by the commission upon request of the applicant. Amendments must be submitted, reviewed and approved in accordance with subsections (c) and (d).

(f)

Certificate expiration. Site plan approval expires 365 days after the date of issuance, unless a building permit has been issued and work is proceeding.

(Ord. No. 2020-16, § 12.01, 3-16-2020)

The commission hears and decides requests for approval of conditional uses specified in the district regulations and uses not listed in the district regulations that may come within the spirit and intent of the applicable district.

(1)

Procedure.

a.

A conditional use application must be submitted to the building official at least 21 days before the scheduling commission hearing date.

b.

Submittal requirements. Conditional use applications must include the following:

1.

North arrow and the scale.

2.

One or more maps showing the location of the proposed use in relation to adjoining neighborhoods and business areas, including existing uses and zoning classifications.

3.

Conceptual site plan showing the location, use and size of structures, open spaces, landscaping parking and loading areas, access drives and vehicular and pedestrian circulation system.

4.

Conceptual plan for stormwater management.

5.

Location of exterior lighting and signs, including any illumination of signs.

6.

Any noise, smoke, odors and other impacts that will be produced by the proposed development that may affect adjacent properties and associated mitigation measures.

c.

Upon receipt of a complete application, a public hearing before the commission will be scheduled with notice provided to adjoining and adjacent landowners.

d.

Following the public hearing, the commission will evaluate and approve, approve with conditions or disapprove the request, advising the applicant in writing of the decision, including any changes or conditions required by the commission. The applicant must appear in person or by agent at the commission meeting.

e.

Approval of a conditional use is void after 12 months if no building permit or a business license for the proposed use is not issued, or if the conditional use ceases for a period in excess of six months.

(2)

Criteria. In determining whether to approve a conditional use, the commission will consider and may require conditions on the proposed use to assure the following:

a.

Satisfactory ingress and egress, motorist and pedestrian safety and convenient traffic flow.

b.

General compatibility with adjacent properties, neighborhood and business area, as applicable.

c.

Compatibility of the bulk, density and lot coverage with that of adjoining properties.

d.

Compatibility with land use, transportation and other development policies of the master plan.

e.

Availability, location and adequacy of utilities.

f.

Mitigation of any potential economic, noise, glare, and odor effects on adjoining properties.

g.

Adequacy of buffering and screening of potentially adverse views and activities from surrounding properties.

If the commission finds the proposed development is not within the spirit and intent of the district, does not meet, or is not capable of meeting, despite conditions the commission could reasonably impose, the above criteria, the commission may disapprove the proposed conditional use, providing the grounds for disapproval in writing to the applicant.

(Ord. No. 2020-16, § 12.02, 3-16-2020)