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Decorah City Zoning Code

CHAPTER 17

36 - SITE PLANS

Sections:


17.36.010 - Intent.

To assure that the design and location of residential, commercial and industrial areas will be in conformance with the zoning standards of this title and are properly related to and in harmony with the existing and future residential, business and industrial development of the city, including generally accepted principles of commercial, industrial and urban design, a detailed site plan shall be submitted showing the proposed use and development of all commercial and industrial sites for approval by the city council after review and recommendation by the planning and zoning commission.

(Ord. 952 (part), 1993)

17.36.020 - Procedure.

A.

Whenever any person, firm, corporation or other group wishes to develop any tract, lot or parcel of land within the city located in any zoning district for all uses except single-family dwellings up to four-family dwellings such person shall cause to be prepared a site plan of such development and shall submit ten copies of the site plan to the zoning administrator. The provisions of this section shall also be applicable to the conversion of a single-family residence to a duplex or multi-unit dwelling and to the redevelopment, enlargement or extension of square footage of more than twenty-five percent of any commercial or industrial uses and structures existing at the time of the adoption of the ordinance codified in this title and for all uses including single-family and two-family dwellings subject to the COS regulations. The site plan shall contain such information and data as outlined herein.

B.

The zoning administrator shall review the site plan for compliance with this title and shall refer a copy of the site plan to the city engineer, or such other person as shall be designated from time to time by the city council, who shall review the site plan as to its compliance with other ordinances of the city and its effect upon public utilities and the public street system and submit findings as soon as possible to the planning and zoning commission.

C.

The zoning administrator shall also forward a copy of the site plan to each member of the planning and zoning commission. The planning and zoning commission shall, after receiving the report of the engineer and the zoning administrator, review the site plan for conformity with the regulations and standards contained herein and may confer with the developer on changes deemed advisable in such site plan.

D.

The planning and zoning commission shall forward its recommendation, either for approval or disapproval of the site plan, to the city council within forty-five days of the date of the submission of the site plan. If the commission does not act within forty-five days, the site plan shall be deemed to be approved by the commission, unless the developer agrees to an extension of time.

E.

The commission may, in its discretion, hold a public hearing on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.

F.

The city council shall, upon receipt of the recommendation of the planning and zoning commission, either approve or disapprove the site plan for the proposed development.

G.

No building permit or certificate of zoning compliance for any structure within any district in which a site plan is required shall be issued until the site plan has been approved as provided herein.

H.

Upon final action by the planning and zoning commission on any site plan, a copy of the site plan, with the action of the planning and zoning commission noted thereon and signed by the chairperson of the commission, shall be filed with the city clerk.

I.

If the zoning administrator finds that any construction or proposed construction or occupancy of a development on a tract of land for which a site plan has been approved will not substantially comply with the site plan as approved, or if the administrator finds that the construction and development of the tract is not being carried out in accordance with the development schedule filed with the site plan, the administrator shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or the successors in interest, shall have provided satisfactory proof that the site plan will be complied with. The zoning administrator shall not issue a certificate of zoning compliance for any structure within the development while the permit for the development has been suspended pursuant to this subsection. Any person aggrieved by any decision or action of the zoning administrator under this subsection may appeal such action or decision to the board of adjustment.

J.

If the owner or developer of a tract of land for which a site plan has been approved determines that an extension of time is necessary or that a modification of the site plan would provide for a more appropriate or more practicable development of the site, the owner may apply for an amendment of the site plan. The planning and zoning commission may grant an extension of time or a modification of a previously approved site plan if it determines that such modification of the site plan would provide for a more appropriate development of the site.

(Ord. 1095 § 1, 2006; Ord. 1067 § 1, 2004; Ord. 952 (part), 1993)

(Ord. No. 1340, § 1, 2-3-2025)

17.36.030 - Site plan review.

In reviewing a proposed site plan, the city council and the planning and zoning commission shall consider the location of the buildings on the site with respect to vehicular and pedestrian traffic to and from the buildings, traffic between the site and abutting streets, suitable layout and adequate provisions for off-street parking and loading, with due consideration given to the provision of traffic islands, pedestrian ways, and landscaping within the parking area, provision for necessary screening between adjacent properties and the site, location and display of traffic signs to promote traffic patterns, location and display of business signs so as not to distract or confuse motorists, and location and display of outdoor advertising so as to provide adequate visibility within the site during hours of night operation but not to have adverse effects on surrounding properties.

(Ord. 952 (part), 1993)

17.36.040 - Site plan requirements.

All site plans shall be drawn at a scale not less than one inch equals fifty feet. Ten copies of the site plan shall be submitted to the zoning administrator. The purpose of the site plan is to show all information needed to enable the zoning administrator, the planning and zoning commission, the city engineer, and the city council to determine if the proposed development meets the requirements of this title.

(Ord. 952 (part), 1993)

17.36.050 - Information required.

The site plan required shall include the following information concerning the proposed development:

A.

Names of all persons having an interest in the property, legal description of property, point of compass, scale and date;

B.

Applicant's name, planned land use, and present zoning;

C.

If the applicant is other than the legal owner, the applicant's interest shall be stated;

D.

Name and address of person who prepared the site plan.

(Ord. 952 (part), 1993)

17.36.060 - Required illustrations.

The site plan shall clearly set forth the following information concerning the proposed development:

A.

Property boundary lines, dimensions, and total area of the proposed development;

B.

Contour lines of the proposed development at intervals of not more than five feet. If substantial topographic change is proposed, the existing topography of the development and of the surrounding area shall be illustrated on a separate map, and the proposed finished topography shall be shown on the site plan;

C.

The availability, location, size and capacity of existing utilities and of proposed utilities;

D.

The proposed location, size, height, shape, use and architectural theme of all buildings or structures in the proposed development;

E.

The total square footage of building floor area, both individually and collectively, in the proposed development;

F.

Existing buildings, rights-of-way, street improvements, railroads, easements, drainage courses, streams and wooded areas;

G.

Location, number, dimensions, and design of off-street parking in the proposed development, including the following features:

1.

Driveways, islands and planters,

2.

Striping and safety curbs,

3.

Loading facilities,

4.

Type and location of lighting,

5.

Surface treatment;

H.

Open spaces, yards, recreational areas, walkways, driveways, outside lighting, walls, fences, monuments, statues, signs and other man-made features to be used in the landscape of the proposed development;

I.

Facilities for the collection and disposal of garbage and trash;

J.

Location and type of all plants, grasses and trees to be used in the landscape of the proposed development. Landscaping to be used for screening purposes shall be illustrated in elevation as well as plan, with the approximate size and the names of plants, shrubs, or trees to be planted clearly indicated;

K.

Location of entrances and exits from the proposed development onto public streets, and interior drives and proposed sidewalks in the development;

L.

Proposed drainage facilities and provisions for flood control, if applicable;

M.

The location, height and area of all signs (directional signs, identification signs, or temporary signs) in the proposed development;

N.

Information sufficient to confirm separate living units, adequate on-site parking and compliance with residential density for conversion of a single-family residence into a duplex or multi-unit dwelling.

(Ord. 1067 § 2, 2004; Ord. 952 (part), 1993)

17.36.070 - Expiration of approval.

All site plan approvals shall expire and terminate one hundred eighty days after the date of city council approval unless a compliance permit has been issued for the construction provided for in the site plan. The city council may, upon written request by the developer, extend the time for the issuance of a compliance permit for sixty days. In the event the permit for the construction provided for in a site plan expires or is cancelled, then such site plan approval shall thereupon terminate.

(Ord. 952 (part), 1993)

17.36.080 - Filing fees.

Before any action shall be taken as provided in this section, the person or persons or agent filing a site plan shall pay to the city clerk a filing fee as established from time to time by the city council by appropriate resolution which fee shall be set out in the appendix to the Decorah Municipal Code.

In addition to the site plan filing fees, the person, persons or agent filing a site plan shall be responsible for just and reasonable costs incurred by the city during the course of review, interpretation and comment on the site plan application as deemed necessary by the city engineer to assure proper review and consultation with the zoning administrator and the planning and zoning commission and to ensure compliance with applicable standards and ordinances. Said costs shall not include initial consultative reviews or meetings with the zoning administrator.

Under no conditions shall the fee or any part thereof be refunded for failure of the site plan to be approved.

(Ord. 966 § 1 (part), 1995)

(Ord. No. 1168, § 1, 7-21-2014)