The city's decision-making bodies and officials described in this article, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this chapter in the manner described in this article or allowed by law.

(Ord. No. 420-2001, § 1, 7-24-01)

The city administrator shall appoint a zoning official, or designee, whose duties and responsibilities shall include, but are not limited to:

(1)

Accept and process all submitted applications for specific use permits, text amendments to the zoning regulations, and amendments to the official zoning district map;

(2)

Prepare staff comments for review by the commission, city council, and the board of adjustment;

(3)

Represent the city at all public hearings;

(4)

Maintain all records, minutes, and the official zoning district map, related to the enforcement and procedures of this chapter;

(5)

Serve as the enforcement officer to ensure compliance with this chapter;

(6)

Serve as liaison between the commission and city council; and,

(7)

Perform other duties as necessary and appropriate to uphold the provisions of this chapter.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

In addition to the stated responsibilities and duties in the City's Charter, the planning and zoning commission (hereinafter referred to as the "commission") shall be responsible for the following:

(1)

Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the zoning official;

(2)

Consider the interests of the public related to the public health, safety, morals and general welfare;

(3)

Identify the appropriateness of requested map and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and land use policies;

(4)

Make recommendations to the city council, in the form of a final report, related to approval or denial of an application;

(5)

Perform other such duties and be vested with such powers as the city council shall from time to time prescribe.

(b)

Composition, appointment. The commission shall consist of seven (7) regular members and two (2) alternate members, to be appointed by the city council.

(1)

The seven (7) regular members shall be composed of a chairperson, vice chairperson, and five (5) members.

(2)

The chairperson, or in her/her absence, the vice chairperson, shall conduct and preside over the meetings.

(3)

An alternate member shall serve in the absence of one or more regular members when requested to do so by the mayor or city administrator. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members.

(c)

Terms, filling vacancies. Each appointment of a member of the commission shall be for a two-year term. The appointments shall be made at the first regular December meeting of the city council and extend from that date until the regular December meeting two (2) years later. Four (4) members of the commission will serve terms beginning on odd-numbered years, and three (3) members will serve terms beginning on even-numbered years. Any vacancy due to death, resignation, or other reason shall be replaced by an appointee selected in the manner provided herein as soon as practical after such vacancy. Such appointment shall be for the unexpired term of office.

(d)

Meetings. The commission shall hold regular monthly meetings and may call any special meetings necessary to conduct business. The meetings shall be held in accordance with the state open meeting law and proper notice of meetings posted as required.

(e)

Officers. The chairperson and vice chairperson of the commission shall be elected from the commission by a majority vote of a quorum of the commission once every year at the regular January meeting. Should a vacancy occur, for whatever reason, in either the position of chairperson or vice chairperson of the commission, such vacancy shall be filled by a majority vote of a quorum of the commission at the next meeting immediately following such vacancy. Such term shall be for the remainder of the unexpired term.

(f)

Attendance at meetings. The members are required to attend all regular and special called meetings of the commission. Should any member miss three (3) consecutive regular meetings, such member may be removed, at the discretion of the mayor.

(g)

Public hearings. The commission shall hold public hearings as required by law and at the request of the city council. The chairperson of the commission shall conduct and preside over such meetings. The meeting shall be conducted in a public place and with members of the commission present.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 440-2002, § 2, 1-22-02; Ord. No. 557-2005, § 1, 8-9-05; Ord. No. 691-2009, § 2, 10-13-09)

In addition to the responsibilities and duties referenced in article III, city council, of the Municipal Charter and in chapter 2, administration, of the Municipal Code of Ordinances, the city council shall have the powers and duties to perform the following:

(1)

Amend the zoning regulations of the city, in accordance with state law;

(2)

Initiate, on behalf of the city, any amendment in the zoning classification of any land within the city; and

(3)

Hear and decide on recommendations of the commission, after receipt of a final report, for applications related to rezoning requests and text amendments.

(Ord. No. 420-2001, § 1, 7-24-01)

An application for an amendment to the text of this chapter or the official zoning district map may be initiated by the commission, city council, or by a landowner filing a complete application with the zoning official.

(Ord. No. 420-2001, § 1, 7-24-01)

A complete application for amendment of the text of this chapter or the official zoning district map shall be submitted to the zoning official in a form established by the city. No application shall be processed until the established fee has been paid and the application has been deemed complete by the zoning official. No application or fee shall be required when the amendment is proposed by the commission or city council.

If a landowner application for a zoning change is not submitted by the owner of the property under consideration, a notarized letter from the landowner authorizing said applicant to act as the agent on behalf of the landowner is required. A landowner application shall include, but is not limited to, the following information:

(1)

Name, address, and telephone number of applicant(s), owner(s), and agent(s);

(2)

A statement of the reasons why the amendment is being requested;

(3)

Legal description of the property that is the subject of the proposed amendment;

(4)

Filing fee, as established by the city council; and

(5)

Other information or documentation necessary to process the application, as required by the zoning official, commission, and/or city council.

(Ord. No. 420-2001, § 1, 7-24-01)

The zoning official, commission, or city council may require an applicant for map amendments to submit such technical studies as may be necessary to enable the commission or city council to evaluate the application. Required studies may include, but are not limited to, traffic studies, engineering studies, noise studies or economic impact reports. The costs of all studies shall be borne by the applicant. The person or firms preparing the studies shall be subject to the approval of the city.

(Ord. No. 420-2001, § 1, 7-24-01)

The zoning official or the commission may establish submission deadlines for materials required in support of any application submitted under this chapter. Compliance with such deadlines shall be required in order to have the application placed on the commission's agenda.

(Ord. No. 420-2001, § 1, 7-24-01)

Public notice of hearings held before the commission or board of adjustment, unless otherwise required by law, shall be given as follows:

(1)

Mailing. Before the 10th day before the date of the public hearing, written notice of the time and place of a public hearing for a change in district boundary shall be sent by the applicant to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which a change in classification is proposed. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed by the applicant, failure to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the applicant shall file with the zoning official the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to who notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(2)

Posting of signs. Notice of required public hearings on landowner applications for a zoning reclassification, a specific use permit, or a variance shall also be provided by way of a sign posted at least ten (10) days before the date of the public hearing on the land that is the subject of the application. One sign shall be posted by the applicant for each two hundred (200) feet of frontage along a public street, with a maximum of three (3) signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application. The sign shall be furnished by the city to the applicant, and the applicant shall maintain the sign for a least ten (10) days immediately preceding the date of the public hearing. The applicant shall file an affidavit, on a form provided by the city, with the zoning official at the time of the public hearing verifying that the sign was posted as required by this section. The provisions of this paragraph shall not apply to any application initiated by the commission or the city council.

(Ord. No. 420-2001, § 1, 7-24-01)

The commission shall, after due notice in accordance with section 18-20, conduct a public hearing on the proposed amendment. At the public hearing the commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted at the public hearing.

(Ord. No. 420-2001, § 1, 7-24-01)

The commission may give consideration to the following criteria, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.

(1)

Conformance of the proposed zoning classification with the city's land use policies.

(2)

The character of the neighborhood.

(3)

The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.

(4)

The suitability of the property for the uses permitted by right in the proposed zoning district.

(5)

The extent to which approval of the application would detrimentally affect nearby properties.

(6)

The extent to which the proposed use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present parking problems in the vicinity of the property.

(7)

The extent to which approval of the application would harm the value of nearby properties.

(Ord. No. 420-2001, § 1, 7-24-01)

After the public hearing, the commission shall adopt and transmit a final report to the city council recommending approval or denial of the request. A tie vote on a request for an amendment to the official zoning district map is deemed to be a recommendation for denial.

(Ord. No. 420-2001, § 1, 7-24-01)

After receiving the final report of the commission, the city council shall hold a public hearing on the amendment request, for which notice of the time and place of the hearing has been published in the official newspaper before the 15th day before the date of the hearing date. After the close of the public hearing, the city council may approve or deny the request, return it to the commission for further consideration, or take whatever other action the city council deems appropriate.

(Ord. No. 420-2001, § 1, 7-24-01)

If a proposed change in a zoning regulation or classification is protested in accordance with the provisions below, such change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council. A protest filed under this section must be written and signed by the owners of at least twenty (20) percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area. In computing the percentage of land, the area of streets and alleys shall be included.

(Ord. No. 420-2001, § 1, 7-24-01)

The city council may call and hold a joint public hearing with the commission on a request for a text or official zoning district map amendment as provided by state law. In case of a joint hearing, the city council shall not act on the request until it receives the final report of the commission on the matter. A two-thirds (⅔) majority of city council may prescribe the type of notice to be given of the time and place of a joint public hearing.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Established. The board of adjustment (hereinafter referred to as the "board") is established in accordance with the provisions of Texas Local Government Code, Section 211.008, Board of Adjustment. Under this chapter, the board shall perform the following functions:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section;

(2)

Hear and decide appeals of any interpretation of the text of this chapter made by the zoning official;

(3)

Authorize in specific cases such variances from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; and,

(4)

Hear and decide special exceptions to the terms of the zoning ordinance when this chapter requires the board to do so.

(b)

Authority. In exercising its authority as prescribed in this section, the board may reverse or affirm, in whole or in part, or modify the zoning official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the zoning official. The concurring vote of seventy-five (75) percent of the members of the board is necessary to:

(1)

Reverse an order, requirement, decision, or determination of the zoning official;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass under this section; or

(3)

Authorize a variation from the terms of this chapter.

(Ord. No. 420-2001, § 1, 7-24-01)

The city council shall appoint a board of adjustment consisting of five (5) regular members and two (2) alternate members, to be appointed for terms of two (2) years. The appointments shall be made at the first regular December meeting of the city council and extend for a term from that date until the regular December meeting two (2) years later. Three (3) members and one (1) alternate member of the commission will serve terms beginning on odd numbered years, and two (2) members and one (1) alternate member will serve terms beginning on even numbered years. The city council may remove a board member for cause, as found by the city council, on a written charge after a public hearing. Vacancies shall be filled for the unexpired term. The alternate board members may serve in the absence of one (1) or more regular members.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 557-2005, § 2, 8-9-05; Ord. No. 1012-2022, § 2, 12-13-22)

The board by majority vote shall adopt rules to carry out the duties conferred by this chapter. Meetings of the board shall be held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately with the city secretary and are public records.

(Ord. No. 420-2001, § 1, 7-24-01)

Variances are deviations from the property development standards for the applicable district where development is proposed. The board shall have authority to grant variances upon such terms and conditions, as it deems necessary and appropriate, in accordance with section 18-34.

(Ord. No. 420-2001, § 1, 7-24-01)

A complete application for a variance shall be submitted by a landowner, or an agent acting on behalf of the landowner, to the zoning official, on a form prescribed by the city, along with a nonrefundable fee, which may be established from time to time by the city council. No application shall be processed until the application fee has been paid and the application has been determined to be complete by the zoning official. The zoning official may require that the applicant submit additional information necessary to undertake a complete analysis and evaluation of the variance request and to determine whether the circumstances prescribed for granting the variance exists.

(Ord. No. 420-2001, § 1, 7-24-01)

After determining that the application for a variance is complete, the zoning official shall review the application and prepare a report, which may include a recommendation of approval, approval with conditions, or disapproval based upon the criteria in section 18-34.

(Ord. No. 420-2001, § 1, 7-24-01)

After due notice, the board shall hold a public hearing on an application for a variance. At the public hearing, the board shall consider the application, the report of the zoning official, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the board shall vote to approve, approve with conditions, or disapprove the application for a variance.

(Ord. No. 420-2001, § 1, 7-24-01)

To approve an application for a variance, the board shall make an affirmative finding that each of the following criteria are met:

(1)

Special circumstances exist that are peculiar to the land or structure.

(2)

These special circumstances are not self-imposed or the result of the actions of the applicant.

(3)

Literal interpretation and enforcement of the terms and provisions of this chapter would cause an unnecessary and undue hardship.

(4)

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice.

(5)

Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

(6)

Such variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.

(7)

The variance will not adversely affect the health, safety or welfare of the public.

(Ord. No. 420-2001, § 1, 7-24-01)

The zoning official may recommend and the board may impose such conditions on a variance as are necessary to accomplish the purposes of this chapter, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include, but are not limited to limitations on size, bulk, location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; other on-site improvements; and limitations on the duration of the permit.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Generally. Issuance of a variance shall authorize only the particular variation which is approved in the variance request and shall not constitute a precedent. A variance shall run with the land.

(b)

Time limit. Unless otherwise stated in the variance, an application to commence construction of the improvements that are the subject of the variance must be applied for and approved within six (6) months of the date of approval of the variance; otherwise the variance shall automatically become null and void. Upon written request, and for good cause shown, one extension of the six-month timeframe may be granted by the board.

(Ord. No. 420-2001, § 1, 7-24-01)

As specified in Section 211.010 of the Texas Local Government Code, any person aggrieved by, or any officer, department, board, or bureau of the city affected by the decision of the zoning official on matters contained within this section may appeal such decision to the board. The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. On receiving the notice, the official from whom the appeal is taken shall transmit to the board all the papers constituting the record of the action that is appealed.

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

The board shall apply the following standards in deciding the appeal:

(1)

That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.

(2)

That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.

(3)

The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and intent of the city's zoning regulations.

(b)

An appeal that involves an interpretation of a term contained in this chapter, and that is decided contrary to the zoning or administrative official's decision shall be kept on file with the zoning official and shall constitute the official meaning of the term until such may be amended by council.

(Ord. No. 420-2001, § 1, 7-24-01)

Special exceptions are deviations from otherwise applicable performance standards where development is proposed that would be compatible with surrounding land uses, in keeping with the public interest, and consistent with the purposes of this chapter. They must be specifically authorized by this chapter in order for the board to consider an application.

To approve a special exception, the board shall make an affirmative finding that granting the special exception will:

(1)

Ensure the same general level of land use compatibility as the otherwise applicable standards;

(2)

Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;

(3)

Not adversely affect property values in any material way; and

(4)

Be generally consistent with the purposes and intent of this chapter.

The board, upon application for a special exception, shall set a reasonable time for a hearing, and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the hearing in person or by agent or attorney.

A special exception applies only to the property which is applied for and approved, shall not constitute a precedent, and shall run with the land.

(Ord. No. 420-2001, § 1, 7-24-01)

After the effective date of this chapter, no multiple family residential property zoned "HR", commercial property zoned "NC" or "GC", or industrial property zoned "GI" may be developed or redeveloped without a site development plan first having been submitted to and approved by the commission. For the purposes of this section, the term redeveloped refers to any site improvement that increases the value of the building or property by fifty (50) percent or more. If a permit for development, in accordance with the approved plan, is not issued within one (1) year after approval of such plan, such approval shall expire and be of no force or effect. Time extensions may be granted up to one (1) additional year by the commission.

Review of plans. When the application and plans are complete, a meeting will be scheduled before the commission. The commission will review the complete application and all plans and, upon approval by the commission, the applicant may submit final development plans for issuance of a building permit. Upon review and approval, the zoning official shall notify the applicant in writing of its approval, disapproval, or the conditions or modifications necessary before approval on subsequent submission.

(1)

Master development plan. A master plan must be provided for all business and commercial developments to be developed in phases or sections. The master plan shall be prepared and approved in accordance with the site development plan requirements stated herein. The master plan shall be submitted prior to or with the first section of development of the site and with all sections thereafter. All properties within a single site must be contiguous and immediately adjacent to one another or be the subject of additional development plans and filing fees.

The master development plan shall consist of the following:

a.

Overall map of the total site indicating lots, blocks, reserves and other parcel lines.

b.

Storm water drainage overlay or plans with topographic contours and drainage areas outlined.

c.

Wastewater collection main overlay or plans and profile as required by Galveston County Water Control and Improvement District No. 1.

d.

Water distribution main overlay or plans and profile as required by Galveston County Water Control and Improvement District No. 1.

e.

Landscaping plan, in accordance with the requirements of article VIII, tree protection, landscaping and screening.

(2)

Site development plan. Site development plans are required for all developments within the "HR", "NC", "GC" and "GI" zoning districts, which requires submission and approval by the Commission. Seven (7) copies of the site development plan(s), accompanied by the master development plan, shall be submitted in support of the application to the zoning official for review and consideration by the commission. Disapproval of a site development plan by the commission may be appealed to the city council by the property owner by filing a notice of appeal with a fee to the city secretary and the zoning official within ten (10) days following the commission's decision.

(3)

Site development plan graphic requirements. Each site development plan shall contain the following information:

a.

North arrow, scale and date.

b.

Key map showing orientation of the area being developed in relation to adjacent areas and public streets.

c.

Proposed name of the development.

d.

Name and address of the landowner(s), architect, engineer, planners, surveyor, agent or other person involved in the preparation of the plan.

e.

An accurate boundary survey of the property, prepared by a registered public surveyor, with bearing and distances, referenced to section/original survey corners, and showing the lines of adjacent lands and streets and their names and widths.

f.

The location, right-of-way width, driving surface width of existing and proposed streets within the development and immediately adjacent to it, and the proposed method of street surfacing.

g.

The alignment of proposed streets with the existing street network. Dependent upon the location of the proposed development, the commission may require designation of arterial roadways and/or stub-outs for arterial or collector streets to be platted to provide for adequate ingress and egress to both present and future adjacent developments.

h.

The width, depth and location of all lots.

i.

The location of all building lines.

j.

The names, locations, widths and purposes of all existing and proposed easements.

k.

Existing and proposed utilities on and adjacent to the site, including the sizes of existing utilities and the location of proposed junctions with the existing system.

l.

Surrounding activities, uses, and influences of the site within two hundred (200) feet, including adjacent property owners, streets, alleys, watercourses, pipelines, easements, buildings and other improvements.

m.

One (1) foot elevation contours on both existing and planned facilities based upon the latest United States Contour and Geodetic (USC&G) survey.

n.

Any land areas within the one hundred (100) year flood plain.

o.

Street design dimensions or a reference to the minimum standards for tangents, arcs, radii.

p.

Locations of fire hydrants, storm drainage system improvements, street lights, and other facilities or improvements.

q.

Location, massing and pattern of existing vegetation.

r.

A certification of review from the building official of the landscaping plan, in accordance with the requirements of this chapter and chapter 16.10.

s.

Building setback lines.

t.

Traverse lines along streams and easements to be shown adjacent to high banks of streams and waterways.

u.

Lot, block and section numbers placed consecutively.

v.

A schedule including total floor area, dwelling units, land area, parking spaces, land use intensity and other quantities relative to the submitted plan.

w.

Accompanying documentation, as required and necessary, including an original copy of the current title commitment letter; an affidavit from the property owner of record stating no additional easements are required (as appropriate); letters of review/receipt by the water district, fire official, postal service; affidavit that all existing and proposed pipelines crossing the property have been satisfactorily provided for to the requirements of the pipeline operator and that such pipeline operator agrees to all pipelines crossing by proposed streets and other development features; utility companies' affidavits of review; statements by a registered engineer, upon request, shall be accompanied by drainage calculations of the impact of water runoff based upon acceptable design criteria; an engineered plan for mitigation of flooding issues approved by the governmental authority having jurisdiction; and, a statement by the property owner dedicating facilities intended for public use.

(4)

Manufactured home community site development plan graphic requirements. A site plan shall be prepared for each manufactured home community and shall provide the following information:

a.

The name and address of the fee owner of, and the applicant for, the proposed or existing manufactured home community;

b.

Location and legal description of the proposed or existing manufactured home community;

c.

Name as shown on the plat of the manufactured home community;

d.

Names of adjacent public or private streets and roads, adjacent subdivisions, and property owners of unplatted land;

e.

Contour lines at one (1) foot intervals;

f.

Locations and dimensions of all manufactured home lots, points of ingress and egress, utility easements, drives, recreation areas, greenbelts, fencing, signage, streets, and sidewalks. Each manufactured home lot and common facility area shall be sequentially numbered;

g.

Landscaping plan, in accordance with the requirements of article VIII, tree protection, landscaping and screening.

h.

Scale of site plan and complete dimensions for each lot, street, and open area;

i.

Density in units per gross acre;

j.

Area and dimensions of entire site;

k.

Areas defined for waste containers and the proposed method of disposal;

l.

Dimension, description, and location of common facilities;

m.

Water and sewer plans must be submitted, on separate sheets if necessary, and must show sewer line locations, grades and sizes, and water line locations, sizes and source of water supply.

n.

Paving and drainage plans must be submitted, on a separate sheet if necessary, and must show the directions and calculated quantities of runoff and the proposed specifications for streets in accordance with the city's ordinances.

(5)

Parking site development plan. A site development plan shall be required for the construction of any off-street parking lot required by these regulations. In addition, a site plan shall be required for the surfacing of an existing, unpaved parking lot, or the expansion of an existing parking lot. No site plan is required for the resurfacing of an existing, paved parking lot, provided that the area of the parking lot is not being increased and no new driveways are being added.

(6)

When a site plan is required by this section, it shall be drawn on sheets twenty-four (24) by thirty-six (36) inches, to a minimum scale of one (1) inch to fifty (50) feet. The site plan shall consist of the following:

a.

The name, location, owner and designer of the proposed development, including the owner's address and telephone number;

b.

Date, north arrow and scale;

c.

The locations and dimensions of all property lines, rights-of-way, and easements;

d.

The existing and proposed topographic characteristics of the site;

e.

The locations and dimensions of all existing and proposed driveways, parking facilities, maneuvering areas, loading areas, commercial garbage dumpster pads and related screening, sidewalks, curbs, gutters, buildings, structures, screening fences and other walls or fences, and exterior lighting;

f.

Information and calculations necessary to verify compliance with the off-street parking and loading regulations, including land use, gross floor area, gross leasable area, number of dwelling units, seating capacity, projected number of employees and other appropriate data;

g.

All existing and proposed utilities;

h.

Existing drainage facilities and plans for proposed drainage improvements and surface materials;

i.

Landscaping, in accordance with the requirements of article VIII, tree protection, landscaping and screening; and

j.

Fire lane plan approved by the fire official.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 508-2003, § 2, 1-13-04)