Site plan approval shall be required for all property zoned highway commercial district in accordance with the following provisions:

(1)

The purpose of the site plan review is to ensure, prior to issuance of building permits that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, parking, loading and building regulations.

(2)

No building permit shall be issued on any tract of land for construction of new structures or any addition to a structure which affects its size, shape, or volume unless a site plan is first submitted for review by the planning and zoning commission and approved by the city council. A public hearing shall not be required.

(3)

No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city council.

(4)

Any major revision to an approved site plan must be approved by the planning and zoning commission then approved by council; however, minor revisions may be permitted upon approval by the city manager or his designee.

(5)

The site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, access routes adjacent zoning and structures, streets and alleys, together with a parking plan and landscape plan showing the arrangements and provisions for off-street parking, and the layout of plating materials. An architectural rendering of proposed buildings shall be submitted with the site plan for consideration of approval.

(6)

All site plans shall be filed with and reviewed by the city manager or his designee for compliance with this section before presentation to the planning and zoning commission and city council.

(7)

An approved site plan shall be the final plan for development, and construction shall conform to the approved plan. A final site plan may be submitted for the total area zoned or any portion thereof.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Site plan approval shall be required prior to the issuance of a building permit for the construction of any new structure or any addition to a structure that is intended to be used for any commercial or nonresidential use and which construction affects the structure's size, shape, or volume.

(b)

All building permits must conform to an approved site plan.

(c)

Approval of a site plan by the city council, after a recommendation by the planning and zoning commission, shall be required when the site plan is in conjunction with a request for a specific use permit or for a planned development.

(d)

A public hearing shall not be required on a site plan application unless the site plan is submitted in conjunction with the submission and request for approval of a specific use permit or a planned development.

(e)

Submission of site plan drawn to scale. Prior to the issuance of any building permit, a site plan drawn to scale shall be submitted to the city manager for initiation of the review and approval process through city council and/or the planning and zoning commission, as appropriate, along with the number of copies of the plan deemed necessary by the city to complete the required reviews or memorandums. The scale and number of copies shall be that deemed necessary by the city manager. (Note: All references contained in this subsection to the city manager mean and include the city manager's designee.)

(f)

Features to be shown on site plans. Site or development plans shall include the following information

(1)

General. The following general information shall be included:

a.

The applicant's name, address, and telephone number and his legal interest in the property;

b.

The owner's name and address and, if different than the applicant, the owner's signed consent to the filing of the application;

c.

Street address (or common description) of the property;

d.

The zoning classification and present use of the subject property;

e.

The proposed use or uses and a general description for the proposed development;

f.

A survey, certified by a registered professional land surveyor, showing existing and proposed property boundary lines with dimensions, easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property;

g.

Maps showing the location, size, use and arrangements of all proposed buildings and computations showing height in stories and feet, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any;

h.

Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways; refuse areas;

i.

The location and size of existing and proposed electric, water and sewer utilities on and adjacent to the site and fire hydrant locations;

j.

All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing the size and direction of flow;

k.

Location, size and arrangement of all outdoor signs;

l.

The location and direction/intensity, if required, of all outdoor lighting;

m.

Architectural renderings or elevations of proposed structures;

n.

Location, designation and total area of all open usable space;

o.

A detailed landscaping plan meeting the provisions of this chapter;

p.

The adjacent land uses and improvements within 200 feet of the subject property;

q.

The location of hazardous chemical storage;

r.

A scale shall be shown with the dimensions as determined by the city manager;

s.

The location of any on-site items (kiosks, sanitation containers, drop boxes, etc.;

t.

The location and type of all existing and proposed screening;

u.

The required landscape areas; and

v.

Any additional information as deemed necessary to adequately evaluate the site or development plan.

(2)

Screening of mechanical equipment. Mechanical and heating and air conditioning equipment in non-residential uses shall be screened from view from the public right-of-way and from adjacent residential properties.

(3)

Lighting. The lighting for the subject property will be constructed in conformance with section 77-73.

(g)

Site circulation and parking. The following site circulation and parking information shall be included on the site plan:

(1)

The drive approach dimensions and radii;

(2)

The delineation and width of internal circulation roadways;

(3)

The distances between driveways and intersecting streets;

(4)

The number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;

(5)

The parking dimensions;

(6)

The stacking spaces and drive-through lane location;

(7)

The location of curb stops relative to front of parking stall. (Note: Wheel stops are not permitted in lieu of curbs);

(8)

The handicapped ramps (required at all intersections);

(9)

The building entrances;

(10)

The sidewalk dimensions;

(11)

The fire lanes meeting fire code standards;

(12)

The location and dimension of delivery truck docks;

(13)

The location and dimension of loading spaces;

(14)

The location of bay doors;

(15)

The sanitation container locations;

(16)

The medians, islands, barriers, and channelization;

(17)

The width of adjacent streets, alleys, or other access abutting property;

(18)

The length, width, and taper of turn bays;

(19)

The directional signage and directional arrows for one-way traffic driveways;

(h)

Utility plan. A utility plan shall be included on a separate drawing sheet(s) from the site plan, and shall include the following information:

(1)

The existing and proposed water mains (include size and valve locations);

(2)

The water meter size and location;

(3)

The existing and proposed sewer mains (include size, manholes and cleanout);

(4)

The sewer service size (provide cleanout at property line);

(5)

The existing and proposed utility easements including the associated utility line (public or private) and its size;

(6)

The existing and proposed fire hydrants (including any nearby off-site hydrants);

(7)

The existing and proposed fire lines, fire sprinkler connections, and appurtenances;

(8)

The location and size of irrigation meters;

(9)

The location and size of grease and sand traps;

(10)

The location and size of sampling pits; and,

(11)

The location and type of pretreatment.

(i)

Drainage plan. A drainage plan shall be included on a separate drawing sheet(s) from the site plan, and shall include the following information:

(1)

The existing and proposed elevation at critical points;

(2)

The drainage area map (if site is over one-acre);

(3)

The on-site collection system, including stormwater detention areas and detention ponds;

(4)

The 100-year flood elevation (if in floodprone area), and erosion hazard setback easement;

(5)

The existing and proposed contours at two-foot intervals;

(6)

The existing and proposed drainage structures (include size and type);

(7)

The existing and proposed culverts (use six-to-one sloped headwall); and

(8)

The direction of surface drainage (must be discharged into existing waterway or public right-of-way).

(j)

Landscape plan. A detailed landscape plan in conformance with [this chapter] shall be submitted along with the site plan. Landscape plans shall be prepared by a landscape architect, landscape contractor, or landscape designer. A landscape plan shall include all information as listed in [this chapter].

(k)

Attributes in consideration. City council, planning and zoning commission, and staff consideration shall include paving and layout of streets, alleys and sidewalks, means of ingress and egress, provisions for drainage and utilities, parking spaces, protective screening and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.

(l)

Additional information. If, during the course of considering the site plan or landscape plan, the planning and zoning commission is of the opinion that a proper recommendation or determination cannot be made without additional information, the planning and zoning commission is authorized to request that the applicant submit said information and is further authorized to withhold action on the site plan until the submission of the additional information for the planning and zoning commission's consideration.

(m)

Expiration. A site plan shall expire two years after its approval, if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed. Site plans submitted for a planned development or specific use permit shall not expire.

(n)

Approval required. A building permit shall not be issued prior to the approval of the site plan by the city council, planning and zoning commission and/or city manager, as appropriate. No building permit shall be issued except in compliance with the approved site plan, including all conditions of approval.

(o)

Inspections, revisions, and continued compliance. During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed:

(1)

In the event that changes to the approved site plan are proposed, the zoning administrator shall have the authority to require that a revised site plan be submitted to the city for review and approval;

(2)

It is recognized that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The city manager shall have the authority to interpret conformance to an approved site plan; provided that such interpretations do not materially affect access, circulation, general building location on the site, or any conditions specifically attached as part of a planning and zoning commission or city council approval. The city manager shall only approve minor changes, which substantially conform to the approved site plan, and to all applicable city regulations, such as:

a.

Minor dimension and location adjustments;

b.

Minor changes in the number of parking spaces provided that minimum parking requirements are met;

c.

Adjustments to sanitation container location;

d.

Minor revisions to approved elevations; and

e.

Substitution of similar materials on an approved landscape plan.

(3)

The city manager may not approve the following types of revisions:

a.

Major changes to type of screening materials;

b.

Significant alterations to the building footprint;

c.

Specific conditions of approval; and

d.

Any changes that may negatively impact adjacent properties.

(4)

If, in the judgment of the city manager, the proposed revisions exceed staff's approval authority, the revised site plan shall be forwarded to the planning and zoning commission for consideration according to the procedures for site plan approval. If proposed revisions to the site plan have not been approved by the city manager within 30 days of their final submission, they shall be scheduled for consideration by the planning and zoning commission upon request by the applicant.

(5)

A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved site plan.

(6)

The final site plan and landscape plan shall be accompanied by a digital copy for permanent record.

(7)

Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this chapter.

(p)

Phasing plan. To assist in process planning or site plans to be constructed in phases, the zoning administrator may request a phasing plan for the development, to ensure adequate site access, circulation, parking, sanitation containers, utilities, etc.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Site plan approval shall be required prior to the issuance of a building permit for the construction of any new structure or any addition to a structure that is intended to be used for any multi-family use and which construction affects the structure's size, shape, or volume.

(b)

All building permits must conform to an approved site plan.

(c)

Approval of a site plan by the city council, after a recommendation by the planning and zoning commission, shall be required when the site plan is in conjunction with a request for a specific use permit or for a planned development.

(d)

A public hearing shall not be required on a site plan application unless the site plan is submitted in conjunction with the submission and request for approval of a specific use permit or a planned development.

(e)

Submission of site plan drawn to scale. Prior to the issuance of any building permit, a site plan drawn to scale shall be submitted to the city manager for initiation of the review and approval process through city council and/or the planning and zoning commission, as appropriate, along with the number of copies of the plan deemed necessary by the city to complete the required reviews or memorandums. The scale and number of copies shall be that deemed necessary by the city manager. (Note: All references contained in this subsection (f) to the city manager mean and include the city manager's designee.)

(f)

Features to be shown on site plans. Site or development plans shall include the following information

(1)

General. The following general information shall be included:

a.

The applicant's name, address, and telephone number and his legal interest in the property;

b.

The owner's name and address and, if different than the applicant, the owner's signed consent to the filing of the application;

c.

Street address (or common description) of the property;

d.

The zoning classification and present use of the subject property;

e.

The proposed use or uses and a general description for the proposed development;

f.

A survey, certified by a registered professional land surveyor, showing existing and proposed property boundary lines with dimensions, easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property;

g.

Maps showing the location, size, use and arrangements of all proposed buildings and computations showing height in stories and feet, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any;

h.

Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways; refuse areas;

i.

The location and size of existing and proposed electric, water and sewer utilities on and adjacent to the site and fire hydrant locations;

j.

All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing the size and direction of flow;

k.

Location, size and arrangement of all outdoor signs;

l.

The location and direction/intensity, if required, of all outdoor lighting;

m.

Architectural renderings or elevations of proposed structures;

n.

Location, designation and total area of all open usable space;

o.

A detailed landscaping plan meeting the provisions of this chapter;

p.

The adjacent land uses and improvements within 200 feet of the subject property;

q.

The location of hazardous chemical storage;

r.

A scale shall be shown with the dimensions: as determined by the city manager;

s.

The location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);

t.

The location and type of all existing and proposed screening;

u.

The required landscape areas; and

v.

Any additional information as deemed necessary to adequately evaluate the site or development plan.

(2)

Screening of mechanical equipment. Mechanical and heating and air conditioning equipment in multi-family uses shall be screened from view from the public right-of-way and from adjacent residential properties.

(3)

Lighting. The lighting for the subject property will be constructed in conformance with section 77-73.

(g)

Site circulation and parking. The following site circulation and parking information shall be included on the site plan:

(1)

The drive approach dimensions and radii;

(2)

The delineation and width of internal circulation roadways;

(3)

The distances between driveways and intersecting streets;

(4)

The number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;

(5)

The parking dimensions;

(6)

The stacking spaces and drive-through lane location;

(7)

The location of curb stops relative to front of parking stall. (Note: Wheel stops are not permitted in lieu of curbs);

(8)

The handicapped ramps (required at all intersections);

(9)

The building entrances;

(10)

The sidewalk dimensions;

(11)

The fire lanes meeting fire code standards;

(12)

The location and dimension of delivery truck docks;

(13)

The location and dimension of loading spaces;

(14)

The location of bay doors;

(15)

The sanitation container locations;

(16)

The medians, islands, barriers, and channelization;

(17)

The width of adjacent streets, alleys, or other access abutting property;

(18)

The length, width, and taper of turn bays;

(19)

The directional signage and directional arrows for one-way traffic driveways;

(h)

Utility plan. A utility plan shall be included on a separate drawing sheet(s) from the site plan, and shall include the following information:

(1)

The existing and proposed water mains (include size and valve locations);

(2)

The water meter size and location;

(3)

The existing and proposed sewer mains (include size, manholes and cleanout);

(4)

The sewer service size (provide cleanout at property line);

(5)

The existing and proposed utility easements including the associated utility line (public or private) and its size;

(6)

The existing and proposed fire hydrants (including any nearby off-site hydrants);

(7)

The existing and proposed fire lines, fire sprinkler connections, and appurtenances;

(8)

The location and size of irrigation meters;

(9)

The location and size of grease and sand traps;

(10)

The location and size of sampling pits; and,

(11)

The location and type of pretreatment.

(i)

Drainage plan. A drainage plan shall be included on a separate drawing sheet(s) from the site plan, and shall include the following information:

(1)

The existing and proposed elevation at critical points;

(2)

The drainage area map (if site is over one acre);

(3)

The on-site collection system, including stormwater detention areas and detention ponds;

(4)

The 100-year flood elevation (if in floodprone area), and erosion hazard setback easement;

(5)

The existing and proposed contours at two-foot intervals;

(6)

The existing and proposed drainage structures (include size and type);

(7)

The existing and proposed culverts (use six-to-one sloped headwall); and

(8)

The direction of surface drainage (must be discharged into existing waterway or public right-of-way).

(j)

Landscape plan. A detailed landscape plan in conformance with this Code shall be submitted along with the site plan. Landscape plans shall be prepared by a landscape architect, landscape contractor, or landscape designer. Landscape plans shall include all information as listed in [this chapter].

(k)

Attributes in consideration. City council, planning and zoning commission, and staff consideration shall include paving and layout of streets, alleys and sidewalks, means of ingress and egress, provisions for drainage and utilities, parking spaces, protective screening and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.

(l)

Additional information. If, during the course of considering the site plan or landscape plan, the planning and zoning commission is of the opinion that a proper recommendation or determination cannot be made without additional information, the planning and zoning commission is authorized to request that the applicant submit said information and is further authorized to withhold action on the site plan until the submission of the additional information for the planning and zoning commission's consideration.

(m)

Expiration. A site plan shall expire two years after its approval, if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed. Site plans submitted for a planned development or specific use permit shall not expire.

(n)

Approval required. A building permit shall not be issued prior to the approval of the site plan by the city council, planning and zoning commission and/or city manager, as appropriate. No building permit shall be issued except in compliance with the approved site plan, including all conditions of approval.

(o)

Inspections, revisions, and continued compliance. During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed:

(1)

In the event that changes to the approved site plan are proposed, the director of planning shall have the authority to require that a revised site plan be submitted to the city for review and approval;

(2)

It is recognized that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The city manager shall have the authority to interpret conformance to an approved site plan; provided that such interpretations do not materially affect access, circulation, general building location on the site, or any conditions specifically attached as part of a planning and zoning commission or city council approval. The city manager shall only approve minor changes, which substantially conform to the approved site plan, and to all applicable city regulations, such as:

a.

Minor dimension and location adjustments;

b.

Minor changes in the number of parking spaces provided that minimum parking requirements are met;

c.

Adjustments to sanitation container location;

d.

Minor revisions to approved elevations; and

e.

Substitution of similar materials on an approved landscape plan.

(3)

The city manager may not approve the following types of revisions:

a.

Major changes to type of screening materials;

b.

Significant alterations to the building footprint;

c.

Specific conditions of approval; and

d.

Any changes that may negatively impact adjacent properties.

(4)

If, in the judgment of the city manager, the proposed revisions exceed staff's approval authority, the revised site plan shall be forwarded to the planning and zoning commission for consideration according to the procedures for site plan approval. If proposed revisions to the site plan have not been approved by the city manager within 30 days of their final submission, they shall be scheduled for consideration by the planning and zoning commission upon request by the applicant.

(5)

A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved site plan.

(6)

The final site plan and landscape plan shall be accompanied by a digital copy for permanent record.

(7)

Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this chapter.

(q)

Phasing plan. To assist in process planning or site plans to be constructed in phases, the director of planning may request a phasing plan for the development, to ensure adequate site access, circulation, parking, sanitation containers, utilities, etc.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

At any time following the approval of a concept plan, preliminary site plan, adopted development plan, or site plan and before the lapse of such approval, the property owner(s) may request an amendment. Amendments shall be classified as major and minor. Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping, and screening, changes to utilities and service locations which do not substantially change the original plan. Minor phasing for adopted development plans are permitted only the purpose of adding an adjacent residential or vertically mixed-use building into the current phase. Amendments to previously approved storm water conservation areas, increases in building height and/or building proximity to an adjacent offsite residential use, and all other amendments shall be considered major amendments and may be considered by the planning and zoning commission at a public meeting in accordance with the same procedures and requirements for the approval of a plan. The city manager may approve or disapprove a minor amendment. Disapproval may be appealed to the planning and zoning commission.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Sixty days prior to or following the lapse of approval for a concept plan, preliminary site plan, or site plan as provided in these regulations, the property owner may petition the planning and zoning commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the planning and zoning commission.

(b)

In determining whether to grant such request, the planning and zoning commission shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted regulations shall apply to the plan. The planning and zoning commission shall extend or reinstate the plan, or deny the request, in which instance the property owner must submit a new application for approval.

(c)

The planning and zoning commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to as-sure compliance with the original conditions of approval. The planning and zoning commission may also specify a shorter time for lapse of the extended or reinstated plan than is applicable to original approvals.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

The city council or the planning and zoning commission may revoke approval of a concept plan, preliminary site plan, or site plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information which affects a significant health or safety interest.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

The decision of the planning and zoning commission to approve or deny a concept plan, preliminary site plan, and site plan shall be final and binding unless an appeal of the decision is made to the city council. The applicant, city manager, or two members of city council may appeal the decision of the commission with regard to a plan by filing a notice of appeal in the office of the city manager, no later than ten days after the date on which the commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the commission at a public meeting. Written notice of any appeal shall be sent to the property owner. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The city council shall consider the appeal at a public meeting no later than 45 days after the date on which the notice of appeal is filed. The city council may affirm, modify, or reverse the decision of the commission and may, where appropriate, remand the plan to the commission for further proceedings consistent with city council's decision.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Following the completion of improvements shown on an approved site plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised site plan. Minor expansions and redevelopment may be approved by the city manager under the terms of section 77-84. All other expansions or redevelopment shall require submittal of a revised site plan and the approval of the planning and zoning commission under the requirements and procedures then in effect.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)