The intent of this article is to provide for consultation and cooperation between the land developer and the planning commission in order that the developer may accomplish his objectives in the utilization of his land in accordance with the regulations of this zoning chapter and with minimum adverse effect on the use of adjacent streets and on existing and future land uses in the immediate area and vicinity.

(Ord. No. 227, § 5.191, 9-4-2001)

Subject to section 82-180, the city building official shall not issue a building permit for the construction of the following buildings, structures or uses until a site plan has been reviewed and approved by the planning commission:

(1)

All multiple-family dwellings.

(2)

Mobile home parks.

(3)

Planned unit developments.

(4)

Office, commercial and industrial buildings.

(Ord. No. 227, § 5.192, 9-4-2001; Ord. No. 240, § 2, 8-18-2005; Ord. No. 0257, § I, 11-2-2009)

A request for site plan review of new development shall be made by filing with the city clerk the following:

(1)

Fee. A review fee, the schedule of which shall be determined by the governing body, will be paid by the applicant to cover the cost of processing the site plan.

(2)

Application. Three copies of the application for site plan review shall be filled out completely and returned to the clerk's office.

(3)

Site plan. Three prints of the site plan shall be submitted to the clerk's office. Each print shall contain the following data:

a.

It shall be of a scale not greater than one inch equals 20 feet nor smaller than one inch equals 200 feet and of such accuracy that the planning commission can readily interpret the plan.

b.

It shall show an appropriate descriptive legend, north arrow, scale, etc.

c.

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

d.

It shall identify subject property by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property.

e.

It shall show the topography (at least two-foot contour intervals), natural features such as wood lots, streams, rivers, lakes, drains and similar features.

f.

It shall show existing manmade features on and within 100 feet of the site, such as buildings, structures, high tension towers, pipe lines, existing utilities, such as water and sewer line, etc., excavations, bridges, culverts, drains and easement and shall identify the existing uses and zoning of adjacent properties.

g.

It shall show the location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, their relation to one another and to any existing structures on the site, the height of all buildings and square footage of floor space. Site plans for multiple-family residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.

h.

It shall show the 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 lanes, and service parking and loading and unloading areas.

i.

It shall show the proposed location, use and size of open spaces and the location of any landscaping, screening, fences or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated.

j.

Any other information deemed necessary by the planning commission.

(Ord. No. 227, § 5.193, 9-4-2001; Ord. No. 0257, § II, 11-2-2009)

(1)

The city clerk shall transmit the completed application to the chairman of the planning commission who shall place it on the agenda of the commission.

(2)

The planning commission shall notify the applicant in writing, either by personal service or by mailing at least five days before the date of the proposed hearing of the date, time and place that his application will be reviewed. Such notice shall state that the applicant may appear in person and/or by his attorney at said hearing. The applicant shall be given the opportunity to be heard in person or by his attorney or both.

(3)

The planning commission shall hold a hearing or hearings on the application for site plan.

(4)

Following the hearing, the planning commission shall, within 60 days, approve or disapprove the site plan and so notify the applicant of its decision.

(5)

Action on-site plan for new development. The planning commission shall render its approval or disapproval in writing and so notify the applicant and the building inspector by serving the same either in person or by mailing the same, first class mail, full postage prepaid, to the address of the applicant as indicated on the application or as may be changed in writing subsequent thereto by the applicant. Any notice to the building inspector shall be addressed to the city hall.

(Ord. No. 227, § 5.194, 9-4-2001; Ord. No. 0257, § III, 11-2-2009)

A request for site plan review of existing structures shall be made by filing with the city clerk the following:

(1)

Application. Three copies of the application for site plan review for existing structures shall be filled out completely and returned to the clerk's office, including:

(2)

Fee. A review fee, the schedule of which shall be determined by the governing body, will be paid by the applicant to cover the cost of processing the site plan for existing structures.

(3)

[Statement.] A statement of the intended use or nature of your proposed business use of existing structure.

(4)

Site plan. Three copies of a floor plan or footprint showing all existing structures on the property shall be submitted to the clerk's office. Each floor plan or footprint shall contain the following data:

a.

It shall be of a scale not greater than one inch equals 20 feet or smaller than one inch equals 200 feet and of such accuracy that the planning commission can readily interpret the plan.

b.

It shall show an appropriate descriptive legend, north arrow, scale, etc.

c.

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

d.

It shall identify subject property by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property.

e.

It shall show existing manmade features on, and within 100 feet of, the site such as buildings and structures and shall identify the existing uses and zoning of adjacent properties.

f.

It shall show streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site, as well as proposed occupancy load.

g.

It shall show the proposed location, use and size of open spaces and the location of any landscaping, screening, fences or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated.

h.

Any other information deemed necessary by the planning commission.

(Ord. No. 0257, § IV, 11-2-2009)

The disposition of all site plans shall be the responsibility of the planning commission. The review procedure established by the city is as follows:

(1)

The city clerk shall transmit the completed application to the chairman of the planning commission. In the event that the application has been submitted with all information completely and clearly stated, the application may be granted administrative approval, with no formal planning commission review required. If necessary, review by the planning commission will include a hearing or hearings on the application.

(2)

The planning commission shall notify the applicant in writing either by personal service or by mailing at least five days before the date of the proposed hearing of the date, time and place that his application will be reviewed. Such notice shall state that the applicant may appear in person and/or by his attorney at said hearing. The applicant shall be given the opportunity to be heard in person or by his attorney, or both.

(3)

Following the hearing, if formal review by the planning commission is deemed necessary, the planning commission shall, within 60 days, approve or disapprove the site plan and so notify the applicant of its decision.

(4)

Action on-site plan. The planning commission shall render its approval or disapproval in writing and so notify the applicant and the building inspector by serving the same either in person or by mailing the same, first class mail, full postage prepaid, to the address of the applicant as indicated on the application or as may be changed in writing subsequent thereto by the applicant. Any notice to the building inspector shall be addressed to the city hall.

(Ord. No. 0257, § V, 11-2-2009)

The site plan shall be approved by the planning commission upon finding that the site plan shall be made in accordance with a plan designed to and which the planning commission shall determine to be designed to:

(1)

Lessen congestion in the public streets by arrangement of vehicular traffic access and circulation to include intersections, road widths, channelization, traffic controls and pedestrian movement to facilitate same.

(2)

Provide parking sufficient to satisfy the reasonable needs of the proposed site plan, to be compatible in appearance with the remainder of the site plan, and to have adequate screening to protect neighboring areas.

(3)

Establish the location, size and entrances of buildings, walkways, and lighting to promote public health, safety and general welfare, affording adequate open space, light and air, safety of travel, freedom from traps and arrangement in such a way as to facilitate safe traverse walkways.

(4)

To correlate the various uses with each other in a rational manner, with commercial uses for the sole and exclusive use of the persons living in the site plan, or substantially for such use.

(5)

To locate the trees, shrubs and other landscaping to constitute a visual and/or a noise deterring screen between adjacent uses and adjacent lands, to render the whole area as beautiful as possible in consideration of the uses thereof.

(6)

To provide adequate open space used for playgrounds and recreation to promote the public health, safety and general welfare of the community.

(7)

To provide water supply, storm and sanitary sewer facilities sufficient to adequately furnish the site plan with water, storm water and sanitary waste disposal facilities. The utilities shall be arranged to furnish adequate utilities to the site plan.

(8)

Arrange the structures, roadways and landscaping to prevent flooding, ponding and/or erosion.

(Ord. No. 227, § 5.195, 9-4-2001; Ord. No. 0257, § VI, 11-2-2009)

After an applicant receives site plan approval, the applicant must develop the subject property in complete conformity with the approved plan except as may be modified by the planning commission and/or the building official as set forth hereinafter.

(Ord. No. 227, § 5.196, 9-4-2001; Ord. No. 237, § 4, 2-25-2005; Ord. No. 0257, § VII, 11-2-2009)

If certain elements of the site plan, as it has been approved by the planning commission, should for any reason need to be changed, and the building official, in the building official's sole discretion, finds that the change is substantial, then the applicant shall resubmit the entire site plan, as amended, to the planning commission pursuant to the aforesaid procedures for the original application. If the building official, in the building official's sole discretion, finds that the change is not substantial, the building official may approve or disapprove same without further approval by the planning commission.

(Ord. No. 227, § 5.197, 9-4-2001; Ord. No. 237, § 5, 2-25-2005; Ord. No. 0257, § VIII, 11-2-2009)

No site shall be developed and no building shall be occupied on any site for any use and no use shall be made of any site, nor shall any building permit be issued until a certificate of compliance has been issued by the planning commission.

(Ord. No. 227, § 5.198, 9-4-2001; Ord. No. 0257, § IX, 11-2-2009)

As a condition to granting any use, approval, or any other action permitted under this article, the planning commission may require that a bond be furnished of a nature and in an amount to ensure compliance with the provisions of this chapter of any nature. Such bond shall be in a form and with companies approved by the planning commission of the city and the city attorney thereof.

(Ord. No. 227, § 5.199, 9-4-2001; Ord. No. 0257, § X, 11-2-2009)

The applicant for any site plan, shall deposit with the city that amount which from time to time shall be determined by the city council by resolution as an amount sufficient to reasonably compensate the city for the enforcement of this article, including costs of administration, publication and any other reasonable costs. This deposit shall not be refundable for any reason.

(Ord. No. 227, § 5.200, 9-4-2001; Ord. No. 0257, § XI, 11-2-2009)

All screening, trees, shrubs and landscaping as well as utilities shall be continuously maintained in good condition and in a way as to adequately serve the purposes for which they are required by this chapter.

(Ord. No. 227, § 5.201, 9-4-2001; Ord. No. 0257, § XII, 11-2-2009)