Grimes City Zoning Code

To assure that the design and location of multiple-family 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 residential, commercial, industrial and urban design, a detailed site plan shall be submitted showing the proposed use and development of all multiple-family residential, commercial and industrial sites for approval by the Council after review and recommendation by the Planning and Zoning Commission.

1. 1.
   Procedure.

   1. A.
      Whenever any person wishes to develop any tract, lot or parcel of land within the City, located in the R-3, C-1, C-2, M-1, M-1A, M-2 or M-3 zoning districts, said person shall cause to be prepared a site plan of such development and shall submit fifteen (15) copies of said site plan to the Zoning Administrator. The provisions of this section shall also be applicable to the redevelopment, enlargement or extension of more than twenty-five percent (25%) of any multiple-family residential, commercial or industrial uses and structures existing at the time of adoption of this chapter. The site plan shall contain such information and data as outlined herein.
   2. B.
      The Zoning Administrator shall review the site plan for compliance with this chapter 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 Council, who shall review said site plan as to its compliance with other ordinances of the City, its effect upon public utilities and the public street system, and submit these findings as soon as possible to the Planning and Zoning Commission.
   3. 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. Persons or agents submitting a site plan shall personally appear before the Zoning Commission upon notice from the Zoning Commission when said site plan is to be considered by it.
   4. D.
      The Planning and Zoning Commission shall forward its recommendation either for approval or disapproval of the site plan to the Council within forty-five (45) days of the date of the submissions of the said site plan. If the Commission does not act within forty-five (45) days, the site plan shall be deemed to be approved by the Commission unless the developer agrees to an extension of time.
   5. 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.
   6. F.
      The Council shall, upon receipt of the recommendation of the Planning and Zoning Commission, place said recommendation upon the next Council agenda for discussion, and within thirty-five (35) days thereafter shall either approve or disapprove the site plan of the proposed development. Persons or agents shall personally appear before the Council upon notice from the Council when said site plan is scheduled for action by the Council. If said owner or agent fails to appear as scheduled, the Council shall take no action on said site plan.
   7. G.
      No building permit or Certificate of Zoning Compliance for any structure within any district within which a site plan is required shall be issued until the site plan has been approved as provided herein.
   8. H.
      Upon final action by the Planning and Zoning Commission on any site plan, a copy of said 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 Clerk.
   9. 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 Zoning 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 Zoning Administrator shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or said owner’s successor in interest, shall have provided the Zoning Administrator with proof satisfactory to the Zoning Administrator 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 building permit for the development has been suspended pursuant to this section. Any person aggrieved by any decision or action of the Zoning Administrator under this section may appeal such action of decision to the Board of Adjustment.
   10. 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, said owner or developer 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.
2. 2.
   Short Form Site Plan. Whenever a person shall place any temporary business structure, said person shall cause to be prepared a short form site plan as otherwise required by this subsection. Temporary business structures are otherwise exempt for the site plan process except as required by this subsection.

   1. A.
      An applicant shall submit the correct legal description, boundary dimensions, and the identity of the present record owner of the property along with all of the following:

      1. 1.
         Existing and proposed dimensions of all site improvements and setbacks for property lines;
      2. 2.
         A clear written description of the existing and proposed use of the property;
      3. 3.
         Parking layout (including stall dimensions, aisle widths, driveway widths and locations), sidewalk layout, and pedestrian flow;
      4. 4.
         A description of any screening and landscaping;
      5. 5.
         Existing and proposed utilities and easements, including any sanitary in-store sewers; and
      6. 6.
         Nearest fire hydrant.
   2. B.
      A person submitting a short form site plan need not submit the short form site plan to a separate engineer for certification. Nonetheless, the short form site plan is subject to review by the Zoning Administrator and the City Engineer upon the sole discretion of the Zoning Administrator.
   3. C.
      The short form site plan shall be submitted to the Zoning Administrator for review and may be referred upon the sole discretion of the Zoning Administrator and City Engineer for review and comment. The Zoning Administrator (and the City Engineer if involved) shall have the authority pursuant to Grimes Municipal Code Section 12-17-1(1)(C-J) to approve, reject, or modify the site plan. In the sole discretion of the Zoning Administrator, a short form site plan may be referred to the Planning and Zoning Commission for approval pursuant to Section 12-17-1(1)(C-J) and approved, rejected, or modified accordingly.
3. 3.
   Site Plan Review. In reviewing a proposed site plan, the 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 effect on surrounding properties.
4. 4.
   Site Plan Requirements. All site plans shall be drawn at a scale not less than 1” = 50’. Five (5) copies of the site plan shall be submitted to the Zoning Administrator along with an electronic version in PDF (portable document format). The purpose of the site plan is all information needed to enable the Zoning Administrator, City Engineer, Planning and Zoning Commission and the Council to determine if the proposed development meets the requirements of this chapter.
5. 5.
   Information Required. The site plan required shall include the following information concerning the proposed development.

   1. A.
      Names of all persons having an interest in the property, legal description of property, point of compass, scale and date.
   2. B.
      Applicant’s name, planned land use and present zoning.
   3. C.
      If the applicant is other than the legal owner, the applicant’s interest shall be stated.
   4. D.
      Name and address of person who prepared the site plan.
6. 6.
   Required Illustrations. The site plan shall clearly set forth the following information concerning the proposed development.

   1. A.
      Property boundary lines, dimensions and total area of the proposed development.
   2. B.
      Contour lines of the proposed development at intervals of not more than two (2) feet provided, however, that a minimum of two (2) contours shall be shown on any plat. 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 shown on the site plan.
   3. C.
      The availability, location, size and capacity of existing utilities, and of proposed utilities.
   4. D.
      The proposed location, size, height, shape, use and architectural theme of all buildings or structures, including signs, in the proposed development.
   5. E.
      The total square footage of building floor area, both individually and collectively in the proposed development.
   6. F.
      Existing buildings, right-of-way, street improvements, railroads, easements, drainage courses, streams and wooded areas.
   7. G.
      Location, number, dimensions and design of off-street parking in the proposed development, including:

      1. 1.
         Driveways, islands and planters;
      2. 2.
         Striping and safety curbs;
      3. 3.
         Loading facilities;
      4. 4.
         Type and location of lighting; and
      5. 5.
         Surface treatment.
   8. H.
      Open spaces, yards, recreational areas, walkways, driveways, outside lighting, walls, fences, monuments, statues, signs and other manmade features to be used in the landscape of the proposed development.
   9. I.
      Facilities for the collection and disposal of garbage and trash.
   10. J.
       Location and type of all plants, grass 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 name of plants, shrubs or trees to be planted clearly indicated.
   11. K.
       Location of entrances and exits from the proposed development onto public streets, and interior drives and proposed sidewalks in the development.
   12. L.
       Proposed drainage facilities and provisions for flood control, if applicable.
   13. M.
       The location, height and area of all signs (directional signs, identification signs, or temporary signs) in the proposed development.
7. 7.
   Expiration of Approval. All site plan approvals except as provided herein, shall expire and terminate three hundred sixty-five (365) days after the date of Council approval unless a building permit has been issued for the construction provided for in the site plan. The Council may, upon written request by the developer, extend the time for the issuance of a building permit for sixty (60) days. In the event the building permit for the construction provided for in the site plan expires or is canceled, then such site plan approval shall thereupon terminate. Notwithstanding the foregoing, the Council may establish a different time period required for issuance of a building permit as a condition of site plan approval for the following uses:

   1. A.
      Publicly owned parks, playgrounds, golf course and recreation areas;
   2. B.
      Public schools;
   3. C.
      Public water supply and sewage treatment facilities; and
   4. D.
      Electrical and natural gas treatment and regulating facilities.
8. 8.
   Filing Fees. Before any action shall be taken as provided in this section, the person filing a site plan or said person’s agent shall pay to the Development Services Department a filing fee to cover costs of the procedure. Under no conditions shall said fee or any part thereof be refunded for failure of said site plan to be approved. The amount of the fee shall be determined in accordance with the City fee schedule as adopted by resolution from time to time by City Council. All additional costs incurred by the City for review of site plans by the City Engineer and/or City Attorney shall be reimbursed to the City in full amount by the person who filed the site plan or by said person’s agent.

Effective on: 1/1/1901

No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the Zoning Administrator, stating that the building and use comply with the provisions of this chapter. No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefore by the Zoning Administrator. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this chapter. Nothing in this section shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property. Applications for Certificate of Zoning Compliance shall be applied for coincidently with the application for the zoning/building permit and shall be issued within ten (10) days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for, or the erection or alteration of any building shall be issued before the application has been made for a Certificate of Zoning Compliance, and no building or premises shall be occupied until that Certificate is issued. A temporary Certificate of Zoning Compliance may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. A Certificate of Zoning Compliance shall be required of all nonconforming uses.

Effective on: 1/1/1901

Each application for a Certificate of Zoning Compliance shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this chapter. A record of application and plats shall be kept in the office of the Zoning Administrator.

Effective on: 1/1/1901