The purpose and intent of this chapter is to review certain development projects and site plan to help ensure that such conform to the municipal code and the applicable provisions of the general plan. Site plan and design review and approval is based upon the general design, layout, and appearance of buildings and structures and to ensure that the development of property shall in no case be such as would impair the orderly and harmonious development of the community, or impair investment in and occupation of the community.

This chapter applies to all multi-family dwellings of two (2) units or more, public uses, quasi-public uses, non residential uses, commercial and manufacturing uses including all buildings, structures, and uses and their accessory buildings.

The land use authority shall consider the following matters, and others when applicable, in their review of applications and where the plan is found deficient, the plan shall be amended or conditions imposed to mitigate such deficiencies when considering:

1. Considerations relating to public and traffic safety, and traffic congestion, including:
   1. The effect of the development on traffic conditions on abutting streets.
   2. The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.
   3. The arrangement and adequacy or off-street parking facilities to prevent traffic congestion.
   4. The location, arrangement and dimensions of truck loading and unloading facilities.
   5. The circulation patterns within the boundaries of the development.
   6. The street and surfacing and lighting, and lighting of off-street parking facilities.
2. Considerations relating to outdoor advertising: The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards, the blanketing of adjacent property signs and the appearance and harmony with other signs and structures with the project and with adjacent development.
3. Considerations relating to landscaping, including:
   1. The location, height and materials of walls, fences, hedges and screen landscaping to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
   2. Landscaping and ground cover or other surfacing to prevent dust and erosion, and provide a visual break for the monotony of building materials, concrete, and asphalt.
   3. Compliance with the requirements of the landscape ordinance.
   4. The location, type, and size of any existing trees that are to be removed.
4. Considerations relating to buildings and site layout, including:
   1. Consideration of the general silhouette and mass of buildings including location of the site, elevations, and relation to natural plant coverage, all in relationship to adjoining building and the neighborhood concept.
   2. Consideration of exterior design and building materials in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on a street or streets, line and pitch of roofs, and the arrangements of structures on the parcel.
5. Considerations relating to utility easements, drainage and other engineering questions: The provision within the development for adequacy of storm and surface water drainage and retention facilities and for utilities to and through the property.
6. Considerations relating to prior development concept plan approval associated with any Rezoning Agreement, Planned Commercial or Manufacturing Rezoning Approval:
   1. Does any proposed phase or phasing sequence of an approved Concept or Preliminary Development Plan provide for logical workable independent development units that would function adequately if the remainder of the project failed to materialize?
   2. Is this plan or phases thereof a more detailed refinement of the approved concept plan?
   3. Are any modifications of a major nature that first need to follow the procedure for amending the approved concept plan?
      6. Considerations relating to site compliance with the preliminary and final site plan review requirements identified in this chapter.

The land use authority, in conjunction with applicant, may defer by written agreement between the parties certain site improvements based upon the logical development of surrounding properties and feasibility or functionality of such improvements in relation to existing conditions on the area of the project.

The land use authority shall determine whether the proposed architectural and site development plans submitted are consistent with this chapter and with the general objectives of the municipal code, and shall give or withhold approval accordingly. Denial of approval by the land use authority may be appealed to the applicable appeal authority.

Upon the grant of design approval, the applicant or developer shall enter into an agreement with the city detailing the public and private improvements to be constructed on-site and off-site, and acknowledging applicant’s or developer’s responsibility for such installation within the time period allowed. Financial guarantees for completing improvements shall be filed with the city when and where required. Occupancy shall not occur until all improvements have either been installed or guaranteed for future installation, unless deferred in accordance with a written deferral agreement.

If construction of any development for which design approval has been granted has not been commenced within eighteen (18) months from date of site plan approval as specified by the city, the approval shall be deemed automatically revoked and the site plan void. Upon application, if before revocation and for good case shown by applicant, one (1) extension up to one (1) year of time may be granted by the land use authority who granted approval.

Site plan approval shall be deemed revoked if the building(s) erected, or if the classification of the use, or if the zoning classification of the land where approval was granted is changed, unless the approval is transferred by the land use authority who granted the original approval. In the event of a transfer as indicated in this section, the land use authority who granted the original approval shall authorize the transfer of site plan approval provided that all requirements of the municipal code are met for the new use or new zone the same or similar to the prior use or zone. If a conflict arises concerning the interpretation of the zoning ordinance, the land use authority shall render its interpretation subject to appeal to the appeal authority.

Development for which site plan approval has been granted shall conform to the municipal code regardless of the approval and any conditions attached thereto. In addition to other remedies and/or penalties as provided by the municipal code or other law, development that does not conform to the municipal code may be ordered by to cease until the project is brought into compliance.

Upon request of the applicant or developer, modification or amendment to an approved site plan may be made to the land use authority upon a findings that the proposed modification or amendment will meet requirements of this chapter and the governing provisions of the municipal code. The applicable land use authority may independently revoke or modify a site plan approval previously granted which does not conform to approval granted or the requirements in effect at the time of the original application. In addition to other remedies and/or penalties as provided by the municipal code or other law, development that does not have an approved site plan may be ordered by to cease operation until the property is brought into compliance.