Higginsville City Zoning Code
ARTICLE IX
Site Plan Review
Section 410.560 Applicability.
[R.O. 2009 §410.560; Ord. No. 2040 §9-1, 9-15-2003]
A.
Applicable Zoning Districts. An approved site plan is required for the development or redevelopment of all parcels of land in the following zoning districts:
1.
"MR" Multi-Family Residential;
2.
"GC" General Commercial;
3.
"HC" Highway Service Commercial;
4.
"LI" Light Industrial; and
5.
"HI" Heavy Industrial Districts.
Development proposals in the following overlay districts: | ||
1. | Downtown Overlay District; | |
2. | Transitional Multi-Use Overlay District; | |
3. | Corridor Review Overlay District; and | |
4. | Manufactured Home—Residential Design Overlay District. | |
The purpose of the site plan review procedures is to enable the City to consider potential impacts upon the area in the vicinity of the property, consistency with good planning practice, and to ensure high standards of site and building design for the general welfare of the City and its residents. | ||
B.
Types Of Site Plans.
1.
Site plans shall be divided between major and minor site plans. Major site plans shall follow the procedures outlined in this Section. A "major site plan" is defined as a plan for the development of a parcel of land that contains no buildings or for which the existing buildings are to be removed and a new building or buildings constructed. In addition, a major site plan shall be required for any development that is adding more than five thousand (5,000) square feet of new impermeable surface to a site. A major site plan must be approved by the Planning Commission.
2.
"Minor site plans" shall be defined as plans for the expansion, change in use or redevelopment of a site that already contains a building or buildings and adds less than five thousand (5,000) square feet of new impermeable surface to a site. A minor site plan may be approved by the Zoning Administrator if it meets all of the requirements of the zoning ordinance.
3.
Within this Article, references to site plans include requirements for both major and minor site plans. Requirements that deal specifically with major site plans or minor site plans are so indicated.
C.
Major Site Plan Procedure. The procedure for obtaining approval of a major site plan includes:
D.
Relationship To Other Ordinance Requirements. The requirements, procedures and standards contained in this Article are in addition to the requirements, procedures and standards contained in other Sections of the zoning ordinance which shall remain applicable to the parcel for which the application is filed. In case of conflict between the general provisions and district regulations of the zoning ordinance with provisions of this Article IX, the more restrictive requirement shall control.
Section 410.570 Application, Review and Approval of A Site Plan.
[R.O. 2009 §410.570; Ord. No. 2040 §9-2, 9-15-2003]
A.
Application. An applicant shall confer with the Zoning Administrator or the Administrator's designee to become familiar with the City's regulations and requirements affecting the district in which the parcel in question lies and shall obtain copies of all provisions of the City ordinances pertaining to procedures and requirements for site plan approval.
1.
An application may be made by the owner or by any person with a contractual interest in the property. Written consent of the owner shall be required if the applicant is not the owner. All owners must sign if more than one (1).
2.
The written application for review and approval of the site plan shall be filed on a form supplied by the Zoning Administrator and shall be accompanied by a site plan as described in Section 410.580. The application shall be signed by the applicant and shall state the name and address of the applicant and of the owner. If the applicant is not the owner, the application shall identify the applicant's specific contractual interest in the property. A fee (as indicated in Appendix A to this Chapter) for reviewing the site plan shall be paid to the City at the time of filing the application.
B.
Review Of Application. Upon receipt of an application completed in satisfactory form, the Zoning Administrator shall deliver a copy of the application and accompanying papers including the site plan to the appropriate City departments—the site plan review team—for their review and comments on the impact of the proposed development on health, safety, traffic, public services or facilities and other relevant considerations, in both the area of the project and other areas of the City which may be affected. Such comments shall be sent to the Zoning Administrator and forwarded to the applicant within twenty-one (21) days of the receipt of the completed application.
1.
Within twenty-one (21) days from the forwarding of comments to the applicant, the applicant shall advise the Zoning Administrator of the applicant's desire to revise the application and site plan based on the City's comments or proceed to a review by the Planning Commission if the application is for a major site plan. If the applicant opts to proceed to a review of the major site plan by the Planning Commission, the application shall be placed on the agenda of the next available meeting of the Commission. If the applicant opts to revise the major site plan, the previously outlined review periods will be repeated.
C.
Major Site Plan Approval. The Planning Commission shall review the major site plan at a regular meeting and the major site plan shall be approved, disapproved or approved with conditions. In determining whether to approve, disapprove or approve the major site plan with conditions, the Planning Commission shall consider:
1.
All relevant information, including the comments of City Officials, the major site plan's consistency with good planning practices, its compatibility with adjacent developments and uses and its effect on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property subject to the major site plan and upon the residents of the City generally; and
2.
The likely effect of the major site plan on vehicular or pedestrian traffic, fire hazards, fire, police and utility services, municipal expenditures, surface water drainage and control facilities and environmental aspects.
D.
Minor Site Plan Approval. The Zoning Administrator may approve a minor site plan if the site plan complies with all requirements of the City's zoning ordinance. If the Zoning Administrator denies approval of a minor site plan including the provision of written comments as to the reason for such denial, the denial may be appealed by the applicant to the Planning Commission for review. The Planning Commission shall then approve the minor site plan, approve the minor site plan with conditions or deny the site plan.
E.
Validity Of A Site Plan. Approval of a site plan shall be valid for a period of twelve (12) months from the date of approval by the City. If no building permit is obtained during that period, the approval shall terminate. The Planning Commission may grant extensions of time not to exceed twelve (12) months each, upon written request of the applicant for a substantially similar major site plan provided that the request is filed prior to the expiration date. The Planning Commission may attach new conditions when an extension is granted. If, in the opinion of the Planning Commission, the application contains substantial changes to the originally approved plan, a new major site plan review process must occur including the payment of a new application fee. The same procedure shall be followed by the Zoning Administrator for minor site plans.
Section 410.580 Site Plan Required.
[R.O. 2009 §410.580; Ord. No. 2040 §9-3, 9-15-2003]
A.
Each application for a conditional use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
1.
The site plan shall be drawn at a scale of 1" = 50' or larger.
2.
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties and the location of the parcel in relation to surrounding uses, buildings and zoning.
3.
The site plan shall delineate existing rights-of-way and easements.
4.
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.
5.
The site plan shall delineate the boundaries, dimensions and area of the parcel and the proposed building layout with the front, side and rear building setbacks.
6.
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
7.
The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with Article VII.
8.
The site plan shall delineate all points of access and egress, their general design and width and the location of the parcel in relation to major thoroughfares and any roadways or drives connecting the parcel to those major thoroughfares.
9.
The site plan shall indicate the location, dimensions and number of proposed parking and loading spaces and provide, in tabular form, the proposed net density of the use requested, the number of seats, employees or other applicable units of measure necessary to determine parking requirements, if applicable.
10.
The site plan shall delineate the gross floor area of the building or structure, the height and number of stories of proposed buildings and structures and the amount of land area covered by buildings, structures, drives and parking facilities.
11.
The site plan shall detail the proposed stages of construction for all land in development and improvements within the proposed district.
12.
A landscape plan, including a detailed drawing to scale and a corresponding schedule of all plant material to be provided.
13.
The site plan shall depict the location of any refuse collection facilities and all proposed screening and buffering techniques.
14.
The site plan shall delineate the proposed exterior lighting.
15.
The site plan shall delineate the proposed architectural details of the facility.
16.
The site plan shall indicate the type, size and location of all signs.
17.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
18.
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Chapter.
19.
The site plan shall depict the location and size of existing and proposed utilities including water, storm sewer, sanitary sewer, gas and electric.
Section 410.585 Compliance With Subdivision Regulations.
[R.O. 2009 §410.585; Ord. No. 2040 §9-4, 9-15-2003]
All proposed improvements shall be in accordance with the final improvement standards set forth in the City's Land Subdivision Control Ordinance. Exceptions to these requirements may be granted subject to approval by Board. Final site plan approval, including compliance with the City's Land Subdivision regulations as they apply to the development, shall be required prior to the authorization of any clearing, grading or construction permit(s).
Section 410.590 Maintenance of Constructed Improvements.
[R.O. 2009 §410.590; Ord. No. 2040 §9-5, 9-15-2003]
Buildings, structures, landscaping and other improvements shall be constructed, installed and maintained in accordance with the site plan as approved by the City. It shall be the duty of the owner of the property to maintain such improvements.
Section 410.600 Overlay Districts.
[R.O. 2009 §410.600; Ord. No. 2040 §9-6, 9-15-2003]
Project proposals in each "overlay district" listed below subject to site plan review shall demonstrate compliance with specific standards in each district. The overlay district regulations apply in addition to underlying zoning regulations; and in case of conflict, the overlay district regulations shall guide site plan review and approval. The site plans must show the extent to which structures, walkways, roads, signage, driveways, open space (if any), parking lots and related on-site and off-site improvements are proposed to be planned and made to achieve the objectives in each of the following overlay districts:
Downtown Overlay District;
Transitional Multi-Use Overlay District;
Corridor Review Overlay District; and
Manufactured Home—Residential Design Overlay District.
Section 410.610 Downtown Overlay District.
[R.O. 2009 §410.610; Ord. No. 2040 §9-6(A), 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The Downtown Overlay District intends to maintain the downtown character through an increased emphasis on compatible design and community appearance, while accommodating sensitive adaptive reuse of Main Street buildings. The district seeks to ensure that new development maintains the historic nature of the area, rather than sharp, incompatible changes in land uses. The site plan shall demonstrate the extent to which the proposal achieves the objectives of this Article.
1.
Applicable area. As designated in the Comprehensive Plan Future Land Use Map "Downtown Commercial" area.
Section 410.620 Transitional Multi-Use Overlay District.
[R.O. 2009 §410.620; Ord. No. 2040 §9-6(B), 9-15-2003]
A.
The site plan shall demonstrate the extent to which the structures, walkways, roads, driveways, open space (if any) and parking lots in the "Transitional Multi-Use Overlay District" have been proposed to achieve the following objectives. The overlay district seeks to maintain the residential character of the Fairgrounds Avenue corridor where homes are developed and accommodate limited retail commercial uses.
1.
Applicable area. As designated in the Comprehensive Plan Future Land Use Map "Transitional Multi-Use Area".
3.
Land use limitations.
a.
Development should be compatible with the surrounding area, including planned future land uses, and should not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. Compatibility shall consider, without limitation, the type and intensity of use.
b.
Development shall be appropriately buffered and screened consistent with City regulations and by using generally accepted planning principles and techniques to minimize interference with adjoining properties and public roadways.
c.
All uses or activities shall be operated in such a manner as to not be objectionable by reason of noise, odor, dust, glare/light, fumes, smoke, gas, vibrations or other similar causes which would constitute a public nuisance.
d.
All uses shall have adequate public facilities, utilities and services, in accordance with all applicable governmental regulations, prior to the commencement of operations.
e.
Commercial uses should be sited so that exterior finishes are compatible with the adjacent use. Outdoor refuse storage areas should be designed as residential refuse enclosures if adjacent to residences.
Section 410.630 "M-13" Highway Corridor Overlay District.
[R.O. 2009 §410.630; Ord. No. 2040 §9-6(C), 9-15-2003; Ord. No. 2071 §1, 5-17-2004]
A.
Objectives. The "M-13" Highway Corridor Overlay District intends to preserve land use order through an increased emphasis on compatible design and community appearance along the highway entrances to the City. The district seeks to ensure that new development is compatible with highway access and best management practices for strip commercial development. The site plan shall demonstrate the extent to which the proposal achieves the objectives of this Article.
1.
Applicable area. As designated in the Comprehensive Plan Future Land Use Map "Corridor Review District" area.
3.
Land use limitations and standards
a.
Site plan review shall be conducted by the Planning Commission.
b.
Corridor review design guidelines in the Comprehensive Plan shall be applied during site plan review site plans.
c.
The "clustering" of commercial and retail uses should be encouraged close to intersections of the highway and major streets.
d.
Buildings visible from M-13 Highway shall have either their main entrance or a principal wall facing the highway. These main entries or principal walls shall be emphasized by distinct and accented features scaled and oriented to the highway. Views of building-related elements such as service areas, parking lots, utilities, building equipment (e.g., roof-mounted air conditioners), loading docks, trash containers and storage areas shall not be directly visible from M-13 Highway.
e.
Additions to existing buildings shall adhere to the setback standards in the underlying zoning requirements, however, building additions that correct or improve existing non-conforming or substandard conditions will be allowed.
f.
All commercial, retail and business buildings other than industrially zoned buildings shall have a setback at least fifty (50) feet from the nearest M-13 Highway right-of-way line. All multi-family housing and all industrially zoned buildings shall have a setback at least one hundred (100) feet from the highway right-of-way.
g.
All non-residential and multi-family housing parking lots shall be set back at least fifteen (15) feet from the nearest M-13 Highway right-of-way line and loading areas shall not encroach into any required yard setback.
h.
Architectural design shall not be monotonous or without variation or variety and shall create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. Walls facing M-13 Highway shall not appear to be the back or rear side of a building. The use of walls with little detailing, devoid of windows and/or doors or completely blank is prohibited if facing onto M-13 Highway. Mirrored or reflective glass on buildings shall be designed to minimize glare onto M-13 Highway. A coordinated color palette is required for all developments. No outside storage areas shall be directly visible from M-13 Highway. Cooperative design/planning by adjoining property owners shall be addressed, and site plans shall reflect an understanding of and coordination with existing or proposed facilities on adjoining properties.
i.
Building facades that are one hundred (100) feet or greater in length shall incorporate recesses and projections along at least twenty percent (20%) of the length of the building facade. Windows, awnings, arches and arcades must total at least sixty percent (60%) of the facade length abutting any public street.
j.
Overly long horizontal facades shall be articulated with variations in the building plane and parapet height, materials and colors, entrance canopies and landscaping. Visual relief for parking lots along the facade should be achieved horizontally through the use of landscaped fingers and islands containing trees and shrubs.
k.
New development occurring on Highway 13 between 29th Street south to State Highway MM shall require an additional ten (10) feet of right-of-way on each side of Highway 13 for possible future turn lanes and allow no sidewalks in the right-of-way.
Section 410.640 Manufactured Home - Residential Design Overlay District.
[R.O. 2009 §410.640; Ord. No. 2040 §9-6(D), 9-15-2003]
A.
The site plan shall demonstrate the extent to which the structures proposed within the overlay district achieve the following objectives:
1.
Applicable area. As designated in the Comprehensive Plan Future Land Use Map "Manufactured Home—Residential Design" area.
3.
Land use limitations and standards.
b.
Manufactured home—residential design structures shall be not be granted variances from lot and yard requirements of the underlying district.
c.
Manufactured home—residential design structures shall be allowed only as infill development on an existing conforming lot of record, not as a newly platted subdivision.