The City's decision-making bodies and officials described in this Article, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this Chapter in the manner described in this Article or allowed by law.

(Ord. No. 2021-029, § 1, 10-18-21)

The City Manager shall appoint a Zoning Official, or designee, whose duties and responsibilities shall include, but are not limited to:

(1)

Accept and process all submitted applications for specific use permits, text amendments to the zoning regulations, modifications, variances and/or waivers to the zoning regulations and amendments to the official zoning district map;

(2)

Prepare staff comments for review by the Planning and Zoning Commission, City Council, and the Board of Adjustment;

(3)

Represent the City at all public hearings;

(4)

Maintain all records, minutes, and the official zoning district map, related to the enforcement and procedures of this Chapter;

(5)

Serve as the enforcement officer to ensure compliance with this Chapter;

(6)

Serve as liaison between the Planning and Zoning Commission and City Council; and

(7)

Perform other duties as necessary and appropriate to uphold the provisions of this chapter.

(Ord. No. 2021-029, § 1, 10-18-21)

(A)

In addition to the stated responsibilities and duties in the City's Charter, the Planning and Zoning Commission shall be responsible for the following:

(1)

Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the Zoning Official;

(2)

Consider the interests of the public related to the public health, safety, morals and general welfare;

(3)

Identify the appropriateness of requested map and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and land use policies;

(4)

Make recommendations to the City Council, in the form of a final report, related to approval or denial of an application;

(5)

The Commission shall review and decide the following types of applications for development approval of preliminary and final plats;

(6)

Develop and recommend to City Council a comprehensive plan for the long-range development of land in the city pursuant to V.T.C.A., Local Government Code § 213.001 et seq.;

(7)

Perform other such duties and be vested with such powers as the City Council shall from time to time prescribe.

(B)

Composition, appointment. The Planning and Zoning Commission shall consist of seven members who are appointed by the Mayor, and which appointment shall be approved by a majority of the City Council members present. The seven members shall be composed of a chairperson, vice chairperson, and five members. The chairperson, or in his/her absence, the vice chairperson, shall conduct and preside over the meetings.

(C)

Terms, filling vacancies. Each appointment of a member of the Planning and Zoning Commission shall be for a two-year term. The appointments shall be made at the regular December meeting of the City Council in odd-numbered years from that date until the regular December meeting in the next odd-numbered year. Any vacancy due to death, resignation, or other reason shall be replaced by an appointee selected in the manner provided herein as soon as practical after such vacancy. Such appointment shall be for the unexpired term of office.

(D)

Meetings. The Planning and Zoning Commission shall hold regular monthly meetings and may call any special meetings necessary to conduct business. The meetings shall be held in accordance with the state open meeting law and proper notice of meetings posted as required.

(E)

Officers. The chairperson and vice chairperson of the Planning and Zoning Commission shall be elected from the Planning and Zoning Commission by a majority vote of a quorum of the Planning and Zoning Commission once every year at the regular January meeting. Should a vacancy occur, for whatever reason, in either the position of chairperson or vice chairperson of the Planning and Zoning Commission, such vacancy shall be filled by a majority vote of a quorum of the Planning and Zoning Commission at the next meeting immediately following such vacancy. Such term shall be for the remainder of the unexpired term.

(F)

Attendance at meetings. The members are required to attend all regular and special called meetings of the Planning and Zoning Commission. Should any member miss three consecutive regular meetings, such member may be removed, at the discretion of the Mayor.

(G)

Public hearings. The Planning and Zoning Commission shall hold public hearings as required by law and at the request of the City Council. The chairperson of the Planning and Zoning Commission shall conduct and preside over such meetings. The meeting shall be conducted in a public place and with members of the Planning and Zoning Commission present.

(Ord. No. 2021-029, § 1, 10-18-21)

Editor's note— Ord. No. 2021-029, § 1, adopted October 18, 2021, amended the title of § 156.33 to read as herein set out. The former § 156.33 title pertained to planning and zoning board.

In addition to the responsibilities and duties referenced in Article IX. Administrative Provisions, of the City Charter and in Title III, Chapter 30, Administration, of the City Code of Ordinances, the City Council shall have the powers and duties to perform the following:

(1)

Amend the zoning regulations of the city, in accordance with state law, following consideration, public hearing and a report from the Planning and Zoning Commission;

(2)

Initiate, on behalf of the city, any amendment in the zoning classification of any land within the city; and

(3)

Hear and decide on recommendations of the Planning and Zoning Commission, after receipt of a final report, for applications related to rezoning requests and text amendments.

(Ord. No. 2021-029, § 1, 10-18-21)

Editor's note— Ord. No. 2021-029, § 1, adopted October 18, 2021, amended the title of § 156.34 to read as herein set out. The former § 156.34 title pertained to city commission.

An application for an amendment to the text of this chapter or the official zoning district map may be initiated by the Planning and Zoning Commission, City Council, or by a landowner filing a complete application with the Zoning Official.

(Ord. No. 2021-029, § 1, 10-18-21)

A complete application for amendment of the text of this chapter or the official zoning district map shall be submitted to the Zoning Official in a form established by the city. No application shall be processed until the established fee has been paid and the application has been deemed complete by the Zoning Official. No application or fee shall be required when the amendment is proposed by the Planning and Zoning Commission or City Council.

If a landowner application for a zoning change is not submitted by the owner of the property under consideration, a notarized letter from the landowner authorizing said applicant to act as the agent on behalf of the landowner is required. A landowner application shall include, but is not limited to, the following information:

(1)

Name, address, and telephone number of applicant(s), owner(s), and agent(s);

(2)

A statement of the reasons why the amendment is being requested;

(3)

Legal description of the property that is the subject of the proposed amendment;

(4)

Filing fee, as established by the City Council; and

(5)

Other information or documentation necessary to process the application, as required by the Zoning Official, Planning and Zoning Commission, and/or City Council.

(Ord. No. 2021-029, § 1, 10-18-21)

The Zoning Official, Planning and Zoning Commission, or City Council may require an applicant for map amendments to submit such technical studies as may be necessary to enable the Planning and Zoning Commission or City Council to evaluate the application. Required studies may include, but are not limited to, traffic studies, engineering studies, noise studies or economic impact reports. The costs of all studies shall be borne by the applicant. The person or firms preparing the studies shall be subject to the approval of the city.

(Ord. No. 2021-029, § 1, 10-18-21)

The Zoning Official or the Planning and Zoning Commission may establish submission deadlines for materials required in support of any application submitted under this chapter. Compliance with such deadlines shall be required in order to have the application placed on the Planning and Zoning Commission's agenda.

(Ord. No. 2021-029, § 1, 10-18-21)

Public notice of hearings held before the Planning and Zoning Commission or Commission of Adjustment, unless otherwise required by law, shall be given as follows:

(1)

Mailing. Before the 10th day before the date of the public hearing, written notice of the time and place of a public hearing for a change in district boundary shall be sent by the applicant to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which a change in classification is proposed. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed by the applicant, failure to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the applicant shall file with the Zoning Official the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(2)

Posting of signs. Notice of required public hearings on landowner applications for a zoning reclassification, a Specific Use Permit, or a variance shall also be provided by way of a sign posted at least ten days before the date of the public hearing on the land that is the subject of the application. One sign shall be posted by the applicant for each 200 feet of frontage along a public street, with a maximum of three signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application. The sign shall be furnished by the city to the applicant, and the applicant shall maintain the sign for a least ten days immediately preceding the date of the public hearing. The applicant shall file an affidavit, on a form provided by the city, with the Zoning Official at the time of the public hearing verifying that the sign was posted as required by this section. The provisions of this subsection shall not apply to any application initiated by the Planning and Zoning Commission or the City Commission.

(Ord. No. 2021-029, § 1, 10-18-21)

The Planning and Zoning Commission shall, after due notice in accordance with section 3-9, conduct a public hearing on the proposed amendment. At the public hearing the Planning and Zoning Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted at the public hearing.

(Ord. No. 2021-029, § 1, 10-18-21)

Editor's note— Ord. No. 2021-029, § 1, adopted October 18, 2021, amended the title of § 156.40 to read as herein set out. The former § 156.40 title pertained to planning and zoning board public hearing.

The Planning and Zoning Commission may give consideration to the following criteria, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.

(1)

Conformance of the proposed zoning classification with the city's land use policies.

(2)

The character of the neighborhood.

(3)

The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.

(4)

The suitability of the property for the uses permitted by right in the proposed zoning district.

(5)

The extent to which approval of the application would detrimentally affect nearby properties.

(6)

The extent to which the proposed use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present parking problems in the vicinity of the property.

(7)

The extent to which approval of the application would harm the value of nearby properties.

(Ord. No. 2021-029, § 1, 10-18-21)

Editor's note— Ord. No. 2021-029, § 1, adopted October 18, 2021, amended the title of § 156.41 to read as herein set out. The former § 156.41 title pertained to planning and zoning board consideration.

After the public hearing, the Planning and Zoning Commission shall adopt and transmit a final report to the City Commission recommending approval or denial of the request. A tie vote on a request for an amendment to the official zoning district map is deemed to be a recommendation for denial.

(Ord. No. 2021-029, § 1, 10-18-21)

Editor's note— Ord. No. 2021-029, § 1, adopted October 18, 2021, amended the title of § 156.42 to read as herein set out. The former § 156.42 title pertained to planning and zoning board report.

After receiving the final report of the Planning and Zoning Commission, the City Council shall hold a public hearing on the amendment request, for which notice of the time and place of the hearing has been published in the official newspaper before the 15th day before the date of the hearing date. After the close of the public hearing, the City Council may approve or deny the request, return it to the Planning and Zoning Commission for further consideration, or take whatever other action the City Council deems appropriate.

(Ord. No. 2021-029, § 1, 10-18-21)

If a proposed change in a zoning regulation or classification is protested in accordance with the provisions below, such change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. A protest filed under this section must be written and signed by the owners of at least 20 percent of either (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. In computing the percentage of land, the area of streets and alleys shall be included.

(Ord. No. 2021-029, § 1, 10-18-21)

The City Council may call and hold a joint public hearing with the Planning and Zoning Commission on a request for a text or official zoning district map amendment as provided by state law. In case of a joint hearing, the City Council shall not act on the request until it receives the final report of the Planning and Zoning Commission on the matter. A two-thirds majority of the City Council may prescribe the type of notice to be given of the time and place of a joint public hearing.

(Ord. No. 2021-029, § 1, 10-18-21)

(A)

The Board of Adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008, Board of Adjustment. Under this Chapter, the Board of Adjustment shall perform the following functions:

1.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section;

2.

Hear and decide appeals of any interpretation of the text of this Chapter made by the Zoning Official;

3.

Authorize in specific cases such variances from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; and,

4.

Hear and decide special exceptions to the terms of the zoning ordinance when this Chapter requires the Board of Adjustment to do so.

(B)

In exercising its authority as prescribed in this section, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the Zoning Official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board of Adjustment has the same authority as the Zoning Official.

(C)

The concurring vote of 75 percent of the members of the Board of Adjustment is necessary to:

1.

Reverse an order, requirement, decision, or determination of the Zoning Official;

2.

Decide in favor of an applicant on a matter on which the Board of Adjustment is required to pass under this section; or

3.

Authorize a variation from the terms of this chapter.

(D)

The Board of Adjustment shall meet at least monthly if business is at hand during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Board of Adjustment may determine. All Board of Adjustment meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, V.T.C.A., Government Code Ch. 552.

Furthermore, the City Council hereby designates the Director of Community Development or its designee as the City's Zoning Official.

(Ord. No. 2022-003, § 1, 2-21-22)

(A)

Concurrent with the effective date of this Chapter, the City Commission shall establish a Zoning Board of Adjustment, the composition and activities of which shall be in accordance with V.T.C.A., Local Government Code ch. 211, as amended. The City Commission shall appoint to the Board of Adjustment five (5) regular members and two (2) alternate members. The alternate Board of Adjustment members shall serve in the absence of one or more regular members.

(B)

The City Council shall appoint Board of Adjustment members for terms of two years, with each appointed member assigned to a specific position designated Position 1 through Position 5. Alternates shall be designated Alternate 1 and Alternate 2. The terms of the Board of Adjustment members shall be from June 1st to May 31st with Positions 1, 3 and 5 expiring in odd years and Positions 2 and 4 expiring in even years.

(C)

New or renewed appointments shall thereafter be for terms of two years in a staggered fashion as above. Vacancies shall be filled for the unexpired term.

(D)

The City Commission may remove a Board of Adjustment member for cause, as found by the City Commission, on a written charge after a public hearing.

(E)

The members of the City of Hitchcock Board of Adjustment may serve as the Building Standards Commission.

(Ord. No. 2022-003, § 1, 2-21-22; Ord. No. 2023-002, § 1, 1-23-23)

(A)

The Board of Adjustment by majority vote shall adopt rules to carry out the duties conferred by this chapter. Meetings of the Board of Adjustment shall be held at the call of the presiding officer and at other times as determined by the Board of Adjustment and with the approval of the governing body. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public.

(B)

The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board of Adjustment shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately with the City Secretary and are public records.

(Ord. No. 2019-0032, 12-16-19)

Variances are deviations from the property development standards for the applicable zoning district where development is proposed. The Board of Adjustment shall have the authority to grant variances upon such terms and conditions as it deems necessary and appropriate, in accordance with V.T.C.A. Local Government Code Section 211.

(Ord. No. 2019-0032, 12-16-19)

A complete application for a variance shall be submitted by a landowner, or an agent acting on behalf of the landowner, to the Zoning Official, on a form prescribed by the City, along with a nonrefundable fee, which may be established from time to time by the City Commission. No application shall be processed until the application fee has been paid and the application has been determined to be complete by the Zoning Official. The Zoning Official may require that the applicant submit additional information necessary to undertake a complete analysis and evaluation of the variance request and to determine whether the circumstances prescribed for granting the variance exist.

After determining that the application for a variance is complete, the Zoning Official shall review the application and prepare a report, which may include a recommendation of approval, approval with conditions, or disapproval based upon criteria in accordance with V.T.C.A. Local Government Code Section 211.

(Ord. No. 2019-0032, 12-16-19)

After due notice, the Board of Adjustment shall hold a public hearing on an application for a variance. At the public hearing, the Board of Adjustment shall consider the application, the report of the Zoning Official, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the Board of Adjustment shall vote to approve, approve with conditions, or disapprove the application for a variance.

To approve an application for a variance, the Board of Adjustment shall make an affirmative finding that each of the following criteria are met:

1.

Special circumstances exist that are peculiar to the land or structure.

2.

These special circumstances are not self-imposed or the result of the actions of the applicant.

3.

Literal interpretation and enforcement of the terms and provisions of this Chapter would cause an unnecessary and undue hardship.

4.

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this Chapter and would result in substantial justice.

5.

Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

6.

Such variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.

7.

The variance will not adversely affect the health, safety or welfare of the public.

The Zoning Official may recommend and the Board of Adjustment may impose such conditions on a variance as are necessary to accomplish the purposes of this Chapter, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include, but are not limited to, limitations on size, bulk, or location; standards for landscaping, buffering and screening, lighting, adequate ingress and egress, and parking; other on-site improvements; and, limitations on the duration of the permit.

(A)

Generally. Issuance of a variance shall authorize only the particular variation which is approved in the variance request and shall not constitute a precedent. A variance shall run with the land.

(B)

Time limit. Unless otherwise stated in the variance, an application to commence construction of the improvements that are the subject of the variance must be applied for and approved within six (6) months of the date of approval of the variance; otherwise the variance shall automatically become null and void. Upon written request, and for good cause shown, one extension of the six(6)-month timeframe may be granted by the Board of Adjustment.

(A)

As specified in V.T.C.A., Local Government Code § 211.010, any person aggrieved by, or any officer, department, board, or bureau of the city affected by the decision of the Zoning Official on matters contained within this section, may appeal such decision to the Board of Adjustment. The appellant must file with the Board of Adjustment and the official from whom the appeal is taken, that is not related to a specific application, address, or project:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board, or bureau of the municipality affected by the decision.

(A-1)

Except as provided by Subsection (E), any of the following persons may appeal to the Board of Adjustment a decision by an administrative official that is related to a specific application, address, or project:

(1)

A person who:

(a)

Filed the application that is the subject of the decision;

(b)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(c)

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(2)

Any officer, department, board, or bureau of the municipality affected by the decision.

(B)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed not later than the 20th day after the date the decision is made. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(C)

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.

(Ord. No. 2019-0032, 12-16-19

(A)

The Board of Adjustment shall apply the following standards in deciding the appeal:

1.

That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.

2.

That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.

3.

The decision of the Board of Adjustment must be such as will be in the best interest of the community and consistent with the spirit and intent of the City's zoning regulations.

(B)

An appeal that involves an interpretation of a term contained in this Chapter, and that is decided contrary to the zoning or administrative official's decision, shall be kept on file with the Zoning Official and shall constitute the official meaning of the term until such may be amended by the City Commission.

(A)

Special exceptions are deviations from otherwise applicable performance standards where development is proposed that would be compatible with surrounding land uses, in keeping with the public interest, and consistent with the purposes of this Chapter. They must be specifically authorized by this Chapter in order for the Board of Adjustment to consider an application.

(B)

To approve a special exception, the Board of Adjustment shall make an affirmative finding that granting the special exception will:

1.

Ensure the same general level of land use compatibility as the otherwise applicable standards;

2.

Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;

3.

Not adversely affect property values in any material way; and

4.

Be generally consistent with the purposes and intent of this Chapter.

(C)

The Board of Adjustment, upon application for a special exception, shall set a reasonable time for a hearing, and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the hearing in person or by agent or attorney.

(D)

A special exception applies only to the property which is applied for and approved, shall not constitute a precedent, and shall run with the land.

(A)

After the effective date of this Chapter, no multiple family residential property zoned "HR", commercial property zoned "NC" or "GC", or industrial property zoned "GI" may be developed or redeveloped without a site development plan first having been submitted to and approved by the Planning and Zoning Board. For the purposes of this section, the term "redeveloped" refers to any site improvement that increases the value of the building or property by fifty (50) percent or more. If a permit for development, in accordance with the approved plan, is not issued within one (1) year after approval of such plan, such approval shall expire and be of no force or effect. Time extensions may be granted up to one (1) additional year by the Planning and Zoning Board.

(B)

Review of plans. When the application and plans are complete, a meeting will be scheduled before the Planning and Zoning Board. The Planning and Zoning Board will review the complete application and all plans and, upon approval by the Planning and Zoning Board, the applicant may submit final development plans for issuance of a building permit. Upon review and approval, the Zoning Official shall notify the applicant in writing of its approval, disapproval, or the conditions or modifications necessary before approval on subsequent submission.

1.

Master development plan. A master plan must be provided for all business and commercial developments to be developed in phases or sections. The master plan shall be prepared and approved in accordance with the site development plan requirements stated herein. The master plan shall be submitted prior to or with the first section of development of the site and with all sections thereafter. All properties within a single site must be contiguous and immediately adjacent to one another or be the subject of additional development plans and filing fees.

The master development plan shall consist of the following:

a.

Overall map of the total site indicating lots, blocks, reserves and other parcel lines.

b.

Storm water drainage overlay or plans with topographic contours and drainage areas outlined.

c.

Wastewater collection main overlay or plans and profile as required by the City.

d.

Water distribution main overlay or plans and profile as required by the City.

2.

Site development plan. Site development plans are required for all developments within the "HR", "NC", "GC" and "GI" zoning districts, which requires submission and approval by the Planning and Zoning Board. Seven (7) copies of the site development plan(s), accompanied by the master development plan, shall be submitted in support of the application to the Zoning Official for review and consideration by the Planning and Zoning Board. Disapproval of a site development plan by the Planning and Zoning Board may be appealed to the City Commission by the property owner by filing a notice of appeal with a fee to the City Secretary and the Zoning Official within ten (10) days following the Planning and Zoning Board's decision.

3.

Site development plan graphic requirements. Each site development plan shall contain the following information:

a.

North arrow, scale and date.

b.

Key map showing orientation of the area being developed in relation to adjacent areas and public streets.

c.

Proposed name of the development.

d.

Name and address of the landowner(s), architect, engineer, planners, surveyor, agent or other person involved in the preparation of the plan.

e.

An accurate boundary survey of the property, prepared by a registered public surveyor, with bearing and distances, referenced to section/original survey corners, and showing the lines of adjacent lands and streets and their names and widths.

f.

The location, right-of-way width, and driving surface width of existing and proposed streets within the development and immediately adjacent to it, and the proposed method of street surfacing.

g.

The alignment of proposed streets relative to the existing street network. Dependent upon the location of the proposed development, the Planning and Zoning Board may require designation of arterial roadways and/or stub-outs for arterial or collector streets to be platted to provide for adequate ingress and egress to both present and future adjacent developments.

h.

The width, depth and location of all lots.

i.

The location of all building lines.

j.

The names, locations, widths and purposes of all existing and proposed easements.

k.

Existing and proposed utilities on and adjacent to the site, including the sizes of existing utilities and the location of proposed junctions with the existing system.

l.

Surrounding activities, uses, and influences of the site within two hundred (200) feet, including adjacent property owners, streets, alleys, watercourses, pipelines, easements, buildings and other improvements.

m.

One(1)-foot elevation contours on both existing and planned facilities based upon the latest United States Contour and Geodetic (USC&G) survey.

n.

Any land areas within the one hundred (100) year flood plain.

o.

Street design dimensions or a reference to the minimum standards for tangents, arcs, and radii.

p.

Locations of fire hydrants, storm drainage system improvements, street lights, and other facilities or improvements.

q.

Location, massing and pattern of existing vegetation.

r.

Building setback lines.

s.

Traverse lines along streams and easements to be shown adjacent to high banks of streams and waterways.

t.

Lot, block and section numbers placed consecutively.

u.

A schedule including total floor area, dwelling units, land area, parking spaces, land use intensity and other quantities relative to the submitted plan.

v.

Accompanying documentation, as required and necessary, including an original copy of the current title commitment letter; an affidavit from the property owner of record stating no additional easements are required (as appropriate); letters of review/receipt by the Fire Official, postal service; affidavit that all existing and proposed pipelines crossing the property have been satisfactorily provided for to the requirements of the pipeline operator and that such pipeline operator agrees to all crossing of pipelines by proposed streets and other development features; utility companies' affidavits of review; statements by a registered engineer, upon request, shall be accompanied by drainage calculations of the impact of water runoff based upon acceptable design criteria; an engineered plan for mitigation of flooding issues approved by the governmental authority having jurisdiction; and, a statement by the property owner dedicating facilities intended for public use.

4.

Manufactured home community site development plan graphic requirements. A site plan shall be prepared for each manufactured home community and shall provide the following information:

a.

The name and address of the fee owner of, and the applicant for, the proposed or existing Manufactured Home Community;

b.

Location and legal description of the proposed or existing Manufactured Home Community;

c.

Name as shown on the plat of the Manufactured Home Community;

d.

Names of adjacent public or private streets and roads, adjacent subdivisions, and property owners of unplatted land;

e.

Contour lines at one(1)-foot intervals;

f.

Locations and dimensions of all manufactured home lots, points of ingress and egress, utility easements, drives, recreation areas, greenbelts, fencing, signage, streets, and sidewalks. Each manufactured home lot and common facility area shall be sequentially numbered;

g.

Scale of site plan and complete dimensions for each lot, street, and open area;

h.

Density in units per gross acre;

i.

Area and dimensions of entire site;

j.

Areas defined for waste containers and the proposed method of disposal;

k.

Dimension, description, and location of common facilities;

l.

Water and sewer plans must be submitted, on separate sheets if necessary, and must show sewer line locations, grades and sizes, and water line locations, sizes and source of water supply.

m.

Paving and drainage plans must be submitted, on a separate sheet if necessary, and must show the directions and calculated quantities of runoff and the proposed specifications for streets in accordance with the City's ordinances.

5.

Parking site development plan. A site development plan shall be required for the construction of any off-street parking lot required by these regulations. In addition, a site plan shall be required for the surfacing of an existing, unpaved parking lot, or the expansion of an existing parking lot. No site plan is required for the resurfacing of an existing, paved parking lot, provided that the area of the parking lot is not being increased and no new driveways are being added.

6.

When a site plan is required by this section, it shall be drawn on sheets twenty-four (24) by thirty-six (36) inches, to a minimum scale of one (1) inch to fifty (50) feet. The site plan shall consist of the following:

a.

The name, location, owner and designer of the proposed development, including the owner's address and telephone number;

b.

Date, north arrow and scale;

c.

The locations and dimensions of all property lines, rights-of-way, and easements;

d.

The existing and proposed topographic characteristics of the site;

e.

The locations and dimensions of all existing and proposed driveways, parking facilities, maneuvering areas, loading areas, commercial garbage dumpster pads and related screening, sidewalks, curbs, gutters, buildings, structures, screening fences and other walls or fences, and exterior lighting;

f.

Information and calculations necessary to verify compliance with the off-street parking and loading regulations, including land use, gross floor area, gross leasable area, number of dwelling units, seating capacity, projected number of employees, and other appropriate data;

g.

All existing and proposed utilities;

h.

Existing drainage facilities and plans for proposed drainage improvements and surface materials;

i.

Fire lane plan approved by the Fire Official.