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Kronenwetter City Zoning Code

§ 520-124

Site plan procedures.

A.

Applicability. Site plan approval shall be required in advance of construction for all development projects that are listed in subsection 520-16.J or as otherwise stated elsewhere in this chapter.

B.

Pre-application conference. Prior to the official submission of an application for site plan review, the applicant shall confer with the zoning administrator or designee. The purpose of this conference will be to discuss the proposed nature of the contemplated development project. The zoning administrator or designee may also refer the matter to the plan commission for concept plan review prior to submittal of a formal application.

C.

Application completeness. The applicant shall submit a site plan application to the zoning administrator. The site plan application shall not be placed on an agenda as an action item unless the application is approved and certified as complete by the zoning administrator. The review of a site plan application for completeness shall occur within ten working days of application submittal, or else the application shall be considered complete. The zoning administrator shall notify the applicant of the date and time of the plan commission meeting. Applications must be complete at least ten days in advance of a commission meeting to be scheduled for action at such meeting (as opposed to the subsequent meeting), except under acceptable circumstances as determined by the zoning administrator. Following acceptance of a complete application, the zoning administrator shall send notice of the time, place, and purpose of the commission meeting to owners of record of all lands within 100 feet of the boundaries of the subject property.

D.

Application contents. The applicant shall provide the zoning administrator with the complete application certified by the zoning administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the zoning administrator. Except as otherwise allowed below or with the express approval of the zoning administrator, the application shall include the following information within the site plan or in supporting documentation to be considered complete:

(1)

A completed application on a form provided by the zoning administrator.

(2)

A title block that indicates the name, address, and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project.

(3)

The date of the original plan and the latest date of revision to the plan.

(4)

A north arrow and a graphic scale.

(5)

A legal description or plat of survey of the subject property.

(6)

All property lines and existing and proposed right-of-way lines, with bearings and dimensions clearly labeled.

(7)

Delineations and labels of floodplains, shoreland-wetlands, shoreland areas, steep slopes, and other natural resource areas.

(8)

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.

(9)

All required building setback lines/minimum yards applicable to the zoning district(s), including setbacks from natural resource areas.

(10)

A grading plan at the same scale as the main site plan, showing existing and proposed grades; finish floor elevations of all existing and proposed buildings; elevations of adjacent curbs, property lines, and street center lines; and retention walls and related devices.

(11)

An erosion control plan meeting applicable state and local requirements.

(12)

The location of existing and proposed stormwater management and structures, along with any technical data required by the director of public works or designee, to determine the adequacy of the proposed facilities.

(13)

Proposed land use or uses, with projected number of employees, residents, and maximum customer capacity.

(14)

All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, walls, wells (in use or abandoned), on-site waste treatment tank locations and drainage fields, labeling actual and proposed setbacks from all lot lines.

(15)

The location and dimension of all access points onto public streets.

(16)

The location and dimension of all on-site parking (and, if applicable, off-site parking), including a summary of the number of parking stalls provided versus required by this chapter.

(17)

The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas.

(18)

The location of all outdoor storage areas, including dumpsters, and the design and materials for all screening fences.

(19)

The location of all outdoor areas for daily, seasonal, or longer-term sales, display, and/or collection of merchandise, including but not limited to donation dropoff boxes and vending machines.

(20)

The location, type, height, fixture design, and cut-off angle of all exterior lighting, including a detailed photometric plan showing the distribution of light output across the property to the property lines.

(21)

A detailed landscaping plan for the subject property at the same scale as the main plan showing the location, type, and size of all proposed landscaping.

(22)

Elevation drawings, drawn to a recognized architectural scale, of proposed buildings or proposed remodeling of existing buildings, to include exterior or roof mechanical equipment and lighting, and showing finished exterior treatment, with adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance.

(23)

The location, type, height, size and lighting of all existing signage on the subject property, and for proposed signage to the extent practical at the time. Multitenant retail centers and group developments shall provide a sign plan for the project that:

(a)

Meets the submittal requirements of subsection 520-101.B.

(b)

Includes proposed signable areas on building facades.

(c)

Includes a group development sign with space for individual business identification, if desired.

(24)

In the site plan map legend, the following additional data for the subject property:

(a)

Reserved.

Editor's note— Former subsection D(24)(a), listing proposed or existing zoning, was repealed April 11, 2017 by Ord. No. 17-10.

(b)

Lot area.

(c)

Total number and type of residential dwelling units (if applicable).

(d)

Total gross floor area of the building and outdoor storage space.

(e)

Landscape surface area, and percentage of site to be covered in green space.

(f)

Building heights.

(25)

Plans and methods for fire control and suppression, which may include hydrants, sprinklers, alarms, and/or access rooms. Compliance with the Fire Code shall be required.

(26)

If hazardous materials are to be kept or stored on site, a written description of such materials and the operations involving such materials conducted on their property. The village may also require a process safety management, risk management, containment, and emergency response program.

(27)

A fee as established by the village board and stated in the village's fee schedule.

E.

Review by other local staff. Promptly upon his or her approval of a complete site plan application, the zoning administrator shall forward the complete site plan application and all associated materials to the following: Village administrator, building inspector, public works director, police chief, and fire inspector. Such persons may review the site plan application, and if so shall provide advice and recommendations to the zoning administrator within five days of their receipt of such materials to assure consideration in the zoning administrator's report.

F.

Zoning administrator review and recommendation. The zoning administrator or designee shall prepare a written evaluation of the application based on the criteria for site plan approval in subsection G. The zoning administrator or designee shall forward a copy of the evaluation to the plan commission, village board, and applicant.

G.

Site plan review criteria. In acting on any site plan approval request, the appropriate site plan approval authority shall review the request against all applicable requirements of this chapter. Should additional public facilities be needed to serve the proposed site, the approval authority shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

H.

Action by plan commission; appeal procedure. Except as provided in subsection I, the plan commission shall, within 45 days of a complete submittal, approve the site plan as presented, approve the site plan with conditions, or reject the site plan, indicating reasons for rejection, unless this time frame is extended by written agreement of the applicant. Such deadline may be extended by written or electronic agreement from the applicant. The zoning administrator shall notify the applicant of such action in writing on a form designed for that purpose. Within 20 days of such action, the applicant may appeal in writing all or part of the plan commission's decision to the village board. During the appeal process, the zoning administrator and building inspector are authorized to hold the issuance of permits to enable commencement or continuation of building and other activities authorized by the zoning administrator's decision, and to issue a stop-work order for any such activities already commenced. The village board may affirm, modify, or reverse the plan commission's decision. The plan commission shall inform the village board of all site plans submitted, reviewed, approved, and rejected under this subsection H during each meeting.

I.

Action by village board.

(1)

The plan commission shall not determine a site plan application, but shall forward the complete site plan application or components thereof, all associated materials, and a report and recommendation to the village board in all cases where at least one of the following conditions is present:

(a)

The applicant has indicated on the application form a desire for village board action instead of plan commission action.

(b)

The application is filed concurrently with a rezoning application for the same site.

(c)

The site plan is for a large retail and commercial service development as described in section 520-77.

(d)

The site plan proposes public improvements other than driveway connections to public streets and sanitary sewer or water lateral connections to existing public mains, or in the opinion of the commission requires such improvements.

(e)

A written agreement between the village and applicant requires village board approval of the site plan.

(2)

In the above instances, the village board shall, between ten and 60 days of submittal of plan commission referral, approve the site plan as presented, approve the site plan with conditions, or reject the site plan, including reasons for rejection, unless this time frame is extended by written or electronic agreement of the applicant. The zoning administrator shall notify the applicant of such action in writing on a form designed for this purpose.

J.

Appeal to village board. An appeal of a decision under subsection H may be taken to the village board by any person, firm or corporation or any officer, department, board, commission or agency of the village who is aggrieved by the decision. Such appeal shall be made in writing to the zoning administrator within ten days after the date of the commission's decision. In the case of an appeal:

(1)

The zoning administrator and building inspector shall issue no permits to enable commencement or continuation of building and other activities authorized by the site plan, and shall issue a stop-work order for any such activities already commenced.

(2)

The zoning administrator shall immediately notify the applicant and property owner of the appeal in writing and shall schedule the appeal for village board consideration.

(3)

The village board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for site plan approval after receiving and reviewing the commission's findings and making its own findings as to whether or not the proposed use will satisfy the standards for approval set forth in subsection G, and shall have all of the powers of the commission under this section. The village board's determination shall be final and subject to appeal to the circuit court under any procedure authorized by statute.

K.

Modification of approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. Except under acceptable circumstances, as determined by the zoning administrator, an approved site plan shall be revised and approved via the procedures for original approval above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

L.

Sunset clause. All buildings on an approved site plan not fully developed within two years of final site plan approval shall expire, and no additional site development shall be permitted on undeveloped portions of the subject property. The appropriate site plan approval authority may extend this period, if requested by the applicant, based on reasons beyond the reasonable control of the applicant.

M.

Fee. The village may require a fee for this procedure, as established by the village board and stated in the village's fee schedule.

(Ord. No. 16-07, 6-20-2016; Ord. No. 17-10, 4-11-2017)