The site plan review process promotes orderly development and redevelopment in the city, and ensures such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with the comprehensive plan, ensures the appropriate use of current and proposed infrastructures, and promotes the general welfare of the city. This section provides standards by which to determine and control the physical layout and design to achieve the following purposes:

   (1)   Compatibility of land uses, buildings, and structures.

   (2)   Protection and enhancement of community property values.

   (3)   Efficient use of land.

   (4)   Minimization of traffic, safety hazards, and overcrowding problems.

   (5)   Minimization of environmental problems.

   (6)   Appropriate placement and use of infrastructure.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 10-3, § 1, 3-26-10; Ord. No. 2024-O-28, § 1, 12-9-24)

   (a)   Certain uses and certain areas designated for more intensive use require additional regulation to protect the public health, safety and welfare. A site plan review shall be required for every application for a building permit as required by this ordinance as a condition for approval of a use located in a R-3, R-4, B-3, B-4, I-1 or I-2 zoned district or for the following uses: banks and financial services, car washes, churches or temples, department stores, farm equipment sales and services, gasoline and service stations, grocery stores, hotels or motels, restaurants (fast food/drive through), restaurants (sit down) or truck stops.

   (b)   Any building or property utilizing city utilities to ensure safe and appropriate utility placement.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 10-3, §§ 1, 32, 3-26-10; Ord. No. 2024-O-28, § 1, 12-9-24)

      (1)   Level of review: The type of proposed construction or exterior modification to the building, structure or site shall be classified as falling within one (1) of following four (4) levels for purposes of determining the appropriate level of review. Should an application propose changes that are classified into more than one (1) level, the overall application shall be classified according to the highest (most intensive) review level indicated. The review levels shall consist of the following:

         (a)   Level 1 changes: Change in use without exterior building or site modifications. No change shall be made without a change of use permit:

            1.   Purpose: To ensure that the proposed change of use complies with the provisions of this ordinance, the comprehensive plan and other adopted plans and to ensure that affected agencies may review the proposed change of use.

            2.   Applicability: No land shall be occupied or used, and neither the use of land nor the use of buildings thereon shall be changed, altered or occupied, or used in whole or in part for any purpose, until a change of use permit is issued by the zoning officer. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this ordinance.

      1.   A completed application, on such form as may, from time to time, be prepared by the zoning department.

      1.   A completed application, on such form as may, from time to time, be prepared by the zoning department;

      2.   Samples of building materials, if requested by the zoning department; and

      3.   Exterior elevation drawings and photographs of existing and proposed structures on the subject property, in color, showing the height of buildings.

   (c)   For all level 3, level 4 applications, and for level 2 applications to the extent that the exhibit is necessary to depict the proposed changes:

            1.   A completed application, on such form as may, from time to time, be prepared by the zoning department;

            2.   Samples of building materials, if requested by the zoning department; and

            3.   Exterior elevation drawings and photographs of existing and proposed structures on the subject property, in color, showing the height of buildings.

         (d)   For all level 3, level 4 applications, and for level 2 applications to the extent that the exhibit is necessary to depict the proposed changes:

            1.   Lot: Dimensions, area and easements; property lines, rights-of-way, streets and setbacks;

            2.   Locations of existing and proposed buildings, structures and improvements on the subject property, and the proposed uses of said buildings on the subject property;

            3.   Types and locations of existing and proposed: Utilities, fire hydrants, and lighting facilities;

            4.   Location and description of all machinery, garbage handling equipment, or other materials to be maintained or stored on the property exterior to any building;

            5.   Existing and proposed topography, drainage patterns, and retention or detention facilities;

            6.   Existing landscaping on the subject property, and existing and proposed landscaping and screening, identified by type and height;

            7.   Existing and proposed off-street parking and loading facilities and sidewalks, points of ingress and egress to and from public streets, and location of any parking spaces proposed to be credited toward the off-street parking requirements; and

            8.   Drawings or photographs of all existing and proposed signs.

      (3)   Authority and process:

         (a)   Preapplication meeting: Prior to submitting an application for site plan review approval, the applicant is strongly encouraged to schedule a preapplication meeting with the zoning officer and other city staff, as appropriate, to discuss the proposed work and to become more familiar with all applicable requirements and approval procedures of the city, including other provisions of the zoning, historic preservation and public works codes.

         (b)   Action by the zoning officer: Prior to issuance of a sign permit, building permit, or permit allowing development of a site, the zoning officer shall review all complete applications, to determine compliance with all applicable zoning requirements. The zoning officer shall determine whether the proposed change is a level 1, level 2, level 3 or level 4 change.

            2.   After an level 4 application for a site plan review has been submitted to the zoning commission, the zoning commission shall hold a duly advertised public hearing as prescribed by statute and make a decision to grant or deny the site plan within 60 days of filing of the complete application. The zoning commission decision must be based on the standards listed in section 21.4 and any additional standards of this ordinance. The zoning commission may impose any conditions or requirements which it deems appropriate or necessary to accomplish the purpose of this ordinance. If the zoning commission approves a site plan application, a building permit may then be issued, provided that all other requirements of all other applicable city codes and ordinances are satisfied.

            3.   The city council shall make the decision to grant or deny a site plan application within 60 days of receiving an appeal of the zoning commission decision, based on the standards listed in section 21.4 and any additional standards of this ordinance. The city council may impose any conditions or requirements, including but not limited to, those recommended by the zoning commission, which it deems appropriate or necessary to accomplish the purpose of this ordinance. If the city council approves a site plan application, a building permit may then be issued, provided that all other requirements of all other applicable city codes and ordinances are satisfied.

   (d)   Level 2, level 3 and level 4 changes: The historic preservation commission shall first consider applications for level 2, level 3 and level 4 changes for properties located in all other level 2, level 3 and level 4 applications shall be forwarded to the zoning commission for consideration.  

            1.   Historic preservation commission review:

               a.   A meeting to review the application shall be held before the historic preservation commission within sixty (60) days of receiving the application. The applicant shall be notified of the meeting at least seventy two (72) hours in advance. All decisions or recommendations of the historic preservation commission shall be upon a concurring vote of the majority of a quorum. All decisions or recommendations and any conditions shall be issued in writing.

               b.   Criteria: In considering applications, the historic preservation commission shall consider the following factors:

                  i.   The degree to which the proposed development or change complies with the Marshall design guidelines;

                  ii.   Compatibility of the proposed development with neighboring properties;

                  iii.   Whether strict adherence to the guidelines is reasonable and/or achievable for the application in question; and/or

                  iv.   Whether, although not in full compliance with the Marshall design guidelines, the application as proposed will substantially improve the appearance and function of the building and/or site and will enhance the character of the downtown business district and/or historic preservation district.

               c.   Approval; denial; recommendations;

            2.   Zoning commission review: On applications and appeals submitted to the zoning commission, the zoning commission shall hold a duly advertised public hearing as prescribed by statute and, upon a concurring vote of a majority of a quorum, make a decision to grant or deny the application within sixty (60) days of receipt of the complete application or appeal. The zoning commission recommendation must be based on the standards listed in section 21.4 and compliance with any additional standards of this ordinance. In making its decision, the zoning commission may impose additional conditions and requirements as are appropriate or necessary to protect the public health, safety, and welfare and to carry out the purpose of this ordinance. If the zoning commission approves a site plan, a building permit may then be issued, providing that all other requirements of all other applicable city codes and ordinances are satisfied. The decision or recommendation of the zoning commission and any condition shall be issued in writing. An appeal shall be filed within fifteen (15) days of the issuance of the zoning commission decision, which appeal shall be heard by the city council.

            3.   City council review: The city council shall make the decision to grant or deny a site plan application within sixty (60) days of receipt of the appeal of the zoning commission decision, based on the standards listed in section 21.4 and any additional standards of this ordinance. The city council may impose additional conditions or requirements, including but not limited to, those imposed by the zoning commission, which it deems appropriate or necessary to protect the public health, safety, and welfare and to carry out the purpose of this ordinance. If the city council approves a site plan, a building permit may then be issued, provided that all other requirements of all other applicable city codes and ordinances are satisfied.

            4.   Once a site plan application is approved, a building permit must be applied for and issued within six (6) months of the date of the approval of the site plan application. If a building permit is not applied for and issued within the six (6) months, then a new site plan application must be made before a building permit can be issued.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 10-3, §§ 1, 33, 3-26-10; Ord. No. 2023-O-07, § 1, 1-9-23)

The scope of the site plan review of level 3 and level 4 applications includes the location of principal and accessory structures, infrastructure, open space, landscaping, exterior lighting, traffic movement and flow, number of parking spaces, design of parking lots, location of landscaping and screening, and compliance with the provisions of this ordinance. In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan shall be evaluated. In addition to any other requirements of this ordinance, the following characteristics shall also be considered:

      (1)   The arrangement of the structures and building on the site to:

         (a)   Respond to off-site utility and service conditions, and minimize potential impacts on existing or planned municipal services, utilities, and infrastructure.

         (b)   Conform to the requirements of this ordinance and other applicable regulations.

      (2)   The arrangement of open space or natural features on the site to:

         (a)   Provide adequate measures to preserve existing healthy, mature trees wherever practically feasible.

         (b)   Break up large expanses of asphalt with plant material.

         (c)   Buffer adjacent incompatible uses.

         (d)   Screen unsightly activities from public view.

         (e)   Create a logical transition to adjoining lots and developments.

         (f)   Avoid unnecessary or unreasonable alterations to existing topography.

         (g)   Minimize the visual impact of the development on adjacent sites and roadways.

         (h)   Provide plant materials and landscaping designs that can withstand the city's climate, and the microclimate on the property.

      (3)   The organization of circulation systems to:

         (a)   Provide adequate and safe access to the site.

         (b)   Minimize potentially dangerous traffic movements.

         (c)   Achieve efficient traffic flow in accordance with the standards in the current edition of the "Institute of Traffic Engineers Transportation and Traffic Engineering Handbook."

         (d)   Provide the required number of parking spaces.

         (e)   Separate pedestrian and auto circulation.

         (f)   Minimize curb cuts.

      (4)   The design and location of site illumination to minimize adverse impacts on adjacent properties.

      (5)   Conformance of the proposed development with the goals and policies of the comprehensive plan and all city codes and regulations.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 10-3, §§ 1, 34, 3-26-10)

The zoning commission and the city council may utilize the services of professional consultants for research, investigation, and professional opinion in arriving at a recommendation or decision. The applicant whose request requires the use of such professional services shall reimburse to the city the reasonable cost it incurs in using such professional services within ten (10) days of submission of the bill by the city. Consultants include, but shall not be limited to, professionals in the fields of engineering, law, planning, design, traffic design, finance, and court reporters.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 10-3, § 1, 3-26-10)

Submission requirements for level 4 site plan review shall be as follows:

      (1)   A legal description of the property, as it appears on the deed, and a full and complete disclosure of direct or indirect ownership. In the case of a land trust, all beneficiaries shall be disclosed. In addition, a current title and affidavit of ownership is required. If the owner's signature is not on the application, a letter stating the owner's consent for the filing is required.

      (2)   A current site survey no more than one (1) year old.

      (3)   A site plan drawn to scale, which shall indicate, at a minimum:

         (a)   Property lines.

         (b)   Acreage and proposed density.

         (c)   Zoning of the subject property and all surrounding properties.

         (d)   Public rights-of-way, easements, and utilities.

         (e)   Proposed and existing building footprints on the subject property and all surrounding properties, including dimensioned setbacks from property lines.

         (f)   Parking spaces locations, dimensions, and number of spaces.

         (g)   Paved surfaces, materials, and locations(s).

         (h)   Landscape plan indicating existing and proposed landscape materials and proposed plant materials list.

         (i)   Details for screening, fencing, site lighting, and signs. Where site lighting is proposed, a photometric grid that indicates light intensity in footcandles across the site and at all property lines shall also be required.

      (4)   Architectural elevations, drawn to scale and indicating building height.

      (5)   Any other supporting documents to indicate intentions.

      (6)   A nonrefundable fee of one hundred fifty dollars ($150.00) to partially defray the expenses of administering the site plan review which shall be charged for each submission and collected by the zoning officer, who shall account for the same to the city.

(Ord. No. 05-16, § 4, 7-11-05; Ord. No. 07-2, § 4, 3-12-07; Ord. No. 10-3, §§ 1, 35, 3-26-10; Ord. No. 2023-O-08, § 1, 1-9-23)