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Mason City City Zoning Code

CHAPTER 7

DEVELOPMENT REVIEW PROCESS

12-7-1: DEVELOPMENT REVIEW COMMITTEE:

All applications for site plans, preliminary plats, final plats, conditional use permits, variances and rezonings shall be subject to review by the Development Review Committee (DRC).
   A.   Purpose: The purpose of the DRC is to provide a staff and technical review to certify that site development plans comply with the requirements of this title and all other applicable laws and ordinances.
   B.   Composition: The DRC shall consist of the following members, each of whom may designate a qualified alternate: (Ord. 13-12, 4-2-2013)
      1.   City staff:
         a.   Director of Development Services.
         b.   Planning and Zoning Manager.
         c.   Chief Building Official.
         d.   City Engineer.
         e.   Director of Operations and Maintenance.
         f.   Fire Marshal.
         g.   Chief of Police. (Ord. 13-12, 4-2-2013; amd. 2017 Code)
      2.   The DRC may also include a representative from each of the following agencies or utilities, who shall be invited to the DRC meeting and may attend to provide input on any project that affects that agency or utility:
         a.   The local electrical and natural gas utility.
         b.   The local telephone utility.
         c.   The local cable and broadband telecommunication company.
         d.   The Iowa Department of Transportation. (Ord. 13-12, 4-2-2013)
   C.   DRC Review Required: Except as exempted below, no application shall be deemed complete nor shall any site plan, preliminary plat, final plat not subject to preliminary plat approval or conditional use permit be granted and no building permit shall be issued until the application is reviewed by the DRC, is determined to comply with the requirements of this title and any other applicable laws or ordinances, and has been certified as to compliance by the Administrative Officer. (Ord. 13-12, 4-2-2013; amd. 2017 Code)

12-7-2: EXCEPTIONS TO DEVELOPMENT REVIEW:

The following are exempted from the development review process:
   A.   Single- and two-family dwelling units and their accessory buildings in any zoning district.
   B.   A project involving interior construction that does not increase the footprint or square footage of an existing building; however, if the construction is for a change in use or would result in greater parking, landscaping or other requirements of this title, DRC review is required. (Ord. 13-12, 4-2-2013)

12-7-3: DEVELOPMENT REVIEW PROCEDURE:

Any site plan not exempted by section 12-7-2 of this chapter shall be reviewed according to the following process:
   A.   Concept Plan: Prior to application for any permit to allow establishment and/or construction of any form or function subject to this chapter, the developer shall submit a concept plan for review by the DRC, as outlined in section 12-7-4 of this chapter. (Ord. 13-12, 4-2-2013)
      1.   The concept plan review allows the developer to ask questions, determine potential issues and incorporate ordinance requirements into the site plan design. The suggestions or direction of the DRC or any representation of the developer at the concept plan review shall not be considered to be binding upon either the City or the developer, unless the concept plan is accepted as a minor site plan.
      2.   After discussion of the concept, the DRC shall determine if the project is a minor site plan or a major site plan, according to subsection B or C of this section, and shall provide the applicant with information on the process going forward and a tentative review schedule.
      3.   For any form or function designated within a zoning district as P1, P2 or C, the required site plan shall be submitted to the DRC for concept plan review prior to submittal for review by the Planning and Zoning Commission or the Zoning Board of Adjustment, as applicable. If the DRC determines that the concept requires major site plan review, major site plan review process shall occur prior to review by the applicable bodies. The applicant shall incorporate all City Code and other applicable requirements into the site plan submitted for review by the other reviewing bodies.
   B.   Minor Site Plan:
      1.   The DRC shall determine that a plan is a minor site plan if one (1) or more of the following conditions exist:
         a.   Construction of a building with a total gross floor area of eight hundred (800) square feet or less, or a building addition that adds no more than ten percent (10%) total gross floor area to an existing building or is eight hundred (800) square feet in total gross floor area, whichever is less.
         b.   The application is for a form or function that does not have an exterior effect on the site.
         c.   The project is otherwise determined by the DRC to be a simple site plan with minimal or no discernible impact on surrounding property.
      2.   The DRC may accept the concept plan as the minor site plan; provided, that the plan provides sufficient detail to determine if compliance can be attained.
      3.   Minor site plans may proceed directly to compliance approval after the concept plan review is complete; however, if the form or function requires additional review according to its designation as P1, P2 or C, review by the required bodies shall be completed prior to review for compliance approval.
      4.   Minor site plan applications shall pay a reduced development review fee (as provided for by City Council resolution) prior to review for compliance approval.
   C.   Major Site Plan: The major site plan review shall establish that all requirements of this Code have been met, and that the site plan can be successfully implemented related to City requirements, public and private utilities and the requirements of any other applicable agency. A complete site plan, meeting the requirements of sections 12-7-5 and 12-7-6 of this chapter, shall be submitted along with the required application form and fees.
   D.   Compliance Approval: Final compliance approval shall be conducted by the Administrative Officer, who shall determine that all City and development requirements, as identified or required by the DRC and any other applicable reviewing body, have been incorporated into the final site plan. Upon determination of compliance, the Administrative Officer shall stamp the site plan as being in compliance; if necessary, the Administrative Officer shall notify the applicant that the building permit process may commence. (Ord. 13-12, 4-2-2013; amd. 2017 Code)

12-7-4: CONCEPT PLAN REVIEW:

   A.   Required Information: The following information shall be required for concept plan review by the DRC: (Ord. 13-12, 4-2-2013)
      1.   Narrative description of the application including reason for the request, unique features of the application (if any), tentative time line of the request, and any other relevant factors that describe or clarify the proposed development and the site plan. (Ord. 13-12, 4-2-2013; amd. 2017 Code)
      2.   A concept plan, drawn to scale, showing the location of the site, existing and proposed buildings, setbacks, access to streets, parking area and general site and topographic conditions in sufficient detail to illustrate the project and show how the requirements of this title are or will be met.
   B.   Meetings: After determination that the narrative and concept plan contain sufficient information for review, the Administrative Officer will place the concept plan on the agenda for the next available DRC meeting. Concept plan review will allow the applicant to discuss the request and be notified of issues identified by the DRC. After concept plan review by the DRC, the applicant will be notified if the concept will be considered a minor site plan or a major site plan, and shall be given appropriate direction and application materials (if required), including a tentative time line for the specific application. (Ord. 13-12, 4-2-2013)

12-7-5: MAJOR SITE PLAN REVIEW:

   A.   Application And Fee: Where required, an application for major site plan review shall be filed with the Administrative Officer on an official application form and shall be accompanied by a fee as provided for by City Council resolution. The site plan shall be considered as officially submitted only when the Administrative Officer has determined compliance with all information and fee requirements. Upon making this determination, the Administrative Officer shall place the major site plan on the agenda for the next available DRC meeting.
   B.   DRC Review: The DRC shall review the major site plan and determine if it complies with all of the requirements of this title and any other applicable law or ordinance. After review, the DRC shall make one (1) of the following determinations:
      1.   Compliance: The major site plan is in compliance with all requirements of this title and all other applicable laws and ordinances, and may be sent to the Administrative Officer for compliance approval, unless the form or function requires additional review as outlined in subsection C of this section.
      2.   Conditional Compliance: The major site plan is substantially in compliance with all requirements of this title and all other applicable laws and ordinances, but minor changes must be made to achieve full compliance. The applicant shall then make the required revisions to the major site plan as directed by the DRC and submit the revised plan to the Administrative Officer. The Administrative Officer may grant compliance approval upon determination that all minor changes as directed by the DRC have been made to the major site plan, unless the form or function requires additional review as outlined in subsection C of this section. (Ord. 13-12, 4-2-2013; amd. 2017 Code)
      3.   Table: The DRC may determine that the major site plan does not comply with the requirements of this title and other applicable laws and ordinances. The applicant shall be notified of the changes necessary to the major site plan so that compliance may be achieved, and shall be instructed to resubmit the plans to the Administrative Officer for review at a future DRC meeting.
   C.   Forms And Functions Requiring Additional Review: Forms and functions listed as P1, P2 or C shall, in addition to major site plan review, be reviewed as follows:
      1.   Major site plans for P1 and P2 forms and functions shall be placed on the agenda of the first possible Planning and Zoning Commission meeting after the DRC has determined that the plan is otherwise in compliance; or, if the DRC had made a determination of conditional compliance, after the Administrative Officer has determined that the plan is in compliance. P2 major site plans shall also be placed on the first possible City Council agenda following commission consideration.
      2.   Major site plans for C forms and functions shall be placed on the agenda of the first possible Zoning Board of Adjustment meeting after the DRC has determined that the plan is otherwise in compliance; or, if the DRC had made a determination of conditional compliance, after the Administrative Officer has determined that the plan is in compliance.
      3.   The reviewing bodies may, as part of the review process, impose conditions upon the site plan or upon the operation of the form or function. If the Administrative Officer determines that these conditions will result in a significant change to the major site plan, the Administrative Officer may require the major site plan to be returned to the DRC for additional review.
      4.   Upon determination by the Administrative Officer that the requirements of the DRC and the reviewing bodies have been met, he/she may consider the plan for compliance approval. (Ord. 13-12, 4-2-2013)

12-7-6: MAJOR SITE PLAN SUBMITTAL REQUIREMENTS:

   A.   Preparation: All major site plans shall be drawn to a discernible and measurable scale. Depending on the complexity of the site plan, the Administrative Officer, the DRC or any other applicable reviewing body may require the site plan to be prepared by a licensed surveyor, professional civil engineer, licensed landscape architect or other design professional.
   B.   Information: All major site plans shall include the required elements listed in subsection D of this section. Depending on the application, the Administrative Officer, the DRC or any other applicable reviewing body may also require one (1) or more of the elements listed in subsection E of this section to be shown on or included with the site plan.
   C.   Waiver: The Administrative Officer may waive certain submittal requirements when they are clearly not applicable.
   D.   Required Major Site Plan Elements: All major site plans shall include the following, unless waived by the Administrative Officer according to subsection C of this section:
      1.   Name and address of developer and owner.
      2.   Name and address of architect/designer.
      3.   Date of plan preparation.
      4.   Dates and description of all revisions.
      5.   Name of project or development.
      6.   Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
      7.   North point indication.
      8.   Lot dimension and area.
      9.   Required and proposed setbacks, including Building Code setbacks, if applicable.
      10.   Location, setback and dimension of all buildings on the lot, including both existing and proposed structures.
      11.   Type of proposed building construction.
      12.   Proposed occupancy of all buildings.
      13.   Location, number, and dimensions of existing and proposed parking spaces, including handicap spaces.
      14.   Location, number, and dimensions of existing and proposed loading spaces.
      15.   Curb cuts, driveways (including driveway width at property line).
      16.   Vehicular circulation. (Ord. 13-12, 4-2-2013)
      17.   Sidewalks, walkways and trails, and routes of on site pedestrian circulation.
      18.   Location and type of all proposed lighting, including details of individual fixtures and height of pole mounted lights.
      19.   Provisions for storage and disposal of waste, garbage and recyclables, including plans for trash receptacle enclosures where required.
      20.   Location of existing and proposed utility connections, including water, sewer and fire lines. (Ord. 13-12, 4-2-2013; amd. 2017 Code)
   E.   Additional Major Site Plan Requirements: The Administrative Officer, the DRC or any other applicable reviewing body may additionally require one (1) or more of the following elements to be shown on or included with the site plan:
      1.   Site Plan Elements:
         a.   Location of all adjacent buildings, wells and/or septic systems located within one hundred feet (100') of the exterior boundaries of the property in question.
         b.   Location of recreational and service areas.
         c.   Location of rooftop equipment and proposed screening.
      2.   Grading/Stormwater Drainage Plan:
         a.   Existing contours at two foot (2') intervals.
         b.   Proposed grade elevations, two foot (2') maximum intervals.
         c.   Drainage plan including configuration of drainage areas and calculations.
         d.   Storm sewer, catch basins, invert elevations, type of castings and type of materials.
         e.   Spot elevations.
         f.   Proposed driveway grades.
         g.   Surface water ponding and treatment areas.
         h.   Erosion control measures.
         i.   Wetland boundaries.
   F.   Landscape Plan:
      1.   Planting Plan: A plan meeting the requirements of subsection 12-16-5C of this title shall be submitted. The plan shall show how the minimum planting requirements of section 12-16-5 and table 1 of this title are met. The plan shall include proposed site grading, if applicable, and shall include the following elements:
         a.   Planting schedule (table) containing:
            (1)   Symbols.
            (2)   Quantities.
            (3)   Common names.
            (4)   Botanical names.
            (5)   Sizes of plant material.
            (6)   Root specification (bare root, balled and burlapped, potted, etc.).
            (7)   Special planting instructions.
         b.   Location, type and size of all existing significant trees to be removed or preserved.
         c.   Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).
         d.   Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.
         e.   Other existing or proposed conditions that could be expected to affect landscaping.
      2.   Other Plans And Information:
         a.   Legal description of property under consideration.
         b.   Proof of ownership of the land for which a site plan approval has been requested.
         c.   Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).
         d.   "Typical" floor plan and "typical" room plan.
         e.   Extent of and any proposed modifications to land within the Floodplain Overlay Districts as described and regulated in chapter 18 of this title.
         f.   Type, location and size (area and height) of all signs to be erected upon the property in question.
         g.   Restrictive covenants. (Ord. 13-12, 4-2-2013)
         h.   Photometric plan showing light distribution on the property and up to ten feet (10') beyond the property lines. (Ord. 13-12, 4-2-2013; amd. 2017 Code)
         i.   Traffic study.
         j.   Snow storage and removal plan.
         k.   Other plans, studies or elements determined necessary by the Administrative Officer, DRC or other reviewing body to make a decision upon the application in order to ensure that applicable laws and ordinances are met and the public health, safety and welfare are protected. (Ord. 13-12, 4-2-2013)

12-7-7: COMPLIANCE APPROVAL:

   A.   Upon DRC determination that a plan is a minor site plan, or upon DRC determination of compliance or conditional compliance for a major site plan as outlined in subsection 12-7-5B of this chapter, the applicant shall provide a final site plan for compliance approval to the Administrative Officer. The final site plan shall serve as a complete, thorough and permanent public record of the manner in which the subject site is to be developed. It shall incorporate all prior required plan revisions resulting from the development review process.
   B.   The Administrative Officer shall review the final site plan and shall determine that all requirements of this title, any other applicable laws and ordinances and any specific requirements or conditions of the DRC and other applicable reviewing bodies have been met. Upon such determination, the Administrative Officer shall notify the applicant, the Chief Building Official and the Zoning Administrator that the plan is in compliance. (Ord. 13-12, 4-2-2013)
   C.   Two (2) copies of the final site plan shall be submitted to the Administrative Officer for review and certification for compliance. Each copy shall be signed by the Administrative Officer and stamped with the approval date. One (1) copy shall be returned to the applicant, who shall retain it on the job site during construction to ensure that the site is developed according to the approved plan. The final copy shall be retained in the project file. Electronic copies shall be distributed to applicable departments and agencies.
   D.   The Administrative Officer may deny or delay compliance approval if there are delinquent property taxes, special assessments, interest, unpaid fines related to housing, zoning or nuisances, or City utility fees due upon the parcel of land to which the site plan application relates. Compliance approval may be granted upon proof of payment, provided all other requirements are met. (Ord. 13-12, 4-2-2013; amd. 2017 Code)

12-7-8: SITE AND ARCHITECTURAL DESIGN GUIDELINES:

The following site and architectural guidelines shall be used to design all site plans subject to review under this chapter.
   A.   Building Location And Orientation: Principal entrances should be oriented to the project's primary street or to an active pedestrian or public zone within the site. When the development has two (2) primary streets, the site plan shall determine orientation.
Parking lots should not be the dominant feature along any street.
Developments should maximize the amount of parking located on the side or rear of buildings and should locate buildings near their primary fronting streets.
   B.   Pedestrian Access: Public sidewalks, meeting minimum City standards, should be constructed along all street frontages.
Developments should provide a continuous walkway connection from the public sidewalk or right-of-way to the customer entrances of all principal buildings on the site. Developments adjacent to multiuse trails should provide a direct connection from the trail to the development's internal pedestrian circulation system.
Multi-building developments should provide clear and safe walkways that connect all buildings on the site unless the buildings are not intended for routine pedestrian access.
Where the required walkways cross drives, parking aisles, or other vehicularways, the crosswalks should be distinguished from driving surfaces by the use of durable, low maintenance surface materials that are different than the primary paving material. Painted concrete is not acceptable in this application.
   C.   Vehicular Access: Site plans should minimize the number of access points to adjacent streets. Access from arterial streets should be controlled and will typically be limited to one (1) point of access per six hundred (600) linear feet, or as otherwise determined by the City Engineer.
Main driveways and drive aisles should provide a continuous system that connects to the main site entrance(s).
When possible, shared service and delivery access should be provided between adjacent parcels and buildings.
   D.   Making Connections: Pedestrian connections to adjacent developments should be provided. If adjacent properties are undeveloped, the site plan should indicate how future connections will be provided.
Bike racks should be conveniently located in conjunction with new employment, shopping, residential and public developments where accessibility via street or trail is possible and usage anticipated.
   E.   Building Facades: Primary facades greater than one hundred feet (100') in length should incorporate projections, recesses, articulation or variation in design, materials and color in the wall plane to provide visual interest and sense of scale.
All building facades oriented to a street should be subject to all requirements for primary facade design.
Other rear and side facades may use a simplified expression of the materials and design used on the primary facades.
In commercial, office and mixed use buildings, the primary ground floor facades should be distinguished from the floors above by horizontal banding, an intermediate cornice line, a change in building materials or fenestration, an awning or arcade or other material means.
   F.   Roofs: Visible roof materials should be high quality and durable, such as architectural grade asphalt shingles, architectural metals, clay or concrete tile, copper, natural or synthetic slate, or similar materials.
Roof mounted equipment should be screened from street level view with materials that are architecturally compatible with the primary building facades or by the roof structure itself.
   G.   Building/Construction Materials: Exterior building materials should be high quality, durable materials such as brick; native or manufactured stone; integrally colored, burnished, textured, or glazed concrete masonry units; architectural metals; quality metals such as copper; high quality prestressed concrete systems; and drainable (water managed) EIFS.
   H.   Sustainability: Sustainable building materials and methods should be considered and used when feasible to save production resources and reduce impacts to the environment.
Renewable energy solutions, such as solar, wind and geothermal, should be considered and used when feasible to reduce long term energy costs and fossil fuel dependence.
Bioretention solutions, such as permeable paving materials, rain gardens, bioswales and vegetative roofs, should be considered and used when feasible to manage stormwater on site. (Ord. 13-12, 4-2-2013)

12-7-9: SITE PLAN MODIFICATIONS:

   A.   Minor Changes:
      1.   Any variations from Ordinance requirements shall be subject to the established review and hearing procedures for special exception or variance approval.
      2.   Any variances from ordinance requirements shall be subject to the established review and hearing procedures for variance approval.
      3.   A copy of the plans approved under this chapter shall be appropriately certified by the Administrative Officer and placed on file with the approved site plans.
   B.   Major Changes: Plan changes not qualifying as minor shall be classified as major. An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan. (Ord. 13-12, 4-2-2013; amd. Ord. 24-6, 4-2-2024)

12-7-10: LAPSE OF APPROVAL:

   A.   Unless otherwise specified by the Administrative Officer, Planning and Zoning Commission or City Council as applicable, the compliance approval shall become null and void one (1) year after the date of such approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or has properly and legally commenced the use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this chapter.
   B.   An application to extend the approval of a site plan for up to an additional one (1) year shall be submitted to the Administrative Officer not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the compliance approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the Administrative Officer prior to the lapse of approval of the original request. A request pertaining to a major project involving a longer period of time than one (1) year or a second request for a time extension shall be presented to the Planning and Zoning Commission for recommendation and to the City Council for a decision.
   C.   In making a determination on whether an applicant has made a good faith attempt to utilize the compliance approval, the Administrative Officer, commission or the City Council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. (Ord. 13-12, 4-2-2013)

12-7-11: BUILDING AND OTHER PERMITS:

No building or other permits shall be issued until the Administrative Officer certifies that the final site plan is in compliance and a properly executed performance agreement has been received, if required. (Ord. 13-12, 4-2-2013)

12-7-12: INSPECTIONS DURING DEVELOPMENT:

   A.   Following compliance approval, the Administrative Officer shall periodically, until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved final site plan.
   B.   If the Administrative Officer finds that development is not proceeding in accordance with the approved plan, he/she shall immediately notify the property owner.
   C.   Within ten (10) days of such notice, the Administrative Officer shall either revoke the compliance approval or shall take such steps as it shall be deemed necessary to compel compliance with the applicable laws and ordinances; or shall require the landowner or applicant to seek a modification of the site plan in accordance with section 12-7-9 of this chapter. (Ord. 13-12, 4-2-2013)

12-7-13: VARIANCES, REZONING AND PLATS OF SUBDIVISION:

   A.   Variances, Special Exceptions And Rezoning: The DRC shall review variances, special exception, and rezoning requests only when requested as part of a development site plan review as required by this chapter. The DRC may provide comments or recommendations to the Zoning Board of Adjustment or the Planning and Zoning Commission, as applicable, but may not assume the powers of the respective bodies nor allow any development in conflict with decisions made by those bodies or by the City Council.
   B.   Plats Of Subdivision: DRC review of plats of subdivision shall be limited to a determination that all lots, easements, rights-of-way, etc., are in compliance with the requirements of this title and other applicable laws and ordinances.
      1. Preliminary Plats Of Subdivision: The DRC shall review concept plans for preliminary plats of subdivision, as provided in section 11-3-6 of this Code. Upon DRC determination that the plat is in compliance, the Administrative Officer shall notify the Planning and Zoning Commission of compliance approval.
      2.   Final Plats: A final plat that conforms to an approved preliminary plat is not subject to compliance review. Final plats of subdivision that did not require prior approval of a preliminary plat shall be reviewed by the DRC prior to submittal of the final plat to the City Council. Upon DRC determination that the plat is in compliance, the Administrative Officer shall notify the City Council of compliance approval. (Ord. 13-12, 4-2-2013; amd. 2017 Code; Ord. 24-6, 4-2-2024)