The purpose of this chapter is to set forth the criteria whereby the city reviews permitted and conditional use applications prior to building permit issuance or approval of the use for which the application is made. This process does not include any provisions for subdivision review, which is subject to the requirements of MCC 11. (Ord. 021103, 2-11-2003)

"Site plan" means all plans, studies, plats, statements, reports and information required by all applicable provisions of this title. Every site plan shall include all of the following information:

1. Date, north arrow and appropriate scale to reflect adequately and clearly the detail necessary to describe the use. The drawing shall be accurate in terms of scale and dimensions;
   
2. The legal description of subject property;
   
3. The dimensions and location of existing and proposed improvements, including, but not limited to, buildings, fencing, hard surfacing and landscaping;
   
4. Motor vehicle access, including individual parking stalls, circulation patterns and curb cuts;
   
5. Any driveway or intersecting street across the street from the proposed development and driveways and streets within one hundred fifty feet (150') of the development site;
   
6. The location, height and size of proposed signs, lighting and advertising devices, if applicable; and
   
7. The location of structures on adjacent lots that are located within fifty feet (50') of any property line of the subject property. (Ord. 021103, 2-11-2003)
   

Application for remodeling and change of use to a permitted or conditional use in an existing structure on a developed site shall be accompanied by and shall comply with the following:

1. Appropriate application form and fee.
   
2. Six (6) copies of the site plan, unless a greater number of copies is required by the city due to the number of reviewing agencies.
3. The following design criteria shall be met:
   1. Signage shall be compatible with the building with regard to aesthetics, size, design, etc., as determined by the city. The setback shall comply with the applicable provisions of the sign ordinance.
      
   2. Building additions shall be architecturally integrated with the existing buildings as to design and materials.
   3. All required on site parking shall be provided.
   4. All landscaping must be brought into conformance with the current city regulations. (Refer to MCC 10.20.) (Ord. 021103, 2-11-2003)

Applications for new construction of a single-family or two-family dwelling in the city shall be accompanied by and shall comply with the following:

1. Appropriate application form and fees.
   
2. One copy of the site plan shall be required, which plan shall include a site plan and an architectural plan with appropriate drawings of adequate scale showing building materials, exterior elevations and floor plans of all proposed structures.
   
3. The following design criteria shall be required:
   
   1. Both the exterior building design and the exterior building materials of all buildings shall be of sufficient quality, durability and resistance to the elements to satisfy the purpose of this chapter. Exterior siding materials may include, but shall not be limited to, brick, concrete, glass, metal lap, vinyl lap, tile, stone, stucco and/or wood. All exterior materials shall be installed in a professional manner and be guaranteed to be maintenance free for at least ten (10) years. Finishes upon exterior materials shall be guaranteed maintenance free for a minimum of five (5) years. Wood finishes need continual maintenance. Materials or finishes without such guarantees shall not be permitted. Guarantees shall be in writing from the manufacturer.
      
   2. Each dwelling shall have a site built concrete or masonry foundation around the entire perimeter with interior supports capable of supporting all design loads, including wind, seismic and roof loads as required by the current design provisions. The dwelling shall be permanently tied to the foundation system in accordance with approved, engineered specifications.
      
   3. The roof of each dwelling shall have a minimum pitch of 4":12". At nongable ends of the roof, there shall be an overhang at the eaves of not less than twelve inches (12") inclusive of rain gutters.
      
   4. Each dwelling shall be not less than twenty feet (20') in depth at the narrowest point. The depth shall be considered to be the lesser of the two (2) primary dimensions of the dwelling exclusive of attached garages, bay windows, room additions, or other similar appendages.
      
   5. Any previously occupied dwelling which is to be moved from an existing location to a lot within the city shall be inspected by the building official prior to the move to ensure that it meets applicable building codes.
      
   6. Landscaping on residential lots shall comply with the following:
      
      1. Landscaping shall be installed in front yards between the front line of the house and the sidewalk on the entire width of the lot excluding the driveway. On corner lots, landscaping shall be installed in all areas between the sidewalk and the side of the house between the front property line and the rear property line which are visible from the public right of way.
         
      2. Landscaping shall include at least one tree and a combination of lawn, shrubs or ground cover. Ground cover may include vegetative vines, low spreading shrubs, or annual or perennial flowering or foliage plants. Ground cover may also include mineral or nonliving organic permeable material or nonliving organic permeable material in not more than fifty percent (50%) of the net landscaped area. Mineral ground cover may include such materials as rocks, boulders, gravel or brick over sand. Species, size and placement of landscape elements shall be determined by the homeowner.
         
   7. Final grading of individual lots shall be performed in such a way that excess water shall be contained entirely on the site or directed to an improved street or directed to an approved drainage inlet, drainage channel or drainage easement. Excess water shall not be allowed to drain onto adjacent private property unless approved as part of an overall system, as reflected in the subdivision approval or otherwise. Residents shall cooperate to ensure that drainage water is properly channeled to and through the proper easements. Rain gutters, in addition to those required by the building code, may be required.
      
   8. In order to allow double driveways, and to allow hard surface access to the rear yard, up to, but not more than, forty percent (40%) of a front yard may be hard surfaced. (Ord. 021103, 2-11-2003)
      
   9. All single-family detached dwellings shall have a minimum area of seven hundred fifty (750) square feet on the main floor. A basement shall not be considered as a main floor. Measurements to determine the minimum area of a dwelling shall be taken from the outside of foundation walls. (Ord. 05-06, 5-10-2005)
      
   10. The site plan shall reflect all easements on the property. (Ord. 021103, 2-11-2003)
       

Applications for new construction on an undeveloped site of permitted uses shall be accompanied by the following:

1. Form; Fees: Appropriate application form and fees.
   
2. Site Plan: Six (6) copies of the site plan shall be required, unless a greater number of copies is required due to the number of reviewing agencies and shall include the following:
   
   1. A site plan which also shows:
      
      1. The location of neighborhood box units for mail delivery, screened trash receptacles and loading areas;
         
      2. As a minimum, all curb cuts and intersections within one hundred fifty feet (150') of the subject property. A greater distance may be required by the city. Proposed rights of way in, and adjacent to, the subject property shall be shown;
         
      3. Exterior lighting for structures, walkways and parking lots. Such lighting shall be directed away from adjacent properties;
      4. If open space is proposed, show all areas to be reserved or dedicated as common park areas or as sites for schools or other public buildings. Include a statement concerning the development schedule and method by which open space is to be preserved;
         
      5. The development phasing and associated schedule, if phasing is anticipated. Phasing shall be carefully developed so that each phase can adequately function on its own;
         
      6. The proposed and existing easements and their type, on and adjacent (within 50 feet) to the subject property;
         
      7. The site plan shall include a table indicating the total area of the site and the percentage of that total which is occupied by structures, parking and service areas, and usable open space;
         
      8. All existing and proposed fences, including type, height and location; and
         
      9. Proposed location and size of sewer and water lines as approved by the city engineer.
         
   2. A preliminary grading and drainage plan which shall:
      
      1. Be completed by a professional engineer. Existing and proposed contours at two foot (2') intervals are required unless a variation from the two foot (2') topographic interval is allowed by the city. The final grading plan must be approved by the city prior to the issuance of first building permit;
         
      2. Show waterways and ditches on and adjacent to the subject property and within fifty feet (50'). Piping or relocation shall be approved in writing by the appropriate ditch company and/or independent water users before issuance of the building permit; and
         
      3. Delineate all areas subject to potential 100-year flood events as designated by FEMA.
         
   3. A landscape plan shall include plant location, type, size and quantities.
      
   4. An architectural plan which shall include appropriate drawings of adequate scale showing building materials, exterior elevations and proposed colors.
      
   5. Include any other information, exhibits or models that the applicant deems pertinent.
      
   6. Any other information, plans or modifications specifically required by the following departments, divisions or other agencies shall be attached or incorporated in the final site plan:
      
      1. The city building department; city/county fire department; public works department; local law enforcement; planning department; legal department and parks and recreation department.
         
      2. County agencies.
         
      3. State agencies.
         
      4. Federal and other agencies.
         
      5. Public utilities.
         
3. Design Criteria: The following design criteria shall be required:
   
   1. Dedication and improvements of streets shall be made in accordance with the major street plan, plus any additional right of way or fee as may be determined by the city for special circumstances where it is necessary to serve the vehicular and pedestrian needs of proposed development.
      
   2. A minimum of ten percent (10%) of any commercial site and thirty percent (30%) of a multiple-family residential site shall be landscaped. The landscaped buffer required along public streets by this code may be included in computing the percentage of landscaping. Upon request, landscaping requirements may be reduced by the city when, due to the size of the parcel, the amount of landscaping required is unreasonable and cannot be located in useful locations.
      
   3. Landscaping shall be distributed throughout the project by placing landscaping along street frontages, throughout parking areas and adjacent to service and delivery areas.
      
   4. For the purpose of buffering and site compatibility with surrounding development, commercial and industrial projects may require additional landscaping and architectural integration. Landscaping percentages and buffer strips may be increased to ensure compatibility. Site compatibility is particularly important when commercial or industrial projects are developed adjacent to residential zones.
      
   5. Fencing may be required depending on the adjacent land use and the applicant's security needs. Where visual barrier fencing containing wood, metal, plastic or vinyl strips is either proposed by the applicant or required by the city, such strips shall be property secured.
      
   6. Screening of any outside storage shall be required, if appropriate, with a combination of fencing, walls, live plants and/or earth berming. (Ord. 021103, 2-11-2003)

1. City Review For Compliance: The applicant shall prepare and make a submission to the city consistent with the standards contained in this chapter. The city shall review said submission for compliance with the regulations set forth herein. The applicant shall not alter the terrain or remove any vegetation from the proposed site or engage in any site development or building construction until the necessary approvals as outlined herein have been obtained. 
   
2. Planning Department Referral: Proposed site plans shall be delivered by the applicant, as referred by the planning department, to such city departments, special districts, governmental boards, bureaus, utility companies, and other agencies which will provide public and private facilities and services to the site, for their information and comment. The planning department is responsible for coordinating the comments received from all public and private entities, and shall decide to which agencies to refer proposed site plans.
   
3. Compliance With General Plan And Standards: The city shall review the site plan for: 1) conformance to the standards outlined herein; 2) for conformance with the general plan and this title; 3) for environmental impacts which may be associated with the design; and 4) shall process the site plan and reports as provided for in this chapter.
   
4. City Engineer Review: The city engineer shall make comments concerning: 1) flood control requirements; 2) engineering requirements for street widths, grades and alignments; 3) whether the proposed public improvements conform to the requirements of this chapter and other applicable ordinances and regulations; and 4) shall be responsible for the approval and inspection of all public improvements.
   
5. Grant Or Denial Of Building Permit: The city shall notify the applicant within a reasonable time of receipt of the application of the city's decision and shall either: 1) issue a building permit; or 2) advise the applicant of the approval of the application; or 3) advise the applicant of the additional items required by the city in order to act upon the application. (Ord. 021103, 2-11-2003)
   

The following information shall be required prior to a permitted and conditional use being approved and the issuing any building permits:

1. Revised site plan, incorporating all preliminary review comments and requirements;
   
2. Final landscape plan;
   
3. Final building construction plans;
   
4. Complete engineering plans, including final construction drawings for streets, utilities, drainage and grading; and
   
5. Installation of on site and off site improvements, or satisfactory arrangements concerning bonding as required by this code. (Ord. 021103, 2-11-2003)

1. Grounds For Appeal: The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance may appeal to the land use appeal authority that decision applying this title by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of this title. (Ord. 021103, 2-11-2003; amd. Ord. 12-05, 4-10-2012)
   
2. Burden Of Proof: The person or entity making the appeal has the burden of proving that an error has been made. (Ord. 021103, 2-11-2003)
   
3. Amendments Not Appealable: A person may not appeal, and the land use appeal authority may not consider, any zoning ordinance amendments. (Ord. 021103, 2-11-2003; amd. Ord. 12-05, 4-10-2012)
   
4. Waivers And Modifications: Appeals may not be used to waive or modify the terms or requirements of this title. (Ord. 021103, 2-11-2003)