The purpose of this chapter is to provide for consultation and cooperation between the applicant and the city in order that the applicant may realize planned objectives in the use of land, as described in the master plan, and within the regulations of this zoning ordinance. It is also intended to ensure that the development or use be completed with minimum adverse effect on the use of adjacent streets and highways, and on the existing and future uses and the environment in the general vicinity.

(Ord. No. 19-635, 9-23-19)

In accordance with the provisions of this chapter, the planning commission shall approve a site plan for the proposed development, activity, or use prior to the issuance of any permits for the creation of a use or the erection of a building in the districts and conditions cited below. The site plan packet shall include any associated documentation and narrative required to assist the reviewers with their task. No use, activity, building, or structure as follows shall be commenced, conducted, expanded, or constructed absent site plan approval by the planning commission.

A.

All uses within any commercial or industrial district.

B.

A manufactured housing community.

C.

All special land uses in any district.

D.

Multifamily residential developments.

E.

Condominiums, site condominiums, and subdivisions (plats) in any district.

F.

Planned unit developments in any district.

G.

Private streets.

H.

Any expansion, enlargement, or change to any of the preceding.

I.

All new construction and new uses: expansion of existing buildings, structures, and uses, except that:

Where a new use is being established in an existing lawful principal structure and is a permitted use (or similar use as determined by the zoning administrator) in the underlying zoning district, and will not result in expansion of the footprint, size, or height of the structure, the site plan for the new use may be approved through an administrative review process directed by the zoning administrator. The following conditions shall apply:

1.

The proposed use shall comply with all requirements of this ordinance except where, in the determination of the zoning administrator, strict adherence to the requirements of this ordinance due to existing conditions on the subject property cannot reasonably be met. The scope of the project proposed shall be determined in the first instance by the zoning administrator, provided however, that the discretion of the zoning administrator shall not extend to waiver of conditions which directly relate to the safety and welfare of the general public, or in the use or occupancy of the property.

2.

No less than 50 percent of the minimum number of parking spaces required for the proposed use.

3.

Where a mutual agreement on the plan cannot be reached, or where, in the opinion of the zoning administrator, the proposed development warrants a more intensive review, the zoning administrator shall require formal application for site plan review and approval by the planning commission.

The following shall be exempt from site plan review, except that the zoning administrator shall review a plan to ensure compliance with this ordinance:

A.

Single-family detached and two-family dwellings when permitted by right on a lot on which there exists no other building or use.

B.

State licensed residential family care facilities and family day care homes.

C.

Home occupations.

D.

Residential accessory buildings.

(Ord. No. 19-635, 9-23-19)

Optional preliminary site plan review and related matters:

A.

Ten copies of a preliminary site plan may be submitted by the applicant for review by the planning commission prior to final site plan submittal. The purpose of this optional procedure is to allow discussion between the applicant and the planning commissioners, to better inform the applicant of the acceptability of the proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.

B.

Additional information. The planning commission, prior to granting final approval of a site plan, may request from the applicant any additional graphics or written materials, prepared by a qualified person or person(s) to assist in determining the appropriateness of the site plan. This material may include, but need not be limited to, aerial photography, photographs, impacts on significant natural features and drainage, traffic study, soil tests and other pertinent information.

C.

Preliminary site plan submittal shall include the information listed below, unless deemed unnecessary by the zoning administrator. The zoning administrator shall review the site plan packet for completeness. Incomplete site plan packets will not be accepted by the zoning administrator or placed on the planning commission's agenda. Preliminary site plans shall be at a scale not to exceed one inch equals 100 feet (1" = 100').

D.

Applicants have the option to submit a final site plan review packet without an optional preliminary review.

E.

Site plans shall be prepared by a surveyor or professional engineer, and shall be based on a survey.

Site plan submission requirements. For both preliminary and final site plan review.

1.

A general location sketch showing at a minimum, properties, streets and use of land within one-half mile of the area.

2.

Legal description of the subject property.

3.

North arrow, and plan scale.

4.

Name and address of the property owner or petitioner and ownership interest.

5.

Name and address of the person and/or firm who drafted the plan and the date on which the plan was prepared.

6.

Existing zoning and use of all properties abutting the subject property.

7.

All buildings, parking, easements, and driveways within 100 feet of all property lines.

8.

Existing and proposed uses, buildings and structures.

9.

Property lines and dimensions.

10.

Existing adjacent streets and proposed streets.

11.

Parking lots and access points.

12.

General location of utilities, storm water management features, septic systems and wells.

13.

Location of proposed buffer strips or screening.

14.

General topographical features at contour intervals no greater than five feet.

15.

Significant natural features; and other natural characteristics, including, but not limited to, open space, wetlands, stands of trees, landmark trees, brooks, ponds, floodplains, hills, slopes of over 15 percent, and similar natural assets or hazards.

16.

Seal, of the professional individual responsible for the preparation of the site plan.

17.

Narrative: Provide written text describing in general terms:

a.

The overall objectives of the proposed development.

b.

Size (in acres) of the subject property and approximate number of acres allocated to each proposed use and gross area in building, structures, parking, streets and drives, and open space.

c.

Dwelling unit densities by type, if applicable.

d.

Proposed method of providing sewer and water service, as well as other public and private utilities.

Additional information for final site plan review.

18.

Property lines for each site condo unit or lot shown and dimensioned.

19.

Buildable area for proposed structures (i.e., setbacks shown) on the subject property for each lot or site condominium unit.

20.

Specifications for and location of existing and proposed utilities.

21.

All existing and proposed drives (including dimensions and radii), acceleration/deceleration lanes serving the site and cross-sections of internal roads serving the development.

22.

Location and specifications for curbing, parking areas (including the dimensions of a typical parking space and the total number of parking spaces to be provided), fire lanes, and unloading areas.

23.

Location and size of all surface water drainage facilities including storm event data.

24.

All existing vegetation noted to be protected and a detailed landscaping plan including data on species, number and size of plant materials to be used.

25.

Location of profiles of all proposed fencing and walls.

26.

Location of all solid waste disposal facilities, including recycling, and screening.

27.

Location and specifications for existing or proposed outside, above or below ground storage facilities for hazardous materials.

28.

Dedicated open space, marked, described and a recordable form to protect such lands in perpetuity.

29.

Exterior lighting showing area of illumination (via a photometric chart) and indicating the type and height of fixture to be used.

30.

Any signs not attached to the building(s).

31.

Elevation drawings of proposed buildings.

32.

Location and specifications for trails and sidewalks.

33.

Development agreement (as appropriate).

34.

Easement descriptions and dedications.

35.

Approved road names (as appropriate).

36.

Detailed landscape plan, including method of protecting existing vegetation, species, listing, and sizes for new landscaping materials, profile of proposed buffer strips, screening, fence design, and timing of landscaping improvements.

The planning commission shall review the preliminary site plan and make any recommendations to the applicant that will cause the plan to be in conformance with the review standards required by this chapter. The planning commission shall advise the applicant as to the general acceptability of the proposed plan, but shall not be bound by any statements or indications of acceptance of the plan.

(Ord. No. 19-635, 9-23-19)

A.

Any site plan application shall be accompanied by a non-refundable fee or fees in accordance with the schedule or resolution of fees established by the city council. Such fee(s) shall be for the purpose of payment of the administrative costs and services expended by the city in the implementation of this chapter and the processing of the application. No part of such fee(s) shall be refundable to the applicant.

B.

An escrow fee or fees may also be collected by the city pursuant to section 17.03 of this ordinance. Such fees are intended to reimburse another party or parties retained by the city to provide expert consultation and advice regarding the application.

(Ord. No. 19-635, 9-23-19)

Changes to an approved site plan shall be allowed only under the following circumstances:

A.

The holder of an approved site plan shall notify the zoning administrator of any proposed change to an approved site plan.

B.

Minor changes may be approved by the zoning administrator upon determining that the proposed revision(s) will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include only the following:

1.

Change in any building size, up to five percent in gross floor area.

2.

Movement of buildings or other structure by no more than ten feet.

3.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

4.

Changes in building materials to a comparable or higher quality.

5.

Changes in floor plans which do not alter the character of the use.

6.

Changes required or requested by the city, the county road commission, or other county, state, or federal regulatory agency in order to conform to other laws or regulations.

C.

A proposed change determined by the zoning administrator not to be minor shall be submitted to the planning commission as a site plan amendment, and shall be reviewed in the same manner as the original application, including payment of an application fee. The previously approved site plan shall be provided to the planning commission for comparative purposes. Proposed changes shall be noted on the site plan and included in narrative form.

D.

Every use, structure, building, and activity covered by an approved site plan shall fully comply with the approved site plan unless and until the approved site plan is modified by the city to allow such change in use, structure, building, or activity.

(Ord. No. 19-635, 9-23-19)

The following standards shall be utilized by the planning commission in reviewing and approving or denying all site plans. A site plan may not be approved unless all of the following standards are met. These standards are intended to provide a frame of reference for the applicant in the preparation of site plans as well as for the reviewing authority in making decisions concerning them.

A.

The uses and configuration proposed will not adversely affect the public health, safety, or general welfare.

B.

The site plan shall provide reasonable visual and sound privacy for all dwelling units located within and adjacent to a development. Fences, walls, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

C.

Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site:

1.

Landmark trees and significant vegetation slated for protection shall be marked on site to prevent their damage during construction.

2.

A plan for natural feature protection during construction shall be provided.

3.

Utilities may be required to be placed underground.

4.

Provisions shall be made to accommodate stormwater on-site wherever practical.

5.

Areas of natural drainage such as swales, wetlands, ponds, or swamps shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns and maintain the natural characteristics of the land.

6.

Direct discharge of storm water into surface waters is prohibited.

7.

Infiltration devices such as rain gardens are preferred over large retention basins.

D.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided within the site.

E.

The minimum number of driveway and access points shall be provided at appropriate locations to maximize convenience and safety.

F.

Paths, drives and streets shall be designed to promote safe and efficient traffic operations within and between developments.

G.

The site shall be developed to create a pleasant, pedestrian paced atmosphere which de-emphasizes the automobile and considers rural character.

H.

The planning commission may require traffic calming measures, paved road shoulders, and deceleration or turn lanes when necessary.

I.

The planning commission may require shared driveways, cross access easements and pathway cross-connections between developments.

J.

Site amenities like street trees, bike racks, benches and outdoor tables may be required by the planning commission.

K.

All buildings and groups of buildings shall be arranged so as to permit necessary emergency vehicle access as requested by the fire department.

L.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not interfere with the vision of motorists along adjacent streets. Lighting of buildings or structures shall be minimized to reduce light pollution. The site shall comply with the requirements of section 14.0.

M.

All loading and unloading areas and outside storage areas, including areas for the storage of trash, shall be provided in accordance with section 14.04.

N.

The uses and configuration shall not have significant negative impacts on adjoining properties and uses or the environment.

O.

The general purposes and spirit of this ordinance and the master plan of the city shall be maintained.

(Ord. No. 19-635, 9-23-19)

A.

As part of an approval of any site plan, the planning commission (or the zoning administrator, where applicable) may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest or to meet the review standards.

B.

Such conditions shall be related to and ensure that the review standards of this chapter are met and shall meet the requirements of the Zoning Act.

C.

Approval of a site plan, including conditions made as part of the approval, shall apply to the property described as part of the application and to all subsequent owners.

D.

A record of all conditions shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is expressly approved by the city in accordance with this ordinance.

E.

A record of the decision of the planning commission, the reason for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

F.

The zoning administrator may make periodic inspections of developments or properties for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall be considered violations of this ordinance.

G.

All uses, buildings, and structures must fully comply with an approved site plan (and any conditions thereof) for the lot or property involved at all times.

(Ord. No. 19-635, 9-23-19)

The planning commission may require a performance guarantee or guarantees in accordance with section 17.04 to ensure compliance with any conditions associated with the granting of a site plan approval.

(Ord. No. 19-635, 9-23-19)

Every structure, building, land use, or activity covered by or subject to an approved site plan must fully comply at all times with that site plan. If a violation of the site plan (or any conditions of approval attached thereto) occurs, then the planning commission shall have the authority to revoke the approved site plan after reasonable notice has been given to the property owner or applicant and a hearing has been held.

(Ord. No. 19-635, 9-23-19)