Overland City Zoning Code
ARTICLE IX
Site Plan Approval
Section 400.580 Purpose.
[CC 1976 App. A §9.01; Ord. No. 2449 §1, 11-14-1988]
A.
It is recognized by this Chapter that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this Chapter requires site plan review and approval by the Director or Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development, or other development that otherwise requires site plan approval to ensure compliance with City ordinances.
B.
The site plan is intended to demonstrate to the Director or Planning and Zoning Commission the character and objectives of the proposed development in accordance with Section 400.595 so that the Director or Commission may evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the property.
Section 400.585 Buildings, Structures and Uses Requiring Site Plan.
[CC 1976 App. A §9.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
A.
The Director of Public Works shall not issue a building permit for the construction of the following buildings and structures unless a detailed site plan has been reviewed and approved by the Commission or Director and such approval is in effect.
1.
A multi-family building containing three (3) or more dwelling units.
2.
More than one (1) multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one (1) ownership.
4.
Any building or structure or addition thereto in any commercial or industrial district with a floor area greater than five hundred (500) square feet.
5.
More than one (1) building or structure (except a sign, on a lot, parcel, or tract of land, or combination of lots under one (1) ownership) in any commercial or industrial district.
6.
Any new parking area or expansion or improvement to an existing parking area.
7.
Any change in use which requires a greater number of approved parking spaces than currently exists on the site.
8.
Such other construction, change in use or occupancy, or other change to the site that in the discretion of the Director reasonably requires a site plan to ensure that such change will conform to the City's zoning and development ordinances will be satisfied by such change.
Section 400.590 Application and Fee.
[CC 1976 App. A §9.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-03 §1, 1-27-2003]
A.
Any persons may file a request for a site plan review by the Commission or Director by filing with the Planning Department the completed application upon the forms provided and payment of the review fee. As an integral part of said application, the applicant shall file at least twenty (20) copies of a site plan.
B.
The Director of Public Works upon receipt of such site plan, other necessary data, and payment of two hundred fifty dollars ($250.00) shall, unless the plan is subject only to review by the Director as provided herein, forthwith transmit the copies to the Commission prior to its next regularly scheduled meeting and the Commission shall undertake a study of same and shall approve or deny the site plan. Written notice will be sent to the applicant stating the time and place of review of the site plan by the Commission.
Section 400.595 Required Data for Site Plan.
[CC 1976 App. A §9.04; Ord. No. 2449 §1, 11-14-1988]
A.
Unless waived for good cause by the Director, every site plan submitted to the Commission shall be in accordance with the requirements of this Section.
1.
The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the Commission can readily interpret the plan, and shall include more than one (1) drawing where required for clarity.
2.
The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. The site plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. It shall also include the name and address of the property owner(s), developer(s), and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural features such as woodlots, streams, rivers, lakes, drains, existing man-made features such as buildings, structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts, and drains and shall identify adjacent properties within one hundred (100) yards and their existing uses.
4.
It shall show the existing topography and finished grade line elevations at two (2) foot contour intervals as well as the proposed finished floor elevation for all structures.
5.
It shall show the dimensions of the proposed main and accessory buildings, their relation one to another and to any existing structures to remain on the site, the height of all buildings and structures and the distance from all proposed buildings and structures to the nearest adjacent property line.
6.
It shall show the existing and proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service islands, service parking and loading zones, in conformance with the requirements set forth in Article VII.
7.
It shall show the location and size of all existing utilities (public and private) serving the property, as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project or the total project where constructed as a whole is ready for occupancy.
8.
A landscape plan shall be included as part of the site plans submitted.
9.
It shall show architectural elevations of all proposed buildings and structures, identifying all materials proposed, as well as floor plans for each.
10.
The locations, height, and intensity of all exterior lighting, including a graphic and catalog reference describing the proposed standards.
11.
The location, type, and nature of screening proposed for all trash collection areas.
12.
A proposed stormwater drainage plan, including retention areas, shall be submitted to the City Engineer for approval. Following the City Engineer's review, the applicant shall also submit the proposed plan to MSD for approval by that agency.
13.
Any other information deemed necessary by the Director or Commission.
B.
Note. All plans, architectural drawings, renderings or other materials or visual aids either submitted to the Director or Planning and Zoning Commission or presented to the City shall become the property of the City and part of the permanent record of any decision.
Section 400.600 Review Procedures.
[CC 1976 App. A §9.05; Ord. No. 2449 §1, 11-14-1988]
A.
Simplified Review. Unless the Director deems review by the Planning and Zoning Commission to be appropriate, a site plan may be reviewed by and a decision rendered by the Director, subject to all other applicable requirements, without the requirement for additional review by the Commission in the following circumstances:
1.
Construction constituting less than one thousand (1,000) square feet of exterior area of the site;
2.
Alteration of parking design affecting ten percent (10%) or less of the existing parking space;
3.
Any other change having no significant impact on parking, traffic or aesthetics where the review is primarily ministerial.
All other site plans shall be submitted for review and decision by the Planning and Zoning Commission as otherwise provided in this Article. The Director shall apply the ordinances of the City and the review requirements otherwise applicable in reviewing or rendering a decision in any Simplified Review under this Section. Any site plan denied under this Simplified Review shall, if the applicant is aggrieved, be resubmitted for Standard Review as provided herein within ten (10) days of such denial. |
B.
Standard Review. The site plan shall be submitted with the application for site plan approval to the Director of Public Works who shall institute an administrative review of the site plan by all affected City departments. The results of this review shall be compiled by the Director of Public Works and shall be reported by him/her to the Planning and Zoning Commission for its consideration. Upon receiving the site plan application, and associated documents from the Director of Public Works, the Planning and Zoning Commission shall complete its review of the site plan and shall render a decision on the application either denying, approving, or approving with conditions. The site plan application, along with the Planning and Zoning Commission's action and reasoning, shall be forwarded to the City Council as an informational item, where it shall be its option to either require a further review and approval of the site plan at the Council level, or concur with the Commission by taking no further action.
Section 400.605 Scope of Review.
[CC 1976 App. A §9.06; Ord. No. 2449 §1, 11-14-1988]
A.
The Planning and Zoning Commission shall consider, but not be limited to, the following factors in review of the site development plan:
1.
The conservation of natural resources on the property proposed for development, including: trees and other living vegetation, steep slopes, watercourses, floodplains, soils, air quality, scenic views and historic sites.
2.
The provision of safe and efficient vehicular and pedestrian transportation both within the development, and the community.
3.
The provision of usable open space to meet the needs of the proposed development.
4.
The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.
5.
The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping, and architectural design) and the land use within the existing area and projected future development of the area.
6.
The existence and/or provision of adequate public facilities to serve the proposed development (i.e., water, sewerage, streets, etc.)
7.
Conformance of the site development plan with the comprehensive plan and any other applicable requirements of the Zoning Code.
Section 400.610 Site Plan Approval Effective, When.
[CC 1976 App. A §9.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
A.
Unless the City Council exercises its power of review, or a duly filed protest is received by the City Clerk, a site plan approval, or an amendment thereto, shall become effective at the latter of:
1.
The regularly scheduled meeting of the City Council at which the report of the Planning and Zoning Commission concerning the proposed site plan approval is received; or
2.
The expiration of the period in which a protest may be filed pursuant to Section 400.620(B). If the City Council exercises its power of review or a protest is filed, a site plan approval shall not become effective until the Council makes its decision with respect to the application.
B.
In the event that a site plan approval is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
Section 400.615 Effect of Denial.
[CC 1976 App. A §9.08; Ord. No. 2449 §1, 11-14-1988]
Upon denial by the Planning and Zoning Commission of an application for a site plan approval, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the City Council does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof concerning the same site plan shall be filed by any applicant until the expiration of six (6) months after the denial. No provision herein shall be construed to prevent the Planning and Zoning Commission or the City Council from initiating the procedure provided in this Section by a resolution of intent at any time.
Section 400.620 Appeal, Protest or Council Review of Planning and Zoning Commission Decision.
[CC 1976 App. A §9.09; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2542 §2, 12-11-1989]
A.
Appeal By Petitioner From Decision. Upon a decision being reached by the Planning and Zoning Commission concerning an application for a site plan approval, the applicant may file an appeal with the City Council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days following the Planning and Zoning Commission's decision, be in writing, filed with the City Clerk in duplicate, and accompanied by required fee for appeal and a deposit of five hundred dollars ($500.00) to be applied to the expense of publication of the required notices, the balance of which, if any, shall be returned to the applicant. The appeal shall specifically state how the application as initially filed, or subsequently modified, meets the applicable criteria set forth in this Chapter.
B.
Protest By Nearby Property Owners To Decision. In case a protest against such site plan is presented, duly signed, notarized, and acknowledged by the owners of thirty percent (30%) or more of the areas of the land (exclusive of streets and alleys) included in such proposed change, or of the owners of thirty percent (30%) or more of the land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the property to which the site plan refers, such site plan shall not become effective except upon the favorable vote of the two-thirds (⅔) of all of the members of the City Council. A notice of protest must be filed within the ten (10) days following the Planning and Zoning Commission's decision, be in writing, filed with the City Clerk, and accompanied by the signatures and addresses of the property owners opposed to such site plan. The notice of protest shall include a notarized verification from the person(s) collecting the protestants'signatures that all signatures are correct and genuine. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in this Chapter.
C.
City Council Review Of Decision. The City Council may exercise the power of review of any Planning and Zoning Commission decision on an application for a site plan approval, or an amendment thereto, upon motion adopted by a majority vote at the regularly scheduled meeting of the Council at which the report of the Planning and Zoning Commission on the application is received.
D.
Public Hearing By The City Council. Before acting on any appeal the City Council shall set the matter for hearing, following fifteen (15) days' public notice in a newspaper of general circulation. All parties in interest and citizens and residents of the City of Overland shall have the opportunity to be heard at the hearing.
In addition, any other person or persons whom, in the discretion of the City Council, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.
E.
City Council Decision. Following the hearing by the City Council on an appealed application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of three-fourths (¾) of the members of the City Council shall be required to reverse or modify any determination of the Planning and Zoning Commission.
Section 400.625 Recording.
[CC 1976 App. A §9.10; Ord. No. 2449 §1, 11-14-1988]
Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved site plan, including all attached conditions. The approved site plan, legal description of the property, and out boundary survey, along with any subsequent amendments, shall be recorded with the St. Louis County Recorder of Deeds.
Section 400.630 Approval of Site Plan.
[CC 1976 App. A §9.11; Ord. No. 2449 §1, 11-14-1988]
Upon final approval of a site plan the applicant shall file with the Commission four (4) copies thereof containing all revisions required as the result of the approval process. The Secretary of the Commission shall transmit one (1) copy each to the Clerk and Director of Public Works with the Secretary's signature affixed thereto, certifying the site plan conforms to the provisions of the Zoning Code as determined and approved by the Commission.
Section 400.635 Expiration of Site Plan Approval.
[CC 1976 App. A §9.12; Ord. No. 2449 §1, 11-14-1988]
The site plan approval shall expire, and be of no effect, one hundred eighty (180) days after the date of final approval thereof, unless within such time a building permit for any proposed work authorized under the said site plan approval has been issued. The site plan approval shall expire and be of no effect three hundred sixty (360) days after the date of its issuance, if construction has not begun and been pursued diligently on the property.
Section 400.640 Revision of Site Plan.
[CC 1976 App. A §9.13; Ord. No. 2449 §1, 11-14-1988]
A site plan may be amended or revised so far as the approved site plan is concerned, for which the Director of Public Works has not issued a building permit, or the work authorized under an issued building permit has not been completed. Such amendment shall be made upon application and in accordance with the procedure provided under this Article as if it were a new application.
Section 400.645 Site Plan Bond.
[CC 1976 App. A §9.14; Ord. No. 2449 §1, 11-14-1988]
As a condition of approval of the site plan, the Commission may require a deposit by the applicant with the City Clerk in the form of cash, certified check, or surety bond acceptable to the City Council, to insure performance of any obligations of the applicant to make improvements shown upon the detailed site plan. The deposit shall be in an amount sufficient to insure completion of the improvements within the time specified by the Commission in accordance with regulations and standards established by the City Council. The Clerk shall rebate to the applicant, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire improvements shown upon the detailed site plan as verified by the City Engineer and authorized by the City Council. In those instances where a site plan has been approved without a bond requirement, such a bond may be required by the City at a later date in those instances where occupancy is necessary prior to all improvements being in place.
Section 400.650 Violations.
[CC 1976 App. A §9.15; Ord. No. 2449 §1, 11-14-1988]
The filing of a site plan shall constitute an agreement by the owner and applicant, successors, and assigns that if the site plan is approved by the Planning and Zoning Commission, permits issued for the improvement of such property and activities subsequent thereto shall be in conformance with the approved site plan for the property in question. The approved site plan shall have the full force and effect of the Zoning Code. Any violations shall be grounds for the Director of Public Works to issue stop work orders, withhold further permits, and take all actions necessary for the assessment of all penalties and fines as outlined in Article XI.