The purpose of this article is to establish procedures and standards that provide a consistent method for review of site plans, and to ensure full compliance with the standards contained in this ordinance and other applicable Codes and Ordinances.

Flexible review standards have been established to ensure that the type of review and amount of required information is directly proportional to the project's scale and use intensity. It is the further purpose of this article to protect natural, cultural and civic resources, minimize adverse impacts on adjoining or nearby properties, encourage cooperation and consultation between the city and the applicant, and facilitate development in accordance with the city's master plan.

Two separate review processes have been established in accordance with the purpose of this article, as follows:

A.

Uses Subject to planning commission review. The following types of uses, as specified in article 4 (land use tables) are subject to review and approval of a detailed site plan by the planning commission:

1.

All animal and agricultural uses, with the exception of farms and riding stables.

2.

All residential uses, with the exception of foster family homes, family child day care homes, home occupations, and one detached single family, two-family or duplex dwelling on a single zoning lot.

3.

All office and service uses, community uses, commercial uses and industrial, research and laboratory uses.

4.

All temporary, special event and other uses, with the exception of accessory structures and uses specified in article 7, construction buildings and uses, garage sales, estate sales, and private auctions.

Such exceptions shall not be subject to plan review, but shall be subject to zoning permit approval in accordance with the requirements of this ordinance.

B.

Projects eligible for administrative review. The following development projects, uses and other activities have been determined to be appropriate for a less intensive site plan review. Such uses are subject to administrative review and approval of a site plan by the city planner:

1.

A change in use to a similar or less intense use, as determined by the city planner, provided that significant site changes are not required.

2.

Construction buildings and uses, and minor changes during construction due to unanticipated site constraints or outside agency requirements.

3.

Multiple-family and non-residential accessory structures and uses, as specified in article 7 (accessory structures and uses).

4.

Re-occupancy of a building that has been vacant for more than 30 days, where no zoning variances are necessary, the proposed use will be conducted fully within an enclosed building, and re-occupancy will not require significant additional parking demands, access changes or other substantial modifications.

5.

Riding stables.

6.

Sidewalk or pedestrian pathway construction or relocation, and installation of screening around outdoor trash storage areas.

The city planner or applicant shall have the option to request planning commission consideration of a project otherwise eligible for administrative review. In such cases, the planning commission shall review the site plan in accordance with the procedures outlined in section 18.04 (site plan review procedure).

The site plan shall contain the following information:

Site plans shall be reviewed in accordance with the following:

1.

Pre-application meetings. To minimize time, costs and interpretation of city development requirements, applicants are encouraged to meet informally with the city planner and other city officials to discuss a conceptual site plan, site issues and application of ordinance standards, prior to submitting site plans for formal review.

a.

Any person may also request that a conceptual site plan be placed on a regular planning commission meeting agenda as a discussion item for review and comment. The conceptual plan shall have sufficient detail to permit the planning commission to determine relationships of the site to nearby land, adequacy of landscaping, open space, access, parking, and other facilities.

b.

Comments and suggestions by the city regarding a conceptual site plan shall constitute neither an approval nor a disapproval of the plan, nor shall the city be bound in any way by such comments or suggestions in preparing for formal submittal or review of a site plan.

2.

Submittal requirements. The site plan shall contain all of the information and site details required by section 18.03 (required information for site plans).

3.

Application. The owner of an interest in land for which site plan approval is sought, or the owner's designated agent, shall submit a completed application form and sufficient copies of a site plan to the city. Any application or site plan that does not satisfy the information requirements of this section shall be considered incomplete, and shall be returned to the applicant.

4.

Technical review. Prior to planning commission consideration, the site plan and application shall be distributed to appropriate city officials and staff for review and comment. The city planner may also submit the plans to applicable outside agencies and designated city consultants for review and comment.

5.

Planning commission consideration of the site plan. The planning commission shall review the site plan, together with any reports and recommendations from city officials, staff, consultants, and other reviewing agencies and any public comments. The planning commission shall then make a determination based on the requirements of this ordinance and the standards of section 18.13 (standards for site plan approval). The planning commission is authorized to postpone, approve, approve subject to conditions or deny the site plan as follows:

a.

Postponement. Upon determination by the planning commission that a site plan is not sufficiently complete for approval or denial, or upon a request by the applicant, the planning commission may postpone consideration until a later meeting.

b.

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan may be denied.

If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant's designated representative, to attend two or more meetings shall be grounds for the planning commission to deny site plan approval.

c.

Approval. Upon determination that a site plan is in compliance with the standards and regulations set forth in this ordinance, the site plan shall be approved.

d.

Approval subject to conditions. The planning commission may approve a site plan, subject to any conditions necessary to address minor required modifications, ensure that public services and facilities can accommodate the proposed use, protect significant site features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this ordinance. Such conditions may include the need to obtain variances or approvals from other agencies.

6.

Recording of site plan action. planning commission action on the site plan shall be recorded in the planning commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the planning commission's action. The city planner, planning commission chair or secretary shall mark and sign three copies of the site plan "approved" or "denied" as appropriate, with the date that action was taken and any conditions of approval. Two copies shall be kept on file in the city, and one shall be returned to the applicant.

The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies, prior to construction plan approval.

When detailed construction or engineering plans are required by the city, county or other agency with jurisdiction, the applicant shall submit copies of such plans to the city for review and approval. The city planner or designated consultant shall verify that the site design and improvements shown on the construction or engineering plans are consistent with the approved site plan, except for changes that do not materially alter the approved site design, or that address any conditions of site plan approval.

1.

Where construction or engineering plans are not consistent with the approved site plan, the city planner or designated consultant shall direct the applicant to revise the plans to conform to the approved site plan.

2.

Where specific engineering requirements or conditions require an alteration from the approved site design, such construction or engineering plans shall be subject to review and approval by the planning commission as an amended site plan, prior to the start of development or construction on the site.

The planning commission may grant approval for site plans with multiple phases, subject to the following:

1.

The site design and layout for all phases and outlots be shown on the site plan to ensure proper development of the overall site.

2.

Improvements associated with each phase shall be clearly identified on the site plan, along with a timetable for development. Development phases shall be designed so that each phase will function independent of any improvements planned for later phases.

3.

Each phase shall be subject to a separate plan review by the planning commission. Any revisions to the approved site plan shall be reviewed in accordance with section 18.12 (revisions to approved site plans).

A site plan that has been denied may be modified by the applicant to address the reasons for the denial and then resubmitted for further consideration. Upon determination that the applicant has addressed the reasons for the original denial, the planning commission shall review the amended site plan as if it were a new application, per section 18.04 (site plan review procedure).

The board of zoning appeals (BZA) shall not have the authority to consider appeals of site plan determinations, except as follows:

1.

Appeals of planning commission actions. Appeals of planning commission site plan review actions shall be subject to the review procedure and criteria for appeals of administrative actions, as specified in section 24.06 (administrative appeals).

2.

Order of review. Development projects requiring approval of a dimensional variance and a site plan shall first be submitted for site plan review, prior to BZA consideration of dimensional variances. If a use variance is required, the project shall first be submitted for use variance review, prior to planning commission consideration of the site plan.

3.

Appeals of planning commission actions. If the planning commission approves a site plan contingent upon approval of one or more variances from specific requirements of this ordinance, BZA consideration shall be limited to the specific variances identified as conditions of site plan approval.

Site plans shall expire 365 days after the date of approval, unless the construction plan for the project has been submitted to the city for review. Upon written request received by the city prior to the expiration date, the planning commission may grant one extension of final approval for up to 365 days, provided that site conditions have not changed in a way that would affect the character, design or use of the site, and that the approved site plan remains in conformance with all applicable provisions of this ordinance.

Site plan approval may be rescinded by the planning commission upon determination that the site has not been improved, constructed or maintained in compliance with approved permits, site plans, or conditions of site plan or special land use approval. Such action shall be subject to the following:

1.

Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in section 1.12 (public hearing procedures), at which time the owner of an interest in land for which site plan approval was sought, or the owner's designated agent, shall be given an opportunity to present evidence in opposition to rescission.

2.

Determination. Subsequent to the hearing, the decision of the planning commission with regard to the rescission shall be made and written notification provided to the owner or designated agent.

The city planner may administratively review and approve minor revisions to an approved site plan, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. Revisions to an approved site plan not considered by the city planner to be minor shall be reviewed by the planning commission as an amended site plan, per section 18.04 (site plan review procedure).

The following criteria shall be used as a basis upon which site plans will be reviewed and approved, approved with conditions, or denied:

1.

Adequacy of information. The site plan includes all required information in a complete and understandable form, provides an accurate description of the proposed uses, and complies with all applicable ordinance requirements.

2.

Site appearance and coordination. The site is designed in a manner that promotes the normal and orderly development of surrounding property, and all site design elements are harmoniously organized in relation to topography, adjacent facilities, traffic circulation, building orientations, and pedestrian access.

3.

Preservation of site features. The site design preserves and conserves natural, cultural, historical and architectural site features, including architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows, hedgerows, woodlands, and significant individual trees, to the extent feasible.

4.

Pedestrian access and circulation. Existing and proposed sidewalks or pedestrian pathways connect to existing public sidewalks and pathways in the area, are insulated as completely as possible from the vehicular circulation system, and comply with applicable regulations regarding barrier-free access.

5.

Vehicular access and circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.

6.

Building design and architecture. Building design and architecture relate to and are harmonious with the surrounding neighborhood with regard to scale, mass, proportion, and materials.

7.

Parking and loading. Off-street parking lots and loading areas are arranged and located to accommodate the intensity of proposed uses, minimize conflicts with adjacent uses, and promote shared-use of common facilities where feasible.

8.

Landscaping and screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.

9.

Exterior lighting. All exterior lighting fixtures are designed arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security.

10.

Impact upon public services. The impact upon public services (including utilities, streets, police and fire protection, and public sidewalks and pathways) will not exceed the existing or planned capacity of such services.

11.

Drainage and soil erosion. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely impacted by stormwater runoff and sedimentation.

12.

Emergency access and vulnerability to hazards. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the city's emergency response capabilities.

It shall be the responsibility of the property owner, and the owner or operator of the use(s) for which site plan approval has been granted, to develop, improve and maintain the site, including the use, structures and all site elements in accordance with the approved site plan and all conditions of approval, until the property is razed, or a new site plan is approved.

1.

Failure to comply with the provisions of this section shall be a violation of this ordinance and shall be subject to the penalties specified in section 1.13 (violations and penalties).

2.

The city planner shall make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission to rescind site plan approval.