The purpose of this article is to establish a uniform set of requirements for the planning and design of developments within the city in order to achieve the following objectives:

A.

to determine compliance with the provisions of this ordinance;

B.

to promote the orderly development of the city;

C.

to prevent depreciation of land values;

D.

to ensure a consistent level of quality throughout the community;

E.

to ensure a harmonious relationship between new development and the existing natural and human-made surroundings;

F.

to achieve the purposes of the city's master plan; and

G.

to promote consultation and cooperation between applicants and the city in order that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this ordinance.

Site plan review shall be required, as applicable, under the following conditions:

A.

Administrative Review. The zoning administrator shall review required site plans in connection with the creation of a use or the erection of a building or structure in any of the following circumstances:

1.

Expansion of an existing building or structure by not more than 5,000 square feet or 25 percent of the existing gross floor area, whichever is less; provided, no more than 10 parking spaces are to be added.

2.

Changes in the use of any existing building in any zoning district, provided such use is a Permitted Use in that district and no building or parking expansion will exceed the limits established in Section 14.2.A.1.

3.

Single- or two-family dwellings on an individual lot, home occupations, accessory buildings, and accessory dwelling units.

4.

The reconfiguration of an existing parking area.

5.

Addition or relocation of:

a.

Driveways and entrances;

b.

Landscaping;

c.

Lighting;

d.

Refuse containers;

e.

Retention/detention ponds;

f.

Sidewalks;

g.

Signs; and

h.

Solar energy systems.

6.

Changes to stormwater management plans; provided, such changes do not result in greater residential density, increased building size or parking area in excess of the limits established in Section 14.2.A.1, or changes to topography or other natural features that the zoning administrator considers significant.

7.

When, in the opinion of the zoning administrator, a project which otherwise qualifies for administrative review may have an impact on surrounding properties, they may, in their sole discretion, submit the site plan to the Planning Commission for review. In such cases, the Planning Commission shall follow the review procedure of Section 14.4 and may require additional information needed to make an informed decision.

B.

Planning Commission Review. The Planning Commission shall review all site plans in connection with the creation of a use or erection of a building or structure in any of the circumstances listed below, except those subject to Administrative Review in Section 14.2 A.:

1.

Any Permitted Use in any district.

2.

Any Special Land Use in any district.

3.

Site condominiums in any district. Site condominiums shall be subject to the same required improvements and engineering and design standards applicable to subdivisions as required by the City of Rockford Subdivision Ordinance.

4.

Any change, alteration to, or expansion of any of the above, except as included under administrative review.

5.

As otherwise required by this ordinance.

A.

Plan Details. Each site plan shall contain the following information, as applicable, unless waived in accordance with Section 14.3.B. Incomplete plans will be returned to the applicant without further processing.

B.

Waiver of Requirements. Specific requirements of either an administrative or Planning Commission site plan may be waived by the respective reviewer where it is determined that such information is not applicable to the subject request.

A.

Pre-Application Review Meeting. At the applicant's discretion, a preliminary site plan may be submitted in order to obtain input from staff or the Planning Commission. A fee established by the City Council shall be paid prior to the meeting. In no case, shall any statements made by the city representatives be construed as an endorsement of the plan or an approval of the project. Following review of such preliminary plan, the applicant shall submit a complete site plan, as required for Planning Commission review in Table 14-3.

B.

Administrative Review.

1.

One electronic copy shall be submitted to the zoning administrator along with an application for that purpose and a fee, as established by resolution of the City Council.

2.

The zoning administrator shall review the site plan for completeness, and shall obtain comments, as they consider necessary, from city departments or consultants. If the subject property is located within the Downtown Development District, a notice shall also be sent individually to each member of the City of Rockford Downtown Development Authority. No action on the site plan shall be taken within seven days of mailing such notice. Failure to give notice to the DDA members shall not affect the legality or validity of any action taken by the zoning administrator pursuant to this chapter.

3.

The zoning administrator shall consider the site plan, any comments received, and the applicable standards of this ordinance and shall:

a.

approve the site plan, as submitted, if all applicable requirements and standards have been met;

b.

approve the site plan with conditions; or

c.

deny approval of the site plan if applicable requirements and standards have not been met.

4.

The reasons for the zoning administrator's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant.

5.

If approved, two copies of the approved site plan shall be signed and dated by the zoning administrator and the applicant. One copy shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative.

6.

If approved with conditions, the applicant shall submit two copies of a revised site plan reflecting those conditions and signed by the applicant and the zoning administrator, prior to issuance of any permits.

C.

Planning Commission Review.

1.

Three copies of a complete site plan and one electronic copy shall be submitted to the zoning administrator along with an application for that purpose and a fee, as established by resolution of the City Council.

2.

The zoning administrator shall review the site plan for completeness, and shall obtain comments, as they consider necessary, from city departments or consultants. If the subject property is located within the Downtown Development District, a notice shall also be sent individually to each member of the City of Rockford Downtown Development Authority. No action on the site plan shall be taken within seven days of mailing such notice. Failure to give notice to the DDA members shall not affect the legality or validity of any action taken by the Planning Commission pursuant to this chapter.

3.

If the zoning administrator determines that the site plan is complete, they shall transmit the site plan, along with comments from city departments and consultants to the Planning Commission for consideration at its next meeting. Incomplete site plans may, at the zoning administrator's sole discretion, be returned to the applicant and will not be further processed until the plan is satisfactorily completed and resubmitted. The zoning administrator shall not be required to submit any site plan for review which was submitted less than 20 days prior to the next regularly scheduled Planning Commission meeting.

4.

The Planning Commission shall consider the site plan and shall:

a.

approve the site plan, as submitted, if all applicable requirements and standards have been met;

b.

approve the site plan with conditions; or

c.

deny approval of the site plan if applicable requirements and standards have not been met.

5.

The reasons for the Planning Commission's action, along with any conditions that may be attached, shall be stated in the meeting minutes and a copy provided to the applicant.

6.

If approved, two copies of the final site plan shall be signed and dated by the Secretary or Chairperson of the Planning Commission and the applicant. One copy shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative.

7.

If approved with conditions, the applicant shall submit two copies of a revised site plan reflecting those conditions and signed by the applicant and the zoning administrator, prior to issuance of any permits.

The site plan shall be approved only upon a finding of compliance with the following standards:

A.

The site plan must comply with all requirements of this chapter, this ordinance, and all other applicable laws and regulations.

B.

The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

C.

The site must be designed to minimize hazards to adjacent property, and to reduce the negative effects of traffic, noise, smoke, fumes, and glare to the maximum extent possible.

D.

Unless a more specific design standard is provided for in the Rockford City Code, all uses and structures subject to site plan review shall comply with the following design standards:

1.

Traffic Circulation. The number, location, and size of driveways and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties.

2.

Storm Water. Storm water detention and drainage systems shall be designed so the removal of surface waters will not adversely affect neighboring properties or public storm water drainage systems. Unless impractical, storm water shall be removed from all roofs, canopies, and paved areas by underground surface drainage system.

3.

Landscaping. Grade changes shall be in keeping with the general appearance of neighboring developed areas. Landscaping, buffers, or greenbelts shall ensure that the proposed uses will be adequately screened from one another and from surrounding property.

4.

Lighting. Lighting shall be designed in compliance with the requirements of Chapter 13.

5.

Utility Service. All utility services shall be underground, unless impractical.

6.

Exterior Uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas shall be located to minimize negative effects on adjacent properties.

7.

Emergency Access. All buildings and structures shall be readily accessible to emergency vehicles.

8.

Water and Sewer. Water and sewer installations shall comply with all city specifications and requirements.

9.

Building Design. New or substantially remodeled buildings shall be reasonably compatible in appearance with, or shall enhance, the established general character of other buildings in the immediate vicinity.

Conditions intended to ensure compliance with the intent of this chapter, the review standards of Section 14.5, and all other regulations of the city may be imposed upon the approval of a site plan.

Changes to an approved site plan shall be processed in accordance with the following:

A.

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

B.

Changes to a site plan previously approved by the zoning administrator may be approved by the zoning administrator.

C.

Minor changes to a site plan previously approved by the Planning Commission may be approved by the zoning administrator upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Changes within the limits of Section 14.2.A. for Administrative plan review.

2.

Any reduction in building size or an increase of total approved floor area by up to 20 percent or 4,000 square feet, whichever is less,

3.

Movement of buildings or other structures by no more than 10 feet.

4.

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

5.

Changes in building materials to a comparable or higher quality.

6.

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

7.

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

D.

A proposed change not determined by the zoning administrator to be a minor change shall be submitted to the Planning Commission as a site plan amendment and shall be reviewed in the same manner as the original application.

A.

Site plan approval shall expire 24 months after the date of approval of a final site plan, unless a building permit has been issued and substantial construction has been commenced and is continuing. The zoning administrator may grant one extension of up to one additional year; provided the applicant requests an extension, in writing, prior to the date of expiration of the site plan. The extension shall be approved if the applicant presents reasonable evidence to the effect that:

1.

the development has encountered unforeseen difficulties beyond the control of the applicant,

2.

conditions in the surrounding area have not changed to an extent that would potentially have altered the original approval, and

3.

the project will proceed within the extension period.

B.

If the above provisions are not fulfilled or the extension has expired prior to construction, the site plan approval shall become null and void.