(a)

Application for a zoning text amendment may only be filed by the Governing Body or the Planning Commission.

(b)

An application for rezoning to a conventional or planned zoning district or for a preliminary development plan, revised preliminary development plan, final development plan or revised final development plan for a planned zoning district may be filed by either the Governing Body, the Planning Commission or the landowner or the landowner's agent. If an application for rezoning to a planned district is filed by the Governing Body or Planning Commission, the application may be filed and approved prior to the filing or approval of a preliminary and/or a final development plan, provided that no building permit shall be issued for development in a planned zoning district until a final development plan has been approved as required by this article.

(c)

All other applications provided for in this chapter may only be filed by the landowner or the landowner's agent.

(d)

Fees for all applications provided for in this article shall be established by the Governing Body by resolution.

(e)

All applications shall be made on forms prescribed by the City and available at City Hall.

(f)

All landowners or landowner's agents who desire to make an application provided for in this article shall, at their request, be provided with a copy of Chapter XVI of Roeland Park City Code, the Zoning and Subdivision Regulations, or those portions of Chapter XVI which they may request. The landowners or the landowners' agent shall reimburse the City for the cost of providing the requested materials in an amount established by the City Clerk.

(a)

Where an application has been filed by, or on behalf of, a landowner, an affidavit of ownership shall be submitted to the City.

(b)

Where an application has been filed by an agent of, a landowner, an affidavit of the landowner establishing the agent's authorization to act on behalf of the landowner shall also be submitted.

(c)

The affidavits required by this section shall be on forms prescribed by the City or in a form as is acceptable to the City Attorney, and shall be submitted at the time of filing the application.

A pre-application conference with City officials is encouraged and may, in the discretion of the Building Inspector, be required prior to submission of any application for a rezoning, special use permit or preliminary development plan. The purpose of this conference is to: acquaint the applicant with the procedural requirements of this chapter; provide for an exchange of information regarding the proposed development plan and applicable elements of this chapter, the comprehensive plan and other development requirements; advise the applicant of any public sources of information that may aid the application; identify policies and regulations that create opportunities or pose significant restraints for the proposed development; review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences and permit City input into the general design of the project.

(a)

The City Engineer may require applicants for rezoning, special use permits, preliminary development plans, or preliminary plats to submit technical studies as may be subject to the approval of the City Engineer. The costs of all studies shall be borne by the applicant. Any decision of the City Engineer to require any study or to disapprove the person or firm selected by the applicant to perform the study may be appealed to the Planning Commission. The decision of the Planning Commission on any appeal shall be final.

(b)

Notwithstanding the fact that the City Engineer did not require submission of any technical study in support of the application, either the Planning Commission or the Governing Body may require the submission of a study prior to taking action on the application. In that case, the persons or firms selected to perform the studies shall be subject to the approval of the entity requesting that the study be performed. Any decision of the Planning Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final.

(a)

At the time of submittal of a rezoning or special use permit application, the applicant shall submit proof of having reviewed the development proposal with applicable water, sewer, fire, gas and electric utility officials. Proof of this review shall be provided on forms furnished by the department of public works. The forms shall provide an opportunity for applicable water, sewer, fire, gas and electric officials to provide comments on the existing and future availability and timing of services provided by their respective districts to the subject property.

(b)

At the time of submittal of a final development plan application, the applicant shall submit proof that adequate water, sewer, fire, gas and electric services are presently available to the subject property. If adequate public facilities and services are not presently available at the time of submittal of applications for final development plans, or are not planned for the near future to appropriately serve the proposed development, as determined by the affected utility company or agency, the final development plan may be denied.

No application shall be deemed complete until all items required to be submitted in support of the application have been submitted. Subject to the provisions of section 16-307, however, all items required to be submitted in support of an application need not be submitted at the same time that the application is filed.

The Building Inspector or the Planning Commission may administratively provide for submission deadlines for materials required in support of any application provided for in this chapter. Compliance with these deadlines shall generally be required in order to have the application placed on an agenda to be heard by the Planning Commission. At the discretion of the chairperson of the Planning Commission, non-agenda items may be brought before the Planning Commission for hearing; provided that, the Planning Commission, in its sole discretion, may refuse to hear non-agenda items.

In approving any application, the approving authority may stipulate that the approval is subject to compliance with certain specified conditions including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, participation in transportation systems management programs, participation in improvement districts or other programs for financing public facilities, etc.

In the case of approval of a zoning text amendment, rezoning, special use permit or other application where adoption of an ordinance is required, the decision approving the application shall not be deemed to be final until the ordinance has been published in an official City newspaper. In all other cases, the decision shall be deemed final as of the date that the approving authority votes to approve or deny the application.

Except where this chapter provides for an appeal to another quasi judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this chapter desiring to appeal that decision shall file the appeal in the District Court of Johnson County within 30 days of the making of the decision.

From and after the adoption of the ordinance from which this chapter derives, compliance with Article 14, Subdivision Regulations, shall be required as a condition of the issuance of a building or zoning permit, to the extent that those regulations are applicable to the proposed development.

Unless otherwise specifically provided for in this chapter, all publication notices for public hearings required by this chapter shall be published in one issue of the official City newspaper, and at least 20 clear days shall elapse between the date of the publication and the date set for hearing. For purposes of this section, in computing the time both the day of publication and the day of the public hearing shall be excluded. The publication notice shall fix the time and place for the public hearing. Where the hearing is for consideration of changes in the text of the ordinance, or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the ordinance or in the boundaries of the zone or district. If the hearing is on an application which concerns specific property, the property shall be designated by legal description and general street location, and the notice shall contain a general statement regarding the purpose of the application.

(a)

Unless otherwise specifically provided in this chapter, whenever notice to surrounding property owners is required for consideration of an application, the notice shall be given as follows. The applicant shall mail notices at least 20 days prior to the hearing to all owners of record of lands located within at least 200 feet of the property which is the subject of the application, thus notifying the property owner of the opportunity to be heard. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the general street location of the property subject to the proposed change, a statement that a complete legal description of the property is available for public inspection at City Hall, and a statement explaining that the public may be heard at the public hearing. Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of record of the property. When the notice has been properly addressed and deposited in the mail, failure of any party to receive mailed notice shall not invalidate any action taken on the application. Mailed notice may be waived provided that a verified statement specifically indicating the waiver is signed by all property owners within the notification area and filed with the secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, at least two business days prior to the hearing. Prior to the public hearing, the applicant shall file with the secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(b)

In the case of rezonings and special use permits, with the exception of in-home daycares, the applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use. The sign shall be furnished by the City to the applicant, and the applicant shall maintain the sign for at least 20 clear days between the date of posting and the date set for the public hearing. The sign shall be firmly affixed and attached to a wood or metal backing or frame and placed within five feet of the street right-of-way line in a central position on the lot, tract or parcel of land so that the sign is free of any visual obstructions surrounding the sign. If a lot, tract or parcel of land is larger than five acres, a sign as required herein shall be placed so as to face each of the streets abutting thereto. The size, style, coloring and wording of signs for rezonings and special use permits may be determined by the Governing Body by resolution. The applicant shall file an affidavit with the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this chapter and applicable resolutions; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing. The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application. It shall be a public offense for any person to remove, deface or destroy any sign provided for in this subsection, except in compliance with this subsection.

(Ord. No. 961, § 4, 11-20-2017)

Where the consideration of an application requires a public hearing, the following provisions shall apply:

(a)

The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.

(b)

An accurate written summary of the proceedings shall be made for all public hearings.

(c)

The Governing Body, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.

(d)

If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, then the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. No additional notices shall be required once the public hearing is opened.

(a)

Any applicant or authorized agent shall have the right to one continuance of a public hearing before the Planning Commission or Board of Zoning Appeals; provided that, a written request therefor is filed with the secretary of the Planning Commission or Board of Zoning Appeals at least two business days prior to the date of the scheduled hearing. The applicant shall make every attempt to notify all persons previously notified of the continuance either by mail or telephone. In any event, the applicant shall cause written notice of the rescheduled public hearing date to be sent to surrounding property owners in the same manner and in accordance with the same time schedule as required for notice of the original hearing.

(b)

The Planning Commission, Board of Zoning Appeals or the Governing Body may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason the continuance was made and any stipulations or conditions placed upon the continuance. If the Planning Commission or Board of Zoning Appeals continues a public hearing on its own motion, it may direct the secretary thereof to renotify property owners within 200 feet of the subject property, if notification was required in the first instance; if the continuance is made at the request of the applicant, the Planning Commission or Board of Zoning Appeals may direct the applicant to renotify property owners within 200 feet of the subject property. This renotification shall be by first class United States mail, postage prepaid. Where renotification is to be made by the applicant, an affidavit shall be submitted that the renotification has occurred.

(c)

All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members of the official body present at the meeting shall be required to grant a continuance.

(a)

Public hearing required. Consideration of zoning text amendments shall require a public hearing before the Planning Commission following publication notice as provided in Section 16-312.

(b)

Action by Planning Commission. A majority of the members of the Planning Commission present and voting at the hearing shall be required to recommend approval, approval with conditions or denial of the zoning text amendment to the Governing Body. The Planning Commission's recommendation shall include a statement of the reasons for the recommendation.

(c)

Governing Body action upon Planning Commission recommendation.

(1)

In the case of a special use permit for in-home daycares, Governing Body approval is not required. Final approval will be by the Planning Commission with the Governing Body operating as the appeal board.

(2)

When the Planning Commission submits a recommendation to approve a zoning text amendment and the Governing Body approves that recommendation, then the Governing Body shall adopt the submitted ordinance. When the Planning Commission submits a recommendation to disapprove a zoning text amendment and the Governing Body approves that recommendation, no further action need be taken by the Governing Body and the application shall be deemed terminated.

(3)

Upon receipt of a recommendation of the Planning Commission which the Governing Body disapproves, the Governing Body may either return the recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for disapproval, or may override the Planning Commission's recommendation by a two-thirds majority vote of the membership of the Governing Body. A failure to obtain a vote necessary to approve the Planning Commission's first recommendation shall constitute a disapproval. Requests, for amendments or modifications which constitute substantial changes, or requests for clarification by the Planning Commission, shall be treated as disapprovals for purposes of these procedures.

(d)

Applications returned to Planning Commission. Upon receipt of an application returned by the Governing Body, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's statement specifying disapproval, the Governing Body may consider the course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. Reconsideration by Governing Body. Upon receipt of the Planning Commission's recommendation after reconsideration, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt the recommendation by ordinance, or it need take no further action thereon.

(Ord. No. 961, § 5, 11-20-2017)

The following items shall be submitted in support of any application for rezoning:

(a)

Legal description of the property.

(b)

A statement of the reasons why rezoning is being requested.

(c)

A preliminary development plan, except for rezonings to a single-family residence district and duplex residence district.

(d)

All studies as may reasonably be required pursuant to Section 16-304.

(e)

Assurances of adequate public facilities as required by Section 16-305.

(Ord. No. 960, § 1, 11-20-2017)

(a)

Definition: are uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation, or nature of business may prove detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs. Within the various zoning districts specific uses may be permitted only after additional requirements are complied with as established within this section.

(b)

Any of the use restrictions provided for in this article may be waived in hardship cases provided that a written application for a special use permit is made to the Governing Body.

(c)

Communications Facilities (Towers, Base Stations and Antennas).

(1)

The definitions in Section 16-1102 shall apply to Special Use Permits for Communications Facilities.

(2)

Each Application for a Special Use Permit for Communications Facilities shall follow the process and submit the required information listed in Section 16-1105.

(3)

A Special Use Permit for Communications Facilities shall be subject to the performance standards listed in Section 16-1107.

(4)

A Special Use Permit for Communications Facilities shall be for a term not less than ten years.

(5)

A denial of a Special Use Permit for Communications Facilities shall comply with the requirements of Section 16-1108.

(d)

Day Care Facilities: Day care facilities for more than five children or adults shall:

(1)

Be licensed with the State pursuant to K.S.A. 65-501 et seq.;

(2)

Obtain a Special Use Permit from the Planning Commission;

(3)

Obtain an annual City business license;

(4)

Obtain and furnish an annual fire inspection from the Fire Marshal or designee;

(5)

A loading zone capable of accommodating at least two automobiles for picking-up or dropping-off passengers;

(6)

Meet all requirements of the building code applying to day cares;

(7)

That any special use permit issued shall be for an indefinite period, and that the rights granted in said special use permit shall extend to the owner or his agent or licensee of said owner requesting such permit and shall not run with the land;

(8)

The special use permit for the operation of a daycare may be revoked at any time by the Planning Commission upon a determination that it is in violation of the standards of this section or any other City Code requirement including City Code violations such as nuisance violations that endanger the life, health, property, safety, or welfare of the general public and property maintenance violations containing substandard or unsanitary conditions;

(9)

Landlord Consent. Any person applying for a business license and/or a special use permit for a daycare that will take place within a residential rental property shall submit written consent signed by the owner of the rental property to the City;

(10)

In-home daycares will be permitted to operate in a single family detached home only;

(11)

The in-home daycare provider must notify the City immediately if they are no longer operating the in-home daycare facility.

(Ord. No. 944, § 4, 11-21-2016; Ord. No. 961, § 6, 11-20-2017; Ord. No. 976, § 3, 4-15-2019)

(a)

The following items shall be submitted in support of an application for a special use permit requested pursuant to Subsection 16-319(a).

(1)

Legal description of the property that is covered by the application for a special use permit.

(2)

A statement of the reasons why the special use permit is being requested.

(3)

If the application is for a communication antenna, either a site plan or a preliminary development plan, whichever is, in the opinion of the Building Inspector, necessary in order for the City staff, Planning Commission and Governing Body to properly evaluate the application. If a preliminary development plan is not required, the Building Inspector shall specify in writing the information to be included on the required site plan. Notwithstanding a determination by the Building Inspector that only a site plan is required, the Planning Commission or Governing Body may require the submission of a preliminary development plan prior to taking action on the application.

(4)

With respect to applications for special use permits for a communication antenna or a communication tower, a statement that alternative sites or communication towers within one-half mile radius of the subject site are not available due to one or more of the following reasons, when the reasons are applicable.

i.

Unwillingness of the owners of the alternate sites, or owners of existing or approved communication towers or structures capable of accommodating applicant's planned equipment to entertain applicant's communication facility proposal.

ii.

Topographic limitations of alternate sites.

iii.

Impediments adjacent to existing or approved communication towers that would obstruct adequate transmission.

iv.

Physical site constraints that would preclude the construction of a communication tower.

v.

Technical limitations of the communications transmission system.

vi.

The applicant's planned equipment would exceed the structural capacity of existing and approved communication towers and facilities and structures generally capable of accommodating a communications transmission system, considering existing and planned use of communication towers and facilities and structures.

vii.

The applicant's planned equipment would cause radio frequency interference with other existing or planned communication towers or facilities that cannot be reasonably prevented.

viii.

Existing or approved communication towers or facilities do not have space on which applicant's planned equipment can be placed so it can function effectively and reasonably.

ix.

The applicant demonstrates that there are other limiting factors that render existing communication towers and facilities and structures unsuitable.

x.

The owner's facilities and transmission demands on structures.

(5)

If the Application is for an in-home daycare, the applicant must include:

i.

Applicant's name;

ii.

Description of the particular premises in or at which the in-home daycare will be carried on;

iii.

Hours of operation;

iv.

Parking plan;

v.

If staff outside the home are employed, the number of staff and where they will park;

vi.

Proof of state licensure; and

vii.

Proof of a fire inspection.

(6)

All studies as may reasonably be required pursuant to Section 16-304.

(7)

Assurance of adequate public facilities as required by Section 16-305.

(Ord. No. 960, § 2, 11-20-2017; Ord. No. 961, § 7, 11-20-2017; Ord. No. 976, § 4, 4-15-2019)

Editor's note— Ord. No. 960, § 3, adopted Nov. 20, 2017, repealed § 16-320, which pertained to concept plans—submission requirements, contents and meetings with redevelopment committee and derived from the original codification of this code.

(a)

Public hearing required. Consideration of all applications for rezoning or a special use permit shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners as required by Sections 16-312 and 16-313, respectively, with the exception of special use permits for in-home daycares. In the case of in-home daycares, the applicant shall notify the owners of record of lands located within 100 feet of the property which is the subject of the application by certified mail, return receipt requested or by signed statement of all property owners as specified in Section 16-313(a). All other provisions regarding notification as required by Section 16-313 apply.

(b)

Procedures. Except as hereinafter provided, the procedures for Planning Commission and Governing Body consideration of rezoning or special use permit applications shall conform to the procedures set forth in Section 16-316 for zoning text amendments. If the Planning Commission fails to make a recommendation, the Planning Commission shall be deemed to have recommended denial of the application. The Governing Body shall not take action on an original recommendation of the Planning Commission unless 14 days have elapsed after the date of the conclusion of the Planning Commission's public hearing held pursuant to publication notice in order to allow the filing of a protest petition as provided in Subsection (c) provided, however, that where the right to file a protest petition has been waived in a verified statement signed by all property owners holding that right, the Governing Body may consider the recommendation at any time.

(Ord. No. 976, § 5, 4-15-2019)

(a)

A preliminary development plan which meets the requirements of Section 16-322 shall be submitted in support of all applications for:

(1)

Rezoning, pursuant to Section 16-317, except applications for rezoning to a single-family residence district and a duplex residence district;

(2)

A special use permit, pursuant to Section 16-318, with the exception of applications for in-home daycare facilities; and

(3)

A building permit for a project, which involves the construction of buildings on undeveloped land, or the redevelopment of previously developed land, in all zoning districts, excepts the single-family and duplex residence districts.

(b)

A preliminary development plan shall be required as to Subsection (3) above only when a final development plan has not previously been approved for the project for which the building permit is being sought or if a final development plan has been approved and then abandoned, pursuant to Section 16-330.

(c)

The Governing Body may waive the requirement for submission of a preliminary development plan for Subsection (3) above if it determines, in its sole discretion, that the nature or the content of the redevelopment does not warrant plan review.

(Ord. No. 961, § 8, 11-20-2017)

(a)

Eight copies of the preliminary development plan shall be submitted in support of the application. The preliminary development plan shall contain the following information:

(1)

North arrow and scale.

(2)

With regard to the subject property only:

(i)

Existing topography with contours at five-foot intervals, and delineating any land areas within the 100-year flood plain.

(ii)

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and easements.

(iii)

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

(iv)

General extent and character of proposed landscaping.

(3)

With regard to areas within 200 feet of the subject property:

(i)

Any public streets which are of record;

(ii)

Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses.

(iii)

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.

(iv)

The location and size of any drainage structures, such as culverts, paved or earthen ditches or storm water sewers and inlets.

(4)

Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, a separate sketch shall be prepared for each type. These sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

(5)

A schedule shall be included indicating total floor area, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with requirements of this chapter can be determined.

(6)

Name and address of landowner.

(7)

Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.

(8)

Date of preparation of the plan.

(b)

The following information shall be submitted in support of the application for the preliminary development plan approval:

(1)

All studies as may reasonably be required pursuant to section 16-304.

(2)

Assurances of adequate public facilities as required by section 16-305

(a)

When property is rezoned to a zoning district other than the single-family residence district or the duplex residence district, including all planned zoning districts, the preliminary development plan shall be considered and approved as a part of the rezoning application.

(b)

When submission of a preliminary development plan is required pursuant to subsection (a), it shall be considered and approved in accordance with all provisions and factors set forth in subsection 16-321(e). In addition, the following factors also shall be considered:

(1)

The capacity of the site to accommodate the building(s), parking and drives, with appropriate open space and safe and easy ingress and egress;

(2)

The degree of harmony between the architectural quality of the proposed building(s) and the surrounding neighborhood;

(3)

The appropriateness of the minimum dimensions, areas of lots and yards and setbacks contained in the applicable zoning district regulations;

(4)

The consistency of the plan with good land planning and site engineering design principles; and

(5)

Compliance with all other applicable provisions of this chapter.

(c)

The Planning Commission shall hold a public hearing on each preliminary development plan submitted within 30 days of the date it is deemed complete pursuant to section 16-306. If the Planning Commission fails to hold a public hearing within this period, the commission shall be deemed to have made a recommendation for denial and the preliminary development plan shall be considered by the Governing Body. The applicant and the Mayor with the consent of the Council may jointly agree in writing that the Planning Commission public hearing on a preliminary development plan may occur later than 30 days from the date the preliminary development plan is deemed complete, provided that a date certain for the hearing is established which is not greater than 45 days from the date the preliminary development plan is deemed complete.

(d)

Once a preliminary development plan has been approved, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Each member of the Governing Body shall be notified immediately upon submission of a revised preliminary development plan. Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning Commission, and disapproval of these plans by the Planning Commission may be appealed to the Governing Body. Provided that, if any member of the Governing Body determines that the Governing Body should consider a revised preliminary development plan that contains changes that are not substantial or significant, as defined in subsection (e) of this section, the member of the Governing Body shall notify the Mayor who shall in turn notify the Planning Commission of this determination. In this instance, the revised preliminary development plan may only be approved after rehearing by the Planning Commission and Governing Body; the hearing shall be subject to the notice and protest provisions set forth in section 16-321. Substantial or significant changes in the preliminary development plan may only be approved after rehearing by the Planning Commission and Governing Body; the rehearing also shall be subject to the public hearing and protest provisions set forth in section 16-321.

(e)

For purposes of this section, "substantial or significant changes" in the preliminary development plan shall mean any of the following:

(1)

Increases of more than ten percent in the total floor area of all buildings covered by the plan.

(2)

Increases of lot coverage of more than five percent. "Lot coverage" means that portion of the net site area which is covered by the ground floor of any structure, parking lots, and private streets and drives. Pools, tennis courts, sidewalks and plazas are not counted toward lot coverage. "Net site area" means the land area of a lot or tract remaining after subtraction of all public street and alley rights-of-way as are required by this chapter.

(3)

Increases of more than ten percent in the height of any building

(4)

Changes of architectural style which will make the project less compatible with surrounding uses.

(5)

Changes in ownership patterns or stages of construction that will lead to a different development concept.

(6)

Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.

(7)

Decreases of more than five percent of any peripheral setback.

(8)

Decreases of areas devoted to open space of more than five percent or the substantial relocation of these areas.

(9)

Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.

(10)

Modification or removal of conditions or stipulations to the preliminary development plan approval.

(f)

The determination of whether a proposed revised preliminary development plan contains "substantial or significant changes" shall be made by the Building Inspector within ten business days following the date he deems the application complete. The determination of the Building Inspector may be appealed to the Planning Commission, whose decision shall be final.

(g)

In the event that the application for the revised preliminary development plan is denied, the previously approved preliminary development plan will remain in effect.

Following the approval of a preliminary development plan, a statement shall be recorded with the register of deeds acknowledging that a preliminary development plan has been approved for the property. The statement shall be recorded in accordance with the forms and procedure established by the City and shall contain following information:

(a)

A legal description of the property;

(b)

A specification of the nature of the plan by identifying the zoning districts which apply to the property and the rezoning case number established by the rezoning ordinance, if applicable; and

(c)

A statement that the restrictions on development established by the preliminary development plan and the rezoning ordinance shall be binding upon all successors and assigns unless amended in conformance with the procedures set forth in the City's zoning regulations.

Submission and approval of final development plans are required in all instances in which preliminary development plans are required pursuant to the provisions of section 16-322.

(a)

Eight copies of the final development plan shall be submitted in support of the application. The final development plan shall contain the following information:

(1)

A small key map indicating the location of the property within the City.

(2)

A site plan including the following:

(i)

Finished grades or contours for the entire site at two foot contour intervals.

(ii)

All existing and proposed adjacent public street right-of-way with centerline location.

(iii)

All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii.

(iv)

Location, width and limits of all existing and proposed sidewalks.

(v)

Location, size and radii of all existing and proposed median breaks and turning lanes.

(vi)

Distance between all buildings, between buildings and property lines and between all parking areas and property lines.

(vii)

Location of all required building and parking setbacks.

(viii)

Location, dimensions, number of stories and area in square feet of all proposed buildings.

(ix)

Area of land on site plan in square feet or acres.

(x)

Limits, location, size and material to be used in all proposed retaining walls.

(xi)

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

(xii)

Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.

(xiii)

Location, size, type of material and message of all proposed monument or detached signs.

(xiv)

Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.

(xv)

Preliminary drainage design and location and existing drainage facilities.

(3)

Building elevations including the following:

(i)

Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.

(ii)

Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Planning Commission.

(iii)

Location, size and materials to be used in all screening of rooftop mechanical equipment.

(iv)

Building sections.

(4)

Floor plans indicating dimensions and areas of all floors within proposed buildings.

(5)

Landscaping and screening plans which include:

(i)

Size, species, location and number of all proposed landscape materials.

(ii)

Notation of all areas to be seeded or sodded.

(iii)

Location, size and materials to be used for all screening, including screening of outside trash enclosure areas.

(b)

All site plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the City Engineer.

(c)

One copy of the proposed site plan and one copy of the proposed building elevations shall be reduced onto 8½ inch by 11 inch bond paper.

(d)

The following shall be submitted in support of the application for final development plan approval:

(1)

Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to section 16-329.

(2)

A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan.

(3)

Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of the agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.

(4)

Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.

(5)

Proof of filing of the statement required by section 16-329.

(6)

Assurances of adequate public facilities as required by section 16-305.

(a)

Each member of the Governing Body shall be notified immediately upon submission of a final development plan.

(b)

Final development plans that contain no modifications or additions from the approved preliminary development plan shall be approved by the Planning Commission if the commission determines that the landscaping and screening plan complies with all applicable Code requirements and that the final development plan complies with the applicable factors referred to and set forth in subsection 16-320(e). Denial of final development plans by the Planning Commission may be appealed to the Governing Body by the applicant within 15 days of the denial.

(c)

A final development plan that contains modifications from the approved preliminary development plan, but is in substantial compliance with the preliminary plan, may be approved by the Planning Commission without a public hearing, provided that the commission determines that the landscaping and screening plan complies with all applicable Code requirements and that the final development plan complies with all of the applicable factors referred to and set forth in subsection 16-321(e). Provided further that, if any member of the Governing Body determines that the Governing Body should consider a final development plan that contains changes that are not substantial or significant changes from the approved preliminary development plan as determined by subsection 16-324(e), that member shall notify the Mayor who shall notify the Planning Commission of the determination. In these instances, final development plans shall be considered by the Governing Body after the Planning Commission has recommended the approval or denial of the proposed final development plan to the Governing Body, specifying the reasons for its recommendation. If the Planning Commission fails to make a recommendation, the Planning Commission shall be deemed to have made a recommendation of denial. Any determination made by the Planning Commission under this subsection shall be appealable to the Governing Body by the applicant within 15 days of the date of the Planning Commission determination

(d)

In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan, the application may not be considered except at a public hearing, following publication notice and notice to surrounding property owners as provided in sections 16-313 and 16-314, respectively. The provisions of section 16-324 relating to consideration of preliminary development plans shall apply to consideration of final development plans that are determined not to be in substantial compliance with the preliminary development plan. Following the public hearing, the Planning Commission shall recommend approval or denial of the proposed final development plan to the Governing Body, specifying the reasons for its recommendation. If the Planning Commission fails to make a recommendation on the proposed final development plan, the Planning Commission shall be deemed to have made a recommendation of denial. Following receipt of the Planning Commission recommendation, the Governing Body shall either approve or disapprove the proposed final development plan by a simple majority vote of those members present and voting; provided, however, that consideration of a proposed final development plan which has been determined to be not in substantial compliance with the approved preliminary development plan shall also be subject to the protest provisions set forth in subsection 16-321(c).

(e)

Revisions to approved final development plans which are insignificant in nature may be approved administratively by the Building Inspector. Provided, however, that in no event may revisions to approved final development plans be approved administratively if the proposed revised final plan contains "substantial or significant changes" as defined in subsection 16-324(e).

Following the approval of a final development plan, a statement acknowledging that a final development plan has been approved for the property shall be filed with the register of deeds. The statement shall be recorded in accordance with the forms and procedures established by the City and shall contain the following information:

(1)

A legal description of the property.

(2)

A statement that the restrictions on development and the responsibility for continuing maintenance and compliance with the final development plan shall be binding upon all successors and assigns unless the plan is amended in conformance with the procedures set forth in the City's zoning regulations.

In the event that a plan or a section thereof is given final approval and thereafter the landowner shall abandon the plan or section thereof and shall so notify the City in writing, or in the event the landowner shall fail to commence the planned development within 18 months after final approval has been granted, then in either event the final approval shall terminate and shall be deemed null and void unless the time period is extended by the application by the landowner. Whenever a final plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new development plan has been approved.

(a)

No permit for any construction or use of property for non-residential uses (parks, playgrounds, churches or schools) in a residential district shall be issued until a site plan for the development has been reviewed by the Planning Commission and approved by the Governing Body.

(b)

All site plans shall contain the following information:

(1)

North arrow and scale.

(2)

Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, utilities, etc.).

(3)

Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.

(4)

Location of flood plain.

(5)

Location of proposed drives and parking areas.

(6)

Platted setback lines.

(7)

Elevations of proposed buildings.

(8)

Final grades.

(9)

Landscaping.

(10)

Name and address of landowner.

(11)

Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plan.

(12)

Date of preparation of the plan.

(c)

Prior to consideration of site plans by the Planning Commission, all site plans, and assurances of adequate public facilities as set forth in section 16-305, shall be submitted to the Building Inspector for review and determination that all submittal requirements are complete. The City Engineer may also require the submission of technical studies, and the provisions relating thereto set forth in section 16-304 shall be applicable, except that appeals of the determination of the Building Inspector shall go directly to the Planning Commission.

(d)

Following the determination of the Building Inspector that all submittals are complete, a public hearing on the site plan shall be scheduled before the Planning Commission, with publication notice and notice to surrounding property owners as required by sections 16-312 and 16-313.

(e)

Following the close of the public hearing, the Planning Commission shall determine the appropriateness of the proposed site plan according to the following criteria:

(1)

The capability of the site to accommodate the building(s), parking and drives, with appropriate open space and safe and easy ingress and egress.

(2)

The degree of harmony between the architectural quality of the proposed building(s) and the surrounding neighborhood.

(3)

The appropriateness of the minimum dimensions and areas of lots and yards contained in the applicable zoning district regulations may be considered and increased.

(4)

The consistency of the plan with good land planning and site engineering design principles.

(5)

The extent to which the proposed use and associated site improvements ensure that on-site storm water is appropriately managed, control the discharge of pollutants into storm water runoff, create air pollution, noise pollution, other types of water pollution, or involves excessive removal of existing on-site vegetation or other environmental harm.

(f)

The decision of the Governing Body to approve, approve with conditions or deny the site plan shall be final.