Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multifamily residential projects and structures, and for any planned development district or specific use permit (public hearings may also be required, see division 22 and division 26 of the zoning ordinance). Nonresidential structures within a residential zoning district (e.g., church, school, day care facility, private recreation facility, etc.) are subject to the site plan review and approval requirements of this article.

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city. The site plan review process shall include up to four steps:

An application form (format provided by the city) with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property;

Filing fee established by resolution of the city council.

Verification that all taxes and assessments on the subject property have been paid (see section 5 below).

Copies of the concept plan or site plan (on 24" x 36" sheet, and drawn to a known engineering scale that is large enough to be clearly legible), and other required information, the quantity of which shall be determined by the city manager (or his/her designee).

General layout for the required public improvements (water, wastewater, grading/storm drainage, streets, water quality, fire lanes and hydrants, screening and landscaping, etc.), the quantity of which shall be determined by the city manager, or his/her designee.

Reduced copies (11" x 17") of the site plan as required by the city manager, or his/her designee.

Landscaping and irrigation plans (with site plan; not required with concept plan), the quantity of which shall be determined by the city manager, or his/her designee.

Building facade (elevation) plans (with site plan; not required with concept plan) drawn to scale, the quantity of which shall be determined by the city manager, or his/her designee.

Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the city manager, or his/her designee, in order to ensure that the development request is understood.

If the application is for a single-family subdivision, a preliminary/construction plat may qualify as a site plan, not withstanding other information contained herein that may still be deemed as required with the application.

For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for approval of a concept plan or site plan (that contains all elements and information required by this article) is submitted to the city manager (or designee). No application shall be deemed officially submitted until the city manager (or designee) determines that the application is complete and a fee receipt is issued by the city. Failure by the city manager (or designee) to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the “official submission date” shall become the 11th calendar day following initial receipt of the application by the city. In no event shall determination of the submission date act as a waiver or estoppel to any of the requirements under this article.

Concept plan and site plan applications which do not include all required information and materials (as outlined below and per other city development review policies which may change from time to time) will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.

The plan’s compliance with all provisions of the zoning ordinance, subdivision ordinance, and other applicable ordinances of the city.

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the city, as amended.

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

Protection and conservation of watercourses and areas that are, or that may be, subject to flooding.

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

Consistency with the Comprehensive Plan of the city, as amended.

The applicant(s) should avail themselves of the advice and assistance of the city officials, and should consult early and informally with the city manager, the public works director, the city’s planner, the city’s engineer, and other applicable administrative officers before preparing a concept plan (a voluntary plan, except for planned developments or specific use permits) or a site plan in order to save time, money and to avoid potential unnecessary delays.

Prior to formal application for approval of any concept plan or site plan, the applicant(s) shall request and attend a preapplication conference with the city manager (or designee), the city’s planner, the city’s engineer, the public works director, and any other pertinent city official(s) in order to become familiar with the city’s development regulations and the development process. At the preapplication conference, the developer may be represented by his/her land planner, engineer and/or surveyor.

Upon official submission of a complete application for concept plan or site plan approval, the city shall commence technical review of the development proposal by forwarding a copy of the application to development review team members (such as the city manager, city engineer, city planner, public works director, fire chief, etc.). Development review team members shall review the application and shall ascertain its compliance with these and other applicable city regulations. Following city staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the city manager (or designee) no later than seven (7) calendar days prior to the planning and zoning commission meeting. Failure to resubmit corrected copies of the plan back to the city in time shall be cause for the city manager (or designee) to forward the plan application to the commission as it was originally submitted rather than the corrected version (corrected copies of the plan resubmitted to the city less than seven days prior to the meeting date shall not be accepted or forwarded to the commission). If, upon resubmission of the corrected plan to the city, the city manager (or designee) determines that the application is still incomplete or not correct (i.e., not ripe for consideration), the plan application shall be subject to denial.

All concept plan and site plan applications shall be reviewed by the planning and zoning commission, and if in conformance with the provisions of this article and all other applicable regulations and codes of the city, they shall be approved by the commission.

The city manager, or his/her designee, shall schedule consideration of the concept plan or site plan on the regular agenda of the planning and zoning commission within thirty (30) calendar days after the submission is received (or, in the case of an incomplete submission, after the submission is deemed complete). The planning and zoning commission shall review the concept plan or site plan and shall approve, approve subject to certain conditions, or disapprove the concept plan or site plan. If the planning and zoning commission disapproves a plan application, the commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such decision to city council by filing a written notice of appeal in the office of the city manager (or designee) no later than ten (10) calendar days after the date upon which the commission denied the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The city council shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal was filed. The city council may change the decision of the commission only by a three-quarters (3/4) vote of the full city council. The city council may also, where appropriate, remand the concept plan or site plan application back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The planning and zoning commission shall determine final approval or disapproval of all concept plan or site plan applications unless a disapproval is appealed to the city council, in which case the city council shall be the final authority approving or disapproving the plan application.

Prior to the lapse of approval for a concept plan or site plan, the applicant may petition the city (in writing) to extend the plan approval. Such petition shall be considered at a public meeting before the planning and zoning commission, and an extension may be granted by the commission at such meeting. If no petition for extension of concept plan or site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for concept plan or site plan approval shall be deemed a “new project”; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this article; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the planning and zoning commission shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. The commission shall either extend the concept plan or site plan or deny the request, in which instance the originally approved plan shall be deemed null and void. The property owner must thereafter submit a new concept plan or site plan application for approval as a “new project”, and shall conform to the zoning and development regulations then in effect.

Submission and approval of a concept plan (a voluntary plan except for planned development or specific use permit zoning requests, and except for the types of developments outlined below) can be the first step in the approval process for a development project (either residential or nonresidential) if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the city and the applicant. The applicant benefits in that he/she gains preliminary review and scrutiny (as well as input and suggestions) on the overall conceptual layout of the proposed development from the city’s development review team. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plan submissions will be favorably received and approved with few major changes to the project’s design and layout provided that the project complies with city regulations. For example, once the site plan and preliminary/construction plat (and corresponding engineering plans) are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost due to major plan revisions. The city benefits in that it is allowed to become familiar with and involved in the project early in the development process (which is particularly important for large-scale developments and subdivisions). This allows the city to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination.

Submission and approval of a concept plan is mandatory for a zoning request for a planned development or specific use permit. Submission and approval of a concept plan is also required in the following circumstances:

The purpose of a concept plan is to allow opportunity for the planning and zoning commission to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the comprehensive plan, zoning ordinance (if the subject property is within the city’s corporate limits), subdivision ordinance, future land use plan, thoroughfare plan and other applicable plans and guidelines; and the property’s relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the city in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.

Submission of an application for concept plan approval shall be preceded by a preapplication conference with the city (see subsection 9(A) above). The concept plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets 24 inches by 36 inches (24" x 36"), and it shall show/include the following:

The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the city until a final site plan is approved for the development (concept plan approval is to be thought of as a general acknowledgment by the city that the proposed layout generally conforms to the city’s zoning regulations, and that the proposed development can be adequately served by required public facilities or services). If the applicant chooses to construct only the initial phase(s) of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next.

The approved concept plan shall be valid for a period of six (6) months (i.e., 183 calendar days) from the date of concept plan approval by planning and zoning commission (see Section 10).

Submission and city approval of a site plan is required as stated in section 2. The purpose of final site plan approval is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction. Approval of the site plan, preliminary/construction plat, landscape plan, building facade plan, and engineering plans are required prior to site construction.

When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

Submission of an application for site plan approval shall be preceded by a preapplication conference with the city (see section 9(A)). The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals one hundred feet (1" = 100') and on sheets 24 inches by 36 inches (24" x 36"), and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The site plan shall include, but not be limited to the following:

The site plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as preliminary/construction plat, engineering plans, landscape plan, building facade plans, building permits, etc.). The approved site plan shall be valid for a period of six months (i.e., 183 calendar days) from the date of approval by the planning and zoning commission (also see section 10).