(a)

The purpose of this article is to establish a uniform procedure for the review of plans for the development of commercial, office, multi-family and industrial property located in the city. This review process shall apply to undeveloped properties as well as to alterations or modifications of properties where the proposed alteration or modification would increase the square footage of existing structures by 40 percent or more. It is hereby found that the establishment of this procedure will work toward assuring development compatible with area architectural and environmental elements in furtherance of the best interests of this community and with the Spencer Master Plan.

(b)

This article, and all its provisions, shall apply to the following zoning districts, notwithstanding anything else to the contrary: "R-3," "R-4," "R-5," "C-1," "C-2," "C-3," "I-1," "I-2," and all special use permits.

(c)

Nothing herein shall be deemed to abolish existing requirements or procedures for the obtaining of special use permits in any zoning district.

(d)

The provisions of these regulations shall become a regular part of any application for any building permit in the zoning district specified hereinabove where the proposed construction, alteration or modification meets the criteria of subsection (a) of this section. No building permit may be issued prior to the completion of the site review process provided for in this article, notwithstanding any compliance with applicability nor constructions standards or codes in effect.

(Code 1983, § 12-370; Ord. No. 301-A, 11-8-1990)

(a)

The city manager shall prescribe the form and content of applications and other necessary forms. Completed applications shall be filed with the city clerk-treasurer, and as a minimum, shall include the following as a site plan:

(1)

Disclosure of the boundaries of the property and building site, drawn to scale;

(2)

Proposed landscaping and lighting;

(3)

Proposed driveway locations, streets, parking lot and loading areas, sidewalks and on-site drives;

(4)

Location of all structures, including elevations depicting the number of stories;

(5)

Location, height and type of sight-proof fencing or screening;

(6)

Location, height and type of all lighting facilities and signs;

(7)

Disclosure of the proposed general architectural appearance of the structure, to include exterior finish;

(8)

Disclosure of the proposed general motif and type of architecture;

(9)

Provision for proper facilities for accumulation and disposal of garbage and trash;

(10)

Provision of fences, walls and landscaping; and

(11)

Provision of facilities and manner of maintenance thereof.

(b)

Applications shall be made by the property owner or his authorized agent. If the applicant is not the property owner, a letter of agency shall be provided.

(Code 1983, § 12-371; Ord. No. 301-A, 11-8-1990)

Upon submission of the application as set forth herein, a fee shall be paid to cover the costs of public notice and investigation. At the same time, the applicant shall submit a list of all record property owners and their current addresses within a 300-foot radius of the boundaries of the total site to be used for the proposed development.

(Code 1983, § 12-372; Ord. No. 301-A, 11-8-1990)

(a)

The planning commission shall hold one or more public hearings and shall, within 45 days of the application, transmit to the city council its report as the effect of the proposed building conditions, public utilities, landscaping, and other matters pertaining to the general welfare, and the recommendations of the planning commission concerning the use thereon. Thereupon, the city council will hold one or more public hearings, at which time they may authorize or deny the issuance of a building permit for the site plan or buildings as requested.

(b)

The action of the city council on any application will be made after consideration of the items shown on the plan, and may include the requirement of landscaping, fences, walls and other features deemed necessary to further the purposes these regulations, and such features shall be provided and maintained during the continuance of any use of which they are pertinent. In considering the site plans before it, the city shall be guided by the following criteria:

(1)

The city shall examine submitted site plans to ensure that all provisions of these regulations and any other applicable city standards are complied with;

(2)

Proposed building or remodeling shall not have a detrimental impact upon the district or the safety or convenience of persons residing or working in the area, or otherwise be detrimental to the public health, safety or welfare;

(3)

The height, area, setbacks and overall mass, as well as parts of any structure or attendant facilities shall be appropriate to the character and development of the district;

(4)

Ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways shall be so designed as to promote both safety and convenience;

(5)

The character of any proposed structure or alteration of an existing structure shall be in harmony with, and compatible to, those structures in the neighboring environment;

(6)

In all applicable zoning districts of these regulations, totally exposed metal walls or untreated concrete block shall be permitted when visible from an adjacent residential zoning district, as observed from a person standing on the ground level at the property line; and

(7)

In all applicable zoning districts, where any portion of any roof is visible to an observer standing on the ground level at any place along the property lines of the subject property, then in that event no roofs or metal construction shall be permitted unless the same be of standing seam construction or the functional and architectural equivalent thereof. For purposes of this subsection, construction commonly known as "mansard" projections shall be deemed to be a part of the roof.

(Code 1983, § 12-373; Ord. No. 301-A, 11-8-1990)

(a)

It is the intent of this section that all new construction in the city be so designated that landscaping is included as an integral part of the environment to provide a quality of life and amenities in keeping with the natural physical surroundings of the city.

(b)

All applicable zoning districts to these regulations shall be landscaped with trees, ornamental shrubs and green areas according to the following standards:

(1)

No less than five percent of the total land area of the lot shall be landscaped with trees, ornamental shrubs and green areas. The five percent landscaped area shall be placed in the front or side yards;

(2)

Application for site plan approval shall be accompanied by a detailed landscaping plan for both the required lot area and the area within the street right-of-way between the property line and the curb. The plan shall meet the following requirements:

a.

The type of plans shall be designated;

b.

There shall be a live tree having a minimum height of five feet provided for every 500 square feet of area to be landscaped, including the area within the street right-of-way;

c.

Artificial grass or any form of synthetic plant shall not be permitted as part of the minimum required by these regulations for landscaping;

d.

Decorative rock used as a part of rock gardens may be counted in meeting the minimum requirements for landscaped area;

e.

The plan shall especially respect sight triangles at intersections and be approved for all elements relating to traffic control; and

f.

The minimum trees required shall have at least two inch caliper;

(3)

A certificate of occupancy for any structure shall not be issued until the landscaping has been installed in accordance with the plan and it shall be illegal for any person, firm or corporation to occupy or operate a business in any new structure for which landscaping, as shown by the plans, is not provided except that if a structure and all its site improvements is complete except for these landscaping requirements and the season of the year will not permit the planting and growing of plants, temporary occupancy may be permitted until a date certain in the growing season. This date shall be set by the building department on the designated date to determine if the landscaping has been installed. If the landscaping has not been completed by this inspection date, the same shall constitute a violation of these regulations. Upon conviction, the person, firm or corporation granted the temporary occupancy permit shall be fined not more than $70.00. Each day that landscaping is not completed shall constitute a separate offense;

(4)

All landscaping improvements shall be maintained in a live and healthy condition and failure to maintain landscaping is an offense.

(Code 1983, § 12-374; Ord. No. 301-A, 11-8-1990)

(a)

The city may approve a particular project, or portion thereof, with or without attaching such conditions as may be required to ensure compliance with the standards of these regulations and other applicable ordinances.

(b)

The city may deny any application if it is found that applicable criteria, standards or policies have not been complied with, or if the applicant fails or refuses to comply with the same.

(c)

City approval of any project shall expire and become null and void one year from the date of such approval; provided that a building permit has not been issued, unless the city for good cause shown, has specified a different date. The city shall also have the power, upon good cause shown, to extend any such period of time.

(d)

No building permit shall be issued for any project for which city approval is required, unless and until, such approval has been granted and the applicable time limitation has not expired.

(e)

The city manager or his designee shall have the authority to order and direct the cessation of any work for which approval is required but which has not been obtained.

(f)

Any substantial change or modification in the proposed and approved site plan or building permit shall not be permitted. In the event any applicant desires to amend his application or plans subsequent to site approval and such amendment constitutes, in the opinion of the city planner, a substantial variation from the original, then the approved permit shall become void and a new application under these regulations must be submitted. Further, no minor change shall be allowed without written approval of the city prior to commencement of any work toward construction.

(g)

No person, firm or corporation shall do any work in furtherance of any construction, alteration or modification of any property subject to these regulations without there being in existence, a valid and current building permit for such work. Further, no such person shall do any such work where the design or construction thereof varies from the approved site plan therefor.

(Code 1983, § 12-375; Ord. No. 301-A, 11-8-1990)