- COMMERCIAL USE BY RIGHT
No permitted use, improvement or development within a multifamily, commercial, special purpose overlay or industrial zoning district shall commence until a completed application and site plan is filed with the development services department.
(Ord. No. 3023, § 1(23.280), 3-3-2008)
The development services director or designee, may waive the filing of a site plan for a commercial use by right under the following circumstances:
(1)
A change of use or occupancy, provided there is no alteration and/or improvement to any structure on the site and all other provisions of this chapter are met.
(2)
Minor structures and minor improvements.
(Ord. No. 3023, § 1(23.281), 3-3-2008)
The following submittals shall be required at the time of application.
(1)
Completed application on form provided by development services department.
(2)
Completed checklist.
(3)
Full application fee.
(4)
Complete AutoCAD plan drawings for inclusion in GIS system.
(5)
Six sets of the final plan drawing providing accurate representation and explanation of any existing improvements or notable existing manmade or natural features currently existing on, or influencing the subject property:
a.
Title block with name of development, date of preparation, written scale, property address and revision date;
b.
Name and address of property owner/developer and person or entity responsible for preparation of the drawing;
c.
Graphic scale, north point and legend;
d.
Written legal description of the site including the size of the property;
e.
Map showing location of subject proposal in relation to cross streets, schools, parks, other public areas within a one-half-mile area of the subject property;
f.
Statement and signature by the preparer that the plan has, to the best of his knowledge, been designed in accordance with the applicable city ordinances and regulations;
g.
Location, dimensions, and materials of fences and pedestrian ways;
h.
Length of boundaries of the entire tract to the nearest foot;
i.
Existing physiographic characteristics including contour lines at two-foot intervals and significant drainage features on and adjacent to the subject property a minimum of 25 feet beyond the property line, or to a greater distance as may be required to reveal influencing features, or features influenced by the proposed development;
j.
Location, identification and width of existing and proposed public rights-of-way and existing public and private easements on and adjacent to the subject property to a point a minimum of 25 feet beyond the property line, or to a greater distance as may be required to reveal influencing features or features influenced by the proposed development;
k.
Location, orientation, dimension, area, height and general use of existing and proposed buildings and other structures, including dumpster;
l.
Location, arrangement, and dimensions of off-street parking, access drives and loading spaces within a minimum of 25 feet of the subject property;
m.
Written narrative description of the proposed use of the property;
n.
Location, size and orientation of any signs not attached to buildings;
o.
If applicable, location of 100-year floodplain and floodway, with base flood elevation (BFE) noted, as shown on the current effective FEMA flood insurance rate map (FIRM) or as modified by a FEMA approved letter of map revision (LOMR) or letter of map amendment (LOMA);
p.
Location and size of all driveways and curb cuts within the driveway separation requirements set forth in chapter 37 of this Code;
q.
Location of all existing structures within on the subject property and the first encountered edges of all buildings within 25 feet of the property line.
(6)
Public utility plan identifying the location, type, size, whether a public or private utility, and other identifying characteristics of the nearest existing utilities and proposed utility extensions or upgrades, with easements, to serve the project as well as the proposed service lines.
(7)
Contract ready site development construction plans and applicable public improvement plans.
(8)
Final drainage study and plan in compliance with the drainage requirements of section 23-386.
(9)
Final grading plan required in chapter 35.
(10)
Detailed landscape plan in compliance with the landscape requirements of section 23-230(d)(5).
(11)
Water and sanitary sewer impact analysis.
(Ord. No. 3023, § 1(23.282), 3-3-2008; Ord. No. 3221, § 18, 2-21-2013; Ord. No. 3246, § 1, 12-16-2013)
A minor amendment shall be considered for alteration of an approved commercial use by right site plan wherein the total square footage of the new building/development area is less than 50 percent of that which is existing and does not otherwise exceed 7,000 square feet for a single commercial building and/or 15,000 square feet for any commercial building that contains multiple storefronts or multiple uses, and/or 50,000 square feet for an industrial use which does not otherwise increase the height of a building over two stories, or will not cause a significant or notable change in vehicular circulation or impact upon adjoining properties or public streets. The minor amendment shall also be considered for new parking lots or the expansion of existing parking lots. Only that portion of the site being proposed as the minor amendment shall be evaluated.
(Ord. No. 3023, § 1(23.283), 3-3-2008)
The following submittals shall be required a time of application:
(1)
Completed application on form provided by development services department.
(2)
Completed checklist.
(3)
Full application fee.
(4)
Complete AutoCAD plan drawings for inclusion in GIS system.
(5)
Two sets of the approved commercial use by right site plan being amended.
(6)
Four sets of plan drawings providing accurate representation and explanation of any existing improvements or notable existing manmade or natural features currently existing on the subject property:
a.
Title block with name of development, date of preparation, written scale, property address and revision date;
b.
Name and address of property owner or developer and person responsible for preparation of the drawing;
c.
Graphic scale, north point and legend;
d.
Location and length of boundaries of the entire tract to the nearest foot;
e.
Location and identification of existing and proposed public rights-of-way as well as public and private easements;
f.
Location, area, general use of existing and proposed buildings and other structures;
g.
Location of off-street parking, loading spaces and access drives;
h.
Location of existing and proposed utilities, including sewer mains and manholes, water lines, valves and fire hydrants, transformers.
(Ord. No. 3023, § 1(23.284), 3-3-2008)
An application/site plan approved under this article shall expire within two years of the date of any such approval unless a building permit is obtained for the use/improvement/development.
(Ord. No. 3023, § 1(23.285), 3-3-2008; Ord. No. 3051, § 43, 12-15-2008)
Construction of any building or other improvement shall not commence until written notice of approval of the commercial use by right site plan, an earth change permit, and a building permit have been issued. The commercial use by right development, including all buildings and other improvements, shall be constructed in accordance with the approved site plan. Any change or revision to the commercial use by right site plan shall be submitted to the city for review and approval.
(Ord. No. 3023, § 1(23.286), 3-3-2008)
The development shall be inspected upon completion of construction to confirm compliance with the approved site plan. All buildings and other improvements shown on the approved plan shall be complete and in place prior to the use and/or occupancy of the site. If such are not complete and in place at the time that a structure on the site is ready for occupancy, the use and/or occupancy of the site may be permitted by the development services director or designee, provided that the owner enters into a development agreement with the city and submits a performance guarantee to complete the remaining items shown on the approved site plan.
(Ord. No. 3023, § 1(23.287), 3-3-2008)
The developer shall prior to the issuance of a final certificate of occupancy submit to the development services department a revised site plan showing any modifications to the location, size, and/or quantity or addition of any structure, facility, or other item included on the approved site plan. The final complete site plan document shall be submitted in a digital format and on a reproducible material such as Mylar or vellum.
(Ord. No. 3023, § 1(23.288), 3-3-2008)
- COMMERCIAL USE BY RIGHT
No permitted use, improvement or development within a multifamily, commercial, special purpose overlay or industrial zoning district shall commence until a completed application and site plan is filed with the development services department.
(Ord. No. 3023, § 1(23.280), 3-3-2008)
The development services director or designee, may waive the filing of a site plan for a commercial use by right under the following circumstances:
(1)
A change of use or occupancy, provided there is no alteration and/or improvement to any structure on the site and all other provisions of this chapter are met.
(2)
Minor structures and minor improvements.
(Ord. No. 3023, § 1(23.281), 3-3-2008)
The following submittals shall be required at the time of application.
(1)
Completed application on form provided by development services department.
(2)
Completed checklist.
(3)
Full application fee.
(4)
Complete AutoCAD plan drawings for inclusion in GIS system.
(5)
Six sets of the final plan drawing providing accurate representation and explanation of any existing improvements or notable existing manmade or natural features currently existing on, or influencing the subject property:
a.
Title block with name of development, date of preparation, written scale, property address and revision date;
b.
Name and address of property owner/developer and person or entity responsible for preparation of the drawing;
c.
Graphic scale, north point and legend;
d.
Written legal description of the site including the size of the property;
e.
Map showing location of subject proposal in relation to cross streets, schools, parks, other public areas within a one-half-mile area of the subject property;
f.
Statement and signature by the preparer that the plan has, to the best of his knowledge, been designed in accordance with the applicable city ordinances and regulations;
g.
Location, dimensions, and materials of fences and pedestrian ways;
h.
Length of boundaries of the entire tract to the nearest foot;
i.
Existing physiographic characteristics including contour lines at two-foot intervals and significant drainage features on and adjacent to the subject property a minimum of 25 feet beyond the property line, or to a greater distance as may be required to reveal influencing features, or features influenced by the proposed development;
j.
Location, identification and width of existing and proposed public rights-of-way and existing public and private easements on and adjacent to the subject property to a point a minimum of 25 feet beyond the property line, or to a greater distance as may be required to reveal influencing features or features influenced by the proposed development;
k.
Location, orientation, dimension, area, height and general use of existing and proposed buildings and other structures, including dumpster;
l.
Location, arrangement, and dimensions of off-street parking, access drives and loading spaces within a minimum of 25 feet of the subject property;
m.
Written narrative description of the proposed use of the property;
n.
Location, size and orientation of any signs not attached to buildings;
o.
If applicable, location of 100-year floodplain and floodway, with base flood elevation (BFE) noted, as shown on the current effective FEMA flood insurance rate map (FIRM) or as modified by a FEMA approved letter of map revision (LOMR) or letter of map amendment (LOMA);
p.
Location and size of all driveways and curb cuts within the driveway separation requirements set forth in chapter 37 of this Code;
q.
Location of all existing structures within on the subject property and the first encountered edges of all buildings within 25 feet of the property line.
(6)
Public utility plan identifying the location, type, size, whether a public or private utility, and other identifying characteristics of the nearest existing utilities and proposed utility extensions or upgrades, with easements, to serve the project as well as the proposed service lines.
(7)
Contract ready site development construction plans and applicable public improvement plans.
(8)
Final drainage study and plan in compliance with the drainage requirements of section 23-386.
(9)
Final grading plan required in chapter 35.
(10)
Detailed landscape plan in compliance with the landscape requirements of section 23-230(d)(5).
(11)
Water and sanitary sewer impact analysis.
(Ord. No. 3023, § 1(23.282), 3-3-2008; Ord. No. 3221, § 18, 2-21-2013; Ord. No. 3246, § 1, 12-16-2013)
A minor amendment shall be considered for alteration of an approved commercial use by right site plan wherein the total square footage of the new building/development area is less than 50 percent of that which is existing and does not otherwise exceed 7,000 square feet for a single commercial building and/or 15,000 square feet for any commercial building that contains multiple storefronts or multiple uses, and/or 50,000 square feet for an industrial use which does not otherwise increase the height of a building over two stories, or will not cause a significant or notable change in vehicular circulation or impact upon adjoining properties or public streets. The minor amendment shall also be considered for new parking lots or the expansion of existing parking lots. Only that portion of the site being proposed as the minor amendment shall be evaluated.
(Ord. No. 3023, § 1(23.283), 3-3-2008)
The following submittals shall be required a time of application:
(1)
Completed application on form provided by development services department.
(2)
Completed checklist.
(3)
Full application fee.
(4)
Complete AutoCAD plan drawings for inclusion in GIS system.
(5)
Two sets of the approved commercial use by right site plan being amended.
(6)
Four sets of plan drawings providing accurate representation and explanation of any existing improvements or notable existing manmade or natural features currently existing on the subject property:
a.
Title block with name of development, date of preparation, written scale, property address and revision date;
b.
Name and address of property owner or developer and person responsible for preparation of the drawing;
c.
Graphic scale, north point and legend;
d.
Location and length of boundaries of the entire tract to the nearest foot;
e.
Location and identification of existing and proposed public rights-of-way as well as public and private easements;
f.
Location, area, general use of existing and proposed buildings and other structures;
g.
Location of off-street parking, loading spaces and access drives;
h.
Location of existing and proposed utilities, including sewer mains and manholes, water lines, valves and fire hydrants, transformers.
(Ord. No. 3023, § 1(23.284), 3-3-2008)
An application/site plan approved under this article shall expire within two years of the date of any such approval unless a building permit is obtained for the use/improvement/development.
(Ord. No. 3023, § 1(23.285), 3-3-2008; Ord. No. 3051, § 43, 12-15-2008)
Construction of any building or other improvement shall not commence until written notice of approval of the commercial use by right site plan, an earth change permit, and a building permit have been issued. The commercial use by right development, including all buildings and other improvements, shall be constructed in accordance with the approved site plan. Any change or revision to the commercial use by right site plan shall be submitted to the city for review and approval.
(Ord. No. 3023, § 1(23.286), 3-3-2008)
The development shall be inspected upon completion of construction to confirm compliance with the approved site plan. All buildings and other improvements shown on the approved plan shall be complete and in place prior to the use and/or occupancy of the site. If such are not complete and in place at the time that a structure on the site is ready for occupancy, the use and/or occupancy of the site may be permitted by the development services director or designee, provided that the owner enters into a development agreement with the city and submits a performance guarantee to complete the remaining items shown on the approved site plan.
(Ord. No. 3023, § 1(23.287), 3-3-2008)
The developer shall prior to the issuance of a final certificate of occupancy submit to the development services department a revised site plan showing any modifications to the location, size, and/or quantity or addition of any structure, facility, or other item included on the approved site plan. The final complete site plan document shall be submitted in a digital format and on a reproducible material such as Mylar or vellum.
(Ord. No. 3023, § 1(23.288), 3-3-2008)