Before a building permit is issued for any use identified as requiring a building permit, a site plan shall be submitted to the planning board for review and approval. Before granting approval, the planning board shall ascertain that all provisions of this section are compiled with and that the proposed location and arrangement of buildings, accesses, parking area, walkways, yards, open areas, and other improvements produce no potential health, safety, or protection hazards, and that the arrangement of buildings and structures will provide convenience for the intended occupants or utilization by the public and will be harmonious with development on adjacent properties.

(A)

Except as set forth below, the building department shall not issue a building permit for construction of any buildings, structures, or uses until a site plan, submitted in accordance with this zoning ordinance, shall have been reviewed and approved and signed by the planning board.

(B)

The following buildings, structures, or uses shall be exempt from the site plan review and procedures.

(1)

Single- or two-family homes under separate ownership on an individual and separate lot for each home, and including accessory uses.

(2)

Interior, accessory, and subordinate buildings requiring no new or additional means of access thereto from adjoining public roads or highways or require additional parking and complying with all zoning ordinance requirements.

(3)

Projects involving the expansion, remodeling, or enlargement of existing buildings which comply with all zoning code requirements and involve no new or additional means of access thereto from adjoining public roads or highways or required additional parking.

(4)

Additional buildings or structures similar to those previously existing upon an individual site complying with all zoning code requirements and requiring no new or additional means of access thereto from adjoining public roads or highways for such purposes, and which do not require any additional parking area to comply with the requirements of article IX [of this zoning ordinance].

(5)

Uses such as on-premises advertising signs except as provided for in article XIII [of this zoning ordinance].

(A)

Preliminary sketches of proposed site and development plans may be submitted for review to the planning board prior to final approval. The purpose of this procedure is to allow discussion between an owner and the planning board to better inform the owner of the acceptability of his proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. The sketch plan shall include, as a minimum, the following information.

(1)

The name and address of the applicant or developer, including the names and addresses of any officer of a corporation or partners of a partnership.

(2)

A legal description of the property.

(3)

Sketch plans drawn to scale showing tentative site and development plans.

(B)

The planning board shall not be bound by a tentative approval if given at this time.

Requests for final site plan review shall be made by filing with the building department the following items.

(A)

A review fee as determined by resolution of the city commission based upon the cost of processing the review. The resolution shall be on file with the city clerk for public information.

(B)

Eight copies of the completed application form for site plan review which shall contain, as a minimum, the following information:

(1)

The name and address of the applicant.

(2)

The legal description of the subject parcel of land.

(3)

The area of the subject parcel of land stated in acres, or if less than one acre, in square feet.

(4)

The present zoning classification of the subject parcel and abutting parcels.

(5)

A description of the proposed development.

(C)

Twenty single-page site plans and four full sets of site development plans including topography, water, sewer, electric, gas, etc. with engineers seal affixed shall be submitted. All plans may be submitted at the same time, however, four sealed sets and five one-page site plans should be submitted not less than ten days prior to the schedule meeting at which the planning board. is scheduled to take action. Plans shall include the following information:

(1)

The plan shall be drawn to an appropriate scale of not smaller in size than one inch equals 20 feet for a development of not more than three acres, and a scale of not smaller in size than one inch equals to 100 feet for a development in excess of three acres.

(2)

The plan shall show an appropriate descriptive legend, north arrow, scale, date of preparation, and the name and address of the individual or firm preparing the plan.

(3)

The property shall be identified by lot lines and general location together with dimensions, angles, and size correlated with the legal description of the property.

(4)

The topography of the site with at least two-foot contour intervals and all natural features such as wood lots, streams, rivers, lakes, wetlands, unstable soils, and similar features shall be shown, as required by the city engineer.

(5)

Existing manmade features upon the site within 100 feet of the ownership site boundary shall be identified and located.

(6)

The location, proposed finished floor and grade line elevations, the size of proposed main and accessory buildings, the relationship of buildings to one another and to any existing structures on the site, and the height of all buildings and square footage of floor space therein shall be indicated. Site plans for multiple-family residential development shall also include a density schedule showing the number of dwelling units per net acres, including a dwelling schedule showing the unit type (one bedroom, two bedrooms, etc.) and number of each unit.

(7)

All proposed and existing streets, driveways, sidewalks, and other vehicle or pedestrian circulation features upon and adjacent to the site shall be shown, together with the location, size, and number of parking areas, service lanes thereto, and service parking and delivery or loading areas. Wheel stops are required. Sidewalks are required which meet ADA access, for inter site access, as well as public access across the property along all road frontage. Interconnection of parking lots between business properties is encouraged.

(8)

The location, use, and size of open spaces together with landscaping, screening, fences, walls, and proposed alterations of topography or other natural features shall be indicated.

(9)

The proposed operations on the site shall be described in sufficient detail to indicated the effect, if any, upon adjoining lands and occupants, together with any special features which are proposed to relieve any adverse effects to adjoining land and occupants. Any potential demands for future community service will also be described, together with any special features which will assist in satisfying these demands. The colors, materials, textures of all buildings, walls, roofs, fences, and signage and other items of installation on the site shall be explained in sufficient detail to allow review.

(10)

Any earth-change plans required by state law shall also be submitted with the application.

(11)

On-site lighting, electric service and meter location, surface water drainage for the site, and proposed locations for sanitary sewage disposal and water supply shown on the site plans.

(12)

The site plan shall include any other information as may be determined to be necessary by the planning board because of any peculiar features of the proposed development.

(A)

The building department shall record the date of the receipt of the application and plans, and shall transmit copies thereof to the chairman of the planning board, the city building department, the zoning administrator, the electrical department, the city engineer, the police chief and fire chief, and copies to the other affected city departments.

(B)

A hearing shall be scheduled for a review of the application and plans as well as reviewing the recommendations of the city engineer, the building department and the police chief and fire chief. Members of the planning board shall be delivered copies of the application and plans prior to the hearing for their information and study, the hearing shall be scheduled within not more than 30 days following the date of the receipt of the plans and application by the building department.

(C)

The applicant shall be notified of the date, time and place of the hearing on his application not less than three days prior to the date.

(D)

Following the hearing, the planning board shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this section and the criteria contained herein. In those instances where modification is required the planning board may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the modifications have been included in the proposed plans for the applicant.

(E)

Two copies of the approved final site plan, including any required modifications or alterations, shall be maintained as part of the city records for future review and enforcement. One copy shall be returned to the applicant. Each copy shall be signed and dated by the chairman of the planning board for identification of the finally approved plans, as well as signed and dated by the applicant. If any variances from the zoning ordinance have been obtained from the zoning board of appeals, the minutes concerning the variances duly signed shall also be filed with the city records as a part of the site plan and delivered to the applicant for his information and direction. The site plan shall become part of the record of approval, arid subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this section receives the mutual agreement of the applicant and the planning board.

In reviewing the application and site plan and approving, disapproving, or modifying the plan, the planning board shall be governed by the following standards:

(A)

There is a proper relationship between the existing streets and highways within the vicinity and proposed acceleration and/or deceleration lanes, service drives, entrance and exit driveways, and parking areas to insure the safety and convenience of pedestrian and vehicular traffic.

(B)

The buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties.

(C)

As many natural features of the landscape shall be retained as possible where they furnish a barrier screen, or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.

(D)

Any adverse effects of the proposed development and activities emanating therefrom which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback, and location of buildings, structures, and entryways.

(E)

The layout of buildings and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood.

(F)

The site plan must comply with all provisions of the zoning code. However, this would not preclude the applicant from applying for an appropriate variance with the zoning board of appeals.

(A)

Revocation of site plan approval. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which has received the approval of the planning board, If construction and development does [do] not conform with the approved plan, the approval of the site plan shall be revoked by the building department by written notice of the revocation posted upon the premises involved and mailed to the owner at his last known address. Upon revocation of this approval, all construction activities shall cease upon the site until the time the violation has been corrected or the planning board has, upon proper application of the owner and after hearing, approved a modification in the site plan.

(B)

Criteria for commencing construction. Approval of the site plan shall be valid for a period of one year. If a building pen-nit has not been obtained and on-site development actually commenced within one year, the site plan approval shall become void and a new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.

A proposed amendment, modification, or alteration to a previously approved site plan may be submitted to the planning board for review in the same manner as the original application was submitted or reviewed.

The planning board shall have the right and authority to require the developer to file with the building department at the time of application for a building permit, a performance agreement in a form approved by the building department to ensure the development of the site in accordance with the approved site plan, conditioned upon the proper construction and development. This agreement shall continue for the duration of the construction and development of the site.