(a)

There is a value to the public in establishing safe and convenient traffic movement to all developments including intensely developed sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this chapter requires site plan review and approval by the planning and zoning commission and the board of aldermen for buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development.

(b)

The site plan is intended to demonstrate to the planning and zoning commission and the board of aldermen the character and objectives of the proposed development in accordance with section 405.820 so that the commission may evaluate the effect the proposed development would have on the community and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the property.

(Code 2006, § 405.370; Code 2008, § 405.370; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

The community development director shall not issue a building permit for the construction of the following buildings and structures unless a site plan has been reviewed and approved by the commission in compliance with these and other applicable standards:

(1)

A multiple-family building containing three or more dwelling units.

(2)

More than one multiple-family building on a lot, parcel or tract of land or on a combination of lots under one ownership.

(3)

A planned development in accordance with the provisions specified in section 405.270.

(4)

Any building or structure or addition thereto in any commercial or industrial district, other than the HD-1 and HD-2 Historic Downtown Zoning Districts, with a floor area greater than 500 square feet. Any building or structure or addition thereto in the HD-1 or HD-2 Historic Downtown Zoning District with a floor area greater than one thousand (1,000) square feet.

(5)

Places of worship.

(6)

Any new parking area or expansion or improvement to an existing parking area in excess of ten spaces.

(7)

Any new facility used for public assembly.

(Code 2006, § 405.375; Code 2008, § 405.375; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3660, § 13, 11-30-2016; Ord. No. 4336, § 4, 11-30-2022)

(a)

Any person may file a request for site plan review by the planning and zoning commission by filing with the community development director a completed application form and payment of the review fee. The applicant shall file seven initial copies of a site plan with the application.

(b)

The community development director upon receipt of the site plan, other necessary data, and payment of the required fee shall review the plan and provide comments to the petitioner, if any, for revision. The petitioner who filed the application shall then provide five copies plus one electronic version of the revised site plans, including one 11-inch by 17-inch reduced copy of plan for distribution to the planning and zoning commission and the board of aldermen prior the next regularly scheduled meeting of the commission. Written notice will be sent to the applicant indicating the application has been received and placed on the next regularly scheduled planning and zoning agenda stating the time and place of review of the site plan by the commission.

(Code 2006, § 405.380; Code 2008, § 405.380; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, §§ 1, 2, 8-24-2011)

Every site plan submitted to the planning and zoning commission shall be in accordance with the requirements of this section.

(1)

The site plan shall be of a scale not to be greater than one inch equals 20 feet nor less than one inch equals 200 feet and of such accuracy that the commission can readily interpret the plan.

(2)

The site plan shall be designed by a qualified professional engineer and shall reflect the name and address of the property owners, developers and designers.

(3)

Site and landscape plans shall include:

a.

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

b.

The scale, north point, boundary dimensions, natural features such as woodlots, streams, rivers, lakes, drains; existing manmade features such as buildings, structures, easements, high tension towers, pipelines, water and sewer utilities, excavations, bridges, culverts and drains; and shall identify adjacent property owners and land use as applicable. If adjacent to a public street, the plan shall indicate the street name and right-of-way width.

c.

A site location map reflecting the generalized location of the subject site within the city.

d.

The dimensions of the proposed main and accessory buildings, their relation one to each other and to existing structures to remain on the site, and the distance proposed from buildings and structures to the nearest adjacent property line.

e.

The existing and proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service islands, service parking and loading zones in conformance with the requirements set forth in article V of this chapter. The plan shall reflect the general design of these elements from both the standpoint of manner of construction as well as the materials proposed. The use of design typical details is required.

f.

The locations, height and intensity of all exterior lighting, including a graphic and catalog reference describing the proposed standards.

g.

The location, type and nature of screening proposed for all trash collection areas.

h.

A landscape plan reflecting:

1.

The location, size and type of all existing trees over six-inch caliper with an indication of those to be removed and those to be retained.

2.

The location, size and type of all proposed and required plant materials, including transition areas, foundation plantings, perimeter landscaping, street trees and parking area screening and landscaping.

i.

The location and structural characteristics and design features of all freestanding walls, retaining walls, fences and berms.

(4)

Topographic and utility plans shall include:

a.

The existing topography and finished grade line elevations at two-foot contour intervals as well as the proposed finished floor elevation for all structures.

b.

Schematic sections, drawn to scale, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and site line relations to adjacent structures. In each case, the vertical scale shall equal the horizontal scale.

c.

The limits of the 100-year floodplain boundary and floodway designation as they may impact the site. Floodplain development approval required as applicable (see section 420.140).

d.

Provisions for both on- and off-site stormwater drainage and detention retention related to the proposed development. Plans, specifications and calculations shall be submitted to the community development director for review and approval.

e.

The location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property and their locations to service the proposed buildings. All necessary utilities (public and private) will be available, functioning and usable at the time any stage of the project or the total project where constructed as a whole is ready for occupancy. Plans, specifications and calculations will be submitted to the community development director for review and approval.

f.

Water and sewer utility extension, if applicable.

g.

It shall include all easements and dedications.

h.

Fire hydrants for fire protection in compliance with the city fire protection district requirements.

(5)

Architectural elevations shall include:

a.

Architectural elevations of all proposed buildings and structures, identifying materials proposed, their height from the finished grade elevation, as well as floor plans.

b.

The location, size, type and lighting of all proposed signs.

(6)

Project data shall include:

a.

The site area in square feet or acres.

b.

The nature of use. For non-residential uses, both gross and leasable floor space by individual use; for residential, the number of dwelling units, by type.

c.

Parking required. As required for each respective use contained in article V of this chapter and parking provided, including compliance with handicapped space standards.

d.

Building coverage in square feet and as a percentage of total site area, building dimensions and access locations.

e.

Existing and proposed zoning, as applicable.

f.

Zoning district setback requirements, height requirement, compliance with project design standards and protective screening standards.

(7)

Additional data. The applicant may be required to provide, at the applicant's expense, additional clarification or further detail as deemed necessary by the planning and zoning commission.

(8)

Presentation materials. All plans, architectural drawings, renderings or other materials or visual aids either submitted to the planning and zoning commission or presented at their meeting shall become the property of the city and part of the permanent record of any decision.

(Code 2006, § 405.385; Code 2008, § 405.385; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

The site plan shall be submitted with the application for site plan approval to the community development director who shall institute an administrative review of the site plan by all affected city departments. The results of this review shall be compiled by the community development director and shall be reported to the planning and zoning commission for its consideration. Upon receiving the site plan application and associated documents from the community development director, the commission shall complete its review of the site plan and shall make a recommendation that shall be forwarded to the board of aldermen for review.

(Code 2006, § 405.390; Code 2008, § 405.390; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

The following factors shall be considered in review of the site development plan:

(1)

The conservation of natural resources on the property proposed for development, including trees and other living vegetation, steep slopes, watercourses, floodplains, soils, air quality, scenic views and historic sites.

(2)

The provision of safe and efficient vehicular and pedestrian transportation both within the development and the community.

(3)

The provision of usable open space to meet the needs of the proposed development.

(4)

The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.

(5)

The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping and architectural design) and the land use within the existing area and projected future development of the area.

(6)

The existence or provision of adequate public facilities to serve the proposed development (i.e., water lines, sewer lines, streets, etc.).

(7)

Conformance of the site development plan with the comprehensive plan and any other applicable requirements of the zoning regulations.

(Code 2006, § 405.395; Code 2008, § 405.395; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

A site plan, or an amendment thereto, shall become effective following review by the planning and zoning commission and approval of the board of aldermen at their regularly scheduled meetings at which the report of the planning and zoning commission concerning the proposed site plan is received. In the event that a site plan is filed in conjunction with a change of zoning, the approval shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that additional approval is required by another governmental authority or agency, the site plan approval shall not become effective until that approval is received.

(Code 2006, § 405.400; Code 2008, § 405.400; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

Upon denial by the planning and zoning commission and board of aldermen of an application for a site plan approval, the commission shall notify the applicant of the denial. A resubmission of the site plan in response to reasons for denial may be reconsidered for approval.

(Code 2006, § 405.405; Code 2008, § 405.405; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

Prior to the issuance of any building permit or permit authorizing the use of the property under consideration, the property authorized for development on the site plan including the legal description of the property shall be recorded with the office of the county recorder of deeds.

(Code 2006, § 405.415; Code 2008, § 405.410; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

Approval of a site plan by the city shall be valid for a period of one year. A one-year extension of the approval may be granted by the board of aldermen upon written application. If a time extension is not granted, the approval shall expire and be of no effect, unless a building permit authorized under the site plan has been issued or construction plans have been approved by the city engineer. The planning department shall endeavor to notify the applicant of the expiration date prior to the expiration of any plan approval, although it is the applicant's obligation to affirmatively seek an extension if one is desired. In case of a site plan being developed by phases, extensions of the period of validity shall be automatic for all phases so long as construction is in progress in any phase and compliant with the approved site plan. At such time as the period of validity of an approved site plan lapses, the property in question may not be developed, constructed or built until a new plan in compliance with this article has been submitted and approved.

(Code 2006, § 405.425; Code 2008, § 405.420; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3001, § 3, 6-24-2009)

A site plan may be amended or revised if the building official has not issued a building permit, or the work authorized under a building permit has not been completed. Such amendment shall be made upon application and in accordance with the procedure provided under this article as if it were a new application. Minor amendments are available for administrative approval if the community development director determines that the requested changes are minor modifications and are not in major conflict with the plan, without further processes. The community development director shall indicate in writing approval of the changes to the applicant. The amended plan shall be retained on the file in the city's planning department and distributed to city departments as necessary.

(Code 2006, § 405.430; Code 2008, § 405.430; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

Upon final approval of the site plan, the applicant shall file a deposit with the community development director on the provided escrow form in an amount to insure performance of any obligations of the applicant to make improvements shown upon the site plan or final development plan or attested to in any accompanying documents.

(1)

Amount. The amount of the deposit shall be established by the community development director and shall be sufficient to insure completion of the improvements within the time period specified by this chapter.

(2)

Legal form. The selected performance guarantee shall be reviewed and approved by the city attorney as to legal form.

(3)

Release of guarantee. The community development director shall refund to the applicant amounts of any deposits equivalent to the ratio of work completed to the entire improvements secured as verified by the community development director. Such refunds shall not exceed 95 percent of the total deposit held. Upon full completion of all improvements secured in conformance with all applicable city standards and specifications, as verified by the community development director, the community development director may release the final five percent.

(Code 2006, § 405.435; Code 2008, § 405.435; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

All applicants who receive final approval of a site plan shall file a completed application with the city's engineering division for grading or site improvement plans for review and approval of established engineering design criteria or standard specifications and construction details, as applicable.

(Code 2008, § 405.437; Ord. No. 3177, § 3, 8-24-2011)

The filing of a site plan shall constitute an agreement by the owner and applicant, successor and assigns that if the site plan is approved by the planning commission, permits issued for the improvement of such property and activities subsequent thereto shall be in conformance with the approved site plan for the property in question. The approved site plans shall have full force and effect of the zoning regulations. Any violations shall be grounds for the building official/community development director to issue stop work orders, withhold further permits and take all actions necessary for the assessment of all penalties and fines as outlined in article XI of this chapter.

(Code 2006, § 405.440; Code 2008, § 405.440; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1200, § 6, 12-22-1993; Ord. No. 1805, § 1, 11-28-2001)