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Whitesboro City Zoning Code

SITES; COMPLETION

OF BUILDINGS; FEES

§ 154.090 CREATION OF BUILDING SITE.

   (A)   Procedure for creating building site/lot. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:
      (1)   The lot or tract is part of a plat of record and filed in the plat records of the county or counties in which the lot or tract is located.
      (2)   The site plot or tract is all, or part of a site plan officially approved by the City Council in a planned development district after recommendation by the Planning and Zoning Commission.
      (3)   The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of the ordinance from which this chapter derives or prior to annexation to the city, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with either division (A)(1) or (A)(2) above.
      (4)   The plot or tract is a lot of record prior to the effective date of this chapter or prior to annexation to the city, whichever is applicable, and the building official certifies that the plot or tract does not comply with setback and/or lot size requirements but that the plot or tract conforms with the provisions of this chapter, as amended, relative to width of street(s) on which the lot is located, street offsets, easement requirements, drainage and other considerations the building official believes to be relevant to the particular plot or tract. If the building official cannot make such certification, he or she shall refer the case to the Planning and Zoning Commission for consideration and resolution. The building official and Planning and Zoning Commission shall exercise discretion in making decisions in such cases but shall take care to respect the language and spirit of this chapter, as amended.
      (5)   The plot or tract is all, or part of a site plan officially approved by the City Council and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts, or lots must be provided access via a public street or drive.
(Ord. 1249, passed 8- -25)

§ 154.091 SITE PLANS.

   (A)   Site plan approval.
      (1)   Conceptual site plans.
         (a)   Prior to any subdivision of property in any retail district, a conceptual site plan representing the general site assessment of the property shall be approved by the Planning and Zoning Commission.
         (b)   The conceptual site plan shall include all the land that existed in single ownership at the time of initial zoning, or at the time this provision became effective, whichever is later.
         (c)   The conceptual site plan shall include sufficient information to adequately assess the functionality of the proposed subdivision and its impact on surrounding properties and circulation systems. The Director of Development Services may establish—not inconsistent with this chapter—forms and standards with regards to the content, format, and graphics for conceptual site plans including but not limited to:
            1.   Basic mapping details, such as site boundaries and dimensions, site acreage, location map, north arrow, scale, title block, etc.;
            2.   Access to the site and interior site circulation;
            3.    Proposed lot layout; and
            4.   Other items which may negatively impact adjacent property, such as general parking arrangement, delivery truck/dock locations, medians or traffic-control devices, and/or median breaks.
         (d)   The Planning and Zoning Commission shall approve the conceptual site plan, approve the conceptual site plan with conditions, or disapprove the conceptual site plan.
         (e)   Any development or subdivision of the property shall generally be consistent with the conceptual site plan as approved or amended. No plat, building permit, or certificate of occupancy shall be issued for the property unless all construction and development generally conforms to the conceptual site plan.
         (f)   A conceptual site plan shall expire five years after its approval or amendment date if no building permits have been issued for the site or if a building permit has been issued but has subsequently lapsed.
      (2)   Site plans required.
         (a)   Approval of a site plan shall be required for all nonresidential development proposals and for proposals involving the following:
            1.   A specific use permit;
            2.    Multiple-family project;
            3.   Mobile home parks;
            4.   Any development where more than one main building or primary use is proposed on a single lot, building site, or tract; or
            5.   A planned development.
      (3)   Site or development plans for specific use permits and for planned developments shall become a permanent part of the zoning regulations for the proposed development, and any site plan or any significant change to such a site plan previously approved shall be considered as an amendment to this zoning ordinance.
      (4)   Prior to the issuance of any building permit, a site plan drawn to scale shall be submitted for initiation of the review and approval process along with the number of copies deemed necessary by the city to complete the required reviews or memorandums.
   (B)   Content of site plan. The Director of Development Services may establish—not inconsistent with this chapter—forms and standards with regards to the content, format, and graphics for site plans. The proposed site plan shall show information as specified on a form or packet provided by the Planning Department, including:
      (1)   General requirements.
         (a)   Applicant's name, address, and phone number;
         (b)   Development location (include subdivision, lot number, and address);
         (c)   Proposed use or uses (letter of intent required);
         (d)   Zoning district (attach copy of ordinance governing subject property);
         (e)   Lot area (net and gross);
         (f)   Lot coverage;
         (g)   Location of all existing buildings or structures on lot;
         (h)   Building size and total floor area (separated by use);
         (i)   Adjacent land uses and improvements;
         (j)   Location of hazardous chemical storage;
         (k)   Sign locations;
         (l)   Scale: one-inch equals 20 feet, 30 feet or 40 feet;
         (m)   Location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);
         (n)   Easements;
         (o)   Location and type of all existing and proposed screening, including screening of sanitation containers, parking areas, vehicles awaiting repair, open storage, etc.;
         (p)   Location of areas of major tree cover;
         (q)   Required landscape areas; and
         (r)   Additional information as deemed necessary to adequately evaluate the site or development plan.
      (2)   Site circulation and parking.
         (a)   Drive approach dimensions and radii;
         (b)   Delineation and width of internal circulation roadways;
         (c)   Distances between driveways and intersecting streets;
         (d)   Number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;
         (e)   Parking dimensions;
         (f)   Stacking spaces and drive-through lane location;
         (g)   Location of curb stops relative to front of parking stall. Note: Wheel stops are not permitted in lieu of curbs;
         (h)   Handicapped ramps (required at all intersections);
         (i)   Building entrances;
         (j)   Sidewalk dimensions;
         (k)   Fire lanes meeting fire code standards;
         (l)   Delivery truck docks;
         (m)   Sanitation container locations;
         (n)   Medians, islands, barriers, and channelization;
         (o)   Width of adjacent streets, alleys, or other access abutting property;
         (p)   Length, width, and taper of turn bays.
      (3)   Utilities.
         (a)   Existing and proposed water mains (include size and valve locations);
         (b)   Water meter size and location;
         (c)   Existing and proposed sewer mains (include size, manholes and cleanout);
         (d)   Sewer service size (provide cleanout at property line);
         (e)   Existing and proposed utility easements;
         (f)   Existing and proposed fire hydrants (include any nearby off-site hydrants);
         (g)   Existing and proposed fire lines and appurtenances;
         (h)   Location and size of irrigation meters;
         (i)   Location and size of grease and sand traps;
         (j)   Location and size of sampling pits; and
         (k)   Location and type of pretreatment.
      (4)   Drainage.
         (a)   Existing and proposed elevation at critical points;
         (b)   Drainage area map (if site over one acre);
         (c)   On-site collection system;
         (d)   100-year flood elevation (if in flood prone area);
         (e)   Existing and proposed contours at two-foot intervals;
         (f)   Existing and proposed drainage structures (include size and type);
         (g)   Existing and proposed culverts (use six-to-one sloped headwall); and
         (h)   Direction of surface drainage (must be discharged into existing waterway or public right-of-way).
   (C)   Lighting plan. Where site lighting is required or proposed, a lighting plan shall be submitted along with a statement of compliance by a qualified lighting expert, such as an engineer, architect, landscape architect, lighting manufacturer's representative, or lighting contractor.
   (D)   Landscape plan. A conceptual or generalized landscape plan in conformance with the city's landscape regulations shall be submitted with the site plan. A combined site plan/landscape plan may be acceptable if all information required is easily identified.
   (E)   Site plan approval process.
      (1)   The Planning and Zoning Commission shall review the proposed site plan and shall submit to the City Council a recommendation of approval, approval with conditions, or disapproval. Prior to consideration of a site plan, the Planning and Zoning Commission may hold a public hearing, with notice given according to the procedure for a change in a zoning district location or boundary.
      (2)   City Council, Planning and Zoning Commission, and staff consideration shall include paving and layout of streets, alleys and sidewalks, means of ingress and egress, provisions for drainage, parking spaces, protective screening and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.
      (3)   If during the course of considering the site plan, conceptual site plan, or landscape plan, the Planning and Zoning Commission is of the opinion that a proper recommendation cannot be made without additional information, the Planning and Zoning Commission is authorized to request that the applicant submit said information and is further authorized to withhold action on the site plan until the submission of the information for the Planning and Zoning Commission's consideration.
      (4)   A site plan shall expire two years after its approval or amendment date if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed. Expiration shall not apply to site plans submitted for a planned development or specific use permit.
      (5)   Issuance of a building permit will be unlawful if prior to the approval of the site plan by the City Council, Planning and Zoning Commission and/or Planning Division, as appropriate. No building permit shall be issued except in conformity with the approved site plan, including all conditions of approval.
      (6)   During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed.
   (F)   Revision of site plan.
      (1)   In the event that changes to the approved site plan are proposed, the Director of Development Services or designee shall have the authority to require that a substantially conforming site plan or revised site plan be submitted to the city for review and approval.
      (2)   (a)   The city recognizes that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The Director of Development Services or designee shall have the authority to interpret conformance to an approved site plan, provided that such interpretations do not materially affect access, circulation, general building location on the site, or any conditions specifically attached as part of a City Council approval. The Director of Development Services or designee shall only approve minor changes that substantially conform to the approved site plan and with all applicable city regulations.
         (b)   Examples of revisions which may be approved by the Director of Development Services or designee on a substantially conforming site plan, elevations, or landscape plan include:
            1.   Minor building revisions/expansions that do not increase the height of a building and are less than an aggregate total of 1,000 square feet;
            2.   Minor changes in the number of parking spaces (adding, removing, or relocating 20 parking spaces of less), provided that minimum parking requirements are met;
            3.    Adjustments to solid waste container location;
            4.   Minor revisions to approved elevations; and
            5.    Substitution of similar materials on an approved landscape plan.
         (c)   If the proposed revisions exceed staff's approval authority, a revised site plan, revised landscape plan or revised elevations shall be submitted and processed for approval accordingly.
   (G)   Certificate of occupancy.
      (1)   The certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved site plan.
      (2)   Maintenance of property. Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this chapter.
      (3)   Preliminary site plan. For the purpose of assisting in-process planning, a preliminary site plan may be submitted for Planning and Zoning Commission and Planning Division consideration. Such preliminary site plan may contain any or all of the site plan requirements and must be drawn to scale, submitted in adequate quantity and titled "Preliminary Site Plan." The approval of a preliminary site plan will not imply approval of all elements of a site plan. No building permit may be issued based on a preliminary site plan.
(Ord. 1249, passed 8- -25)

§ 154.092 COMPLETION OF BUILDINGS.

   (A)   Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction, or designated use of any building which shall be completed in its entirety within one year from the date of the passage of this chapter, provided such building was authorized by building permit before the passage of this chapter and further provided construction shall have been started within 90 days of the passage of this chapter.
   (B)   Commitments made by the city with reference to construction of public utility buildings and facilities necessary for the anticipated expansion of the city made prior to the passage of this chapter shall be observed.
(Ord. 1249, passed 8- -25)

§ 154.093 SCHEDULE OF FEES, CHARGES, AND EXPENSES.

   (A)   The schedule of fees, charges, and expenses related to administration of this chapter is as set out in the fee schedule in appendix A of this chapter. The schedule shall be posted in the office of the administration official and may be altered or amended only by the City Council.
   (B)   No permit, certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.
(Ord. 1249, passed 8- -25)

§ 154.999 PENALTY FOR VIOLATIONS.

   Any person or corporation violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed $2,000 per day and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of the ordinance to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
(Ord. 1249, passed 8- -25)