A. Purpose. The purpose of the Site Plan process is to establish a procedure for coordinating and verifying improvements to properties. Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for multiple-family and nonresidential development. This process is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, and landscaping.
B. Site Plan Processing. Two different types Site Plans exist, related to SUPs (1 below) and Building Permits (2 below).
1. Site Plan in association with a Specific Use Permit An approved Site Plan is required as part of the Application for a Specific Use Permit.
2. Site Plan in association with a Building Permit Application. An approved Site Plan is required as part of or prior to the Application for a Building Permit for the following development types:
a. Nonresidential Development.
i. All nonresidential development within the City limits, except as provided in D below, require an approved Site Plan.
ii. Parking lot development, reconstruction, or reconfiguration of more than twenty (20) spaces requires an approved Site Plan.
3. Effect. No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City.
C. Approval Process.
1. Site Plan in association with a Specific Use Permit. The approval of a Site Plan related to a rezoning Application requires the following:
a. Review by the Director of Planning,
b. A recommended action by Planning and Zoning Commission for the City Council’s consideration, and
c. Approval by the City Council.
2. Site Plan in association with a Building Permit Application. The approval of a Site Plan related to a Building Permit or construction/development Application requires approval by the Director of Planning. The Director of Planning shall be responsible for ensuring that appropriate internal administrative review has occurred (i.e., Fire Marshal, Building Official, etc.).
3. Site Plan Process Overview. The purpose of the Site Plan process is to:
a. Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;
b. Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;
c. Promote the vision established by the Comprehensive Plan;
d. Ensure adequate public facilities to serve development;
e. Coordinate and document the design of public and private improvements to be constructed;
f. Prevent or mitigate adverse development impacts, including overcrowding and congestion;
g. Aid evaluation and coordination of land subdivision, including the granting of easements, Right-of-Way, development agreements and provision of surety;
h. Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and
i. Promote the public health, safety and welfare.
D. Exempted Development Types. The following types of development are exempted from the requirements of this Site Plans section:
1. Agricultural buildings;
2. Residential dwellings with four (4) or fewer units; and
3. A Temporary Building as permitted by
2.06.05: Use Chart.
E. Submission of Site Plan Applications.
1. Coordinating Official. Applications for approval of plans required by this section, Site Plans must be submitted to the Director of Planning.
2. Calendar of Official Processing Dates. A calendar of official processing dates for items requiring Director of Planning review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this section, Site Plans shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year.
3. Late Application Processing Date. All Applications required by this section, Site Plans filed on a date other than an official processing date shall be processed according to the schedule established by the subsequent official processing date appearing on the calendar after the filing date and after the date of receipt of the Application.
4. Other Regulations for Applications. Applications are also governed by
2.10.01: Applicability, Completeness, and Expiration.
F. Fees, Forms, and Procedures.
1. Schedule of Fees. The fees relating to the Site Plan approval process shall be established by the Fee Schedule.
2. Delinquent Taxes and Noncompliance. No Site Plan shall be approved for properties with delinquent City taxes or other noncompliance issues.
3. Procedures, Forms, and Standards. The Director of Planning shall establish procedures, forms, and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan.
G. Site Plan Application Procedure and Requirements.
1. Site Plan Pre-Application.
a. Before preparing a Site Plan, the Applicant may meet with the Director of Planning to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant. See Subsection 1.04. Pre-Application Meeting.
b. No Application for a permit may be submitted to or accepted for filing with the Director of Planning during the meeting.
2. Site Plan General Application. The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form and Checklist, which shall be created and maintained by the Director of Planning.
3. Site Plan Additional Requirements. The following plans shall be submitted with a Site Plan Application and approval is necessary prior to final authorization for development:
a. Final Plat or Replat,
b. Construction Plans,
c. Traffic Impact Analysis, if applicable,
d. Tree Removal Permit and Tree Preservation Plan, if applicable,
e. Landscape plans,
f. Flood Study, if required, or
g. Other approvals as required by City, State, or Federal codes or laws.
4. Site Plan Standards of Approval. The City Council or Director of Planning, using the review and approval process outlined in B.1 and B.2 above, may approve, conditionally approve, table, or deny a Site Plan based upon the criteria listed below.
a. Compliance with the UDC Zoning Regulations and other applicable regulations and previously approved, valid plans for the property.
b. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely arranged.
c. The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
d. The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.
e. The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
f. Protection and conservation of soils from erosion by wind or water or from excavation or grading.
g. Protection and conservation of water courses and areas subject to flooding.
h. The adequacy of streets, water, drainage, wastewater, storm water facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
i. The design of adjacent public street improvements and Right-of-Way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.
j. The City shall not take action on a Site Plan for property where City taxes are delinquent.
5. Site Plan Effect.
a. Approval of a Site Plan is the City’s authorization to apply for approval of a Building Permit and to receive approval of Construction Plans.
b. During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.
c. Site Plan approval is separate and distinct from other permits and approvals that may be required by the City and other regulatory agencies.
d. Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.
e. Except where authorized by ordinance or development agreement, a Site Plan shall not be used to approve a Zoning Variance to development regulations.
6. Site Plan Lapse.
a. Two (2) Year Effective Period.
i. The approval of a Site Plan shall be effective for a period of two (2) years from the date of filing of the Application with the Director of Planning. At the end of this time, the Site Plan shall expire unless the Applicant demonstrates to the Director of Planning that progress has been made towards completion of the project for which the Site Plan was approved.
ii. Submission and receipt of approval of Construction Plans and Building Permits prior to expiration of the Site Plan shall be evidence of progress towards completion.
iii. However, if Construction Plans and Building Permits have been approved only for a portion of the property or if the progress towards completion is only for a portion of the property or improvements, the Site Plan for the remaining property or improvements shall expire unless otherwise agreed to in a development agreement.
b. Expired Site Plans.
i. For all expired Site Plans, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see G above).
ii. Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.
iii. Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with I below and shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.
H. Revocation of Site Plan Approval. The City may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit.
I. Additional Development, Site Modifications, or Redevelopment. Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the City Council under the regulations, requirements and procedures then in effect.
J. Design Standards and Specifications. The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this UDC:
1. Zoning Regulations;
2. Subdivision Regulations;
3. Fire Code;
4. Engineering Criteria Manual;
5. Any design standards and specifications approved by the City Council following the enactment of this provision; and
6. Building Code.
K. Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial. If the Planning and Zoning Commission has recommended denial of a Site Plan for a Specific Use Permit, a three-fourths (3/4) vote of City Council is required to approve the Application.
