[R.O. 2009 §410.560; Ord. No. 2040 §9-1, 9-15-2003]
A.
Applicable Zoning Districts. An approved site plan is required
for the development or redevelopment of all parcels of land in the
following zoning districts:
1.
"MR" Multi-Family Residential;
2.
"GC" General Commercial;
3.
"HC" Highway Service Commercial;
4.
"LI" Light Industrial; and
5.
"HI" Heavy Industrial Districts.
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Development proposals in the following overlay districts:
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1.
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Downtown Overlay District;
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2.
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Transitional Multi-Use Overlay District;
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3.
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Corridor Review Overlay District; and
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4.
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Manufactured Home—Residential Design Overlay District.
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The purpose of the site plan review procedures is to enable
the City to consider potential impacts upon the area in the vicinity
of the property, consistency with good planning practice, and to ensure
high standards of site and building design for the general welfare
of the City and its residents.
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B.
Types Of Site Plans.
1.
Site plans shall be divided between major and minor site plans. Major
site plans shall follow the procedures outlined in this Section. A "major site plan" is defined as a plan for the development
of a parcel of land that contains no buildings or for which the existing
buildings are to be removed and a new building or buildings constructed.
In addition, a major site plan shall be required for any development
that is adding more than five thousand (5,000) square feet of new
impermeable surface to a site. A major site plan must be approved
by the Planning Commission.
2.
"Minor site plans" shall be defined as plans for
the expansion, change in use or redevelopment of a site that already
contains a building or buildings and adds less than five thousand
(5,000) square feet of new impermeable surface to a site. A minor
site plan may be approved by the Zoning Administrator if it meets
all of the requirements of the zoning ordinance.
3.
Within this Article, references to site plans include requirements
for both major and minor site plans. Requirements that deal specifically
with major site plans or minor site plans are so indicated.
C.
Major Site Plan Procedure. The procedure for obtaining approval
of a major site plan includes:
D.
Relationship To Other Ordinance Requirements. The requirements, procedures and standards contained in this Article are in addition to the requirements, procedures and standards contained in other Sections of the zoning ordinance which shall remain applicable to the parcel for which the application is filed. In case of conflict between the general provisions and district regulations of the zoning ordinance with provisions of this Article IX, the more restrictive requirement shall control.
[R.O. 2009 §410.570; Ord. No. 2040 §9-2, 9-15-2003]
A.
Application. An applicant shall confer with the Zoning Administrator
or the Administrator's designee to become familiar with the City's
regulations and requirements affecting the district in which the parcel
in question lies and shall obtain copies of all provisions of the
City ordinances pertaining to procedures and requirements for site
plan approval.
1.
An application may be made by the owner or by any person with a contractual
interest in the property. Written consent of the owner shall be required
if the applicant is not the owner. All owners must sign if more than
one (1).
2.
The written application for review and approval of the site plan shall be filed on a form supplied by the Zoning Administrator and shall be accompanied by a site plan as described in Section 410.580. The application shall be signed by the applicant and shall state the name and address of the applicant and of the owner. If the applicant is not the owner, the application shall identify the applicant's specific contractual interest in the property. A fee (as indicated in Appendix A to this Chapter) for reviewing the site plan shall be paid to the City at the time of filing the application.
B.
Review Of Application. Upon receipt of an application completed
in satisfactory form, the Zoning Administrator shall deliver a copy
of the application and accompanying papers including the site plan
to the appropriate City departments—the site plan review team—for
their review and comments on the impact of the proposed development
on health, safety, traffic, public services or facilities and other
relevant considerations, in both the area of the project and other
areas of the City which may be affected. Such comments shall be sent
to the Zoning Administrator and forwarded to the applicant within
twenty-one (21) days of the receipt of the completed application.
1.
Within twenty-one (21) days from the forwarding of comments to the
applicant, the applicant shall advise the Zoning Administrator of
the applicant's desire to revise the application and site plan based
on the City's comments or proceed to a review by the Planning Commission
if the application is for a major site plan. If the applicant opts
to proceed to a review of the major site plan by the Planning Commission,
the application shall be placed on the agenda of the next available
meeting of the Commission. If the applicant opts to revise the major
site plan, the previously outlined review periods will be repeated.
C.
Major Site Plan Approval. The Planning Commission shall
review the major site plan at a regular meeting and the major site
plan shall be approved, disapproved or approved with conditions. In
determining whether to approve, disapprove or approve the major site
plan with conditions, the Planning Commission shall consider:
1.
All relevant information, including the comments of City Officials,
the major site plan's consistency with good planning practices, its
compatibility with adjacent developments and uses and its effect on
the health, safety, morals and general welfare of the residents of
the area in the vicinity of the property subject to the major site
plan and upon the residents of the City generally; and
2.
The likely effect of the major site plan on vehicular or pedestrian
traffic, fire hazards, fire, police and utility services, municipal
expenditures, surface water drainage and control facilities and environmental
aspects.
D.
Minor Site Plan Approval. The Zoning Administrator may approve
a minor site plan if the site plan complies with all requirements
of the City's zoning ordinance. If the Zoning Administrator denies
approval of a minor site plan including the provision of written comments
as to the reason for such denial, the denial may be appealed by the
applicant to the Planning Commission for review. The Planning Commission
shall then approve the minor site plan, approve the minor site plan
with conditions or deny the site plan.
E.
Validity Of A Site Plan. Approval of a site plan shall be
valid for a period of twelve (12) months from the date of approval
by the City. If no building permit is obtained during that period,
the approval shall terminate. The Planning Commission may grant extensions
of time not to exceed twelve (12) months each, upon written request
of the applicant for a substantially similar major site plan provided
that the request is filed prior to the expiration date. The Planning
Commission may attach new conditions when an extension is granted.
If, in the opinion of the Planning Commission, the application contains
substantial changes to the originally approved plan, a new major site
plan review process must occur including the payment of a new application
fee. The same procedure shall be followed by the Zoning Administrator
for minor site plans.
[R.O. 2009 §410.580; Ord. No. 2040 §9-3, 9-15-2003]
A.
Each
application for a conditional use permit shall require the submission
of an accompanying site plan. The site plan shall include, as a minimum,
the following information:
1.
The site plan shall be drawn at a scale of 1" = 50' or larger.
2.
The site plan shall delineate the property lines of the proposed
project and shall indicate the zoning and present use of abutting
properties and the location of the parcel in relation to surrounding
uses, buildings and zoning.
3.
The site plan shall delineate existing rights-of-way and easements.
4.
The site plan shall delineate the general location and width of all
proposed streets and public rights-of-way, such as alleys, pedestrian
ways and easements.
5.
The site plan shall delineate the boundaries, dimensions and area
of the parcel and the proposed building layout with the front, side
and rear building setbacks.
6.
The site plan shall characterize the proposed usage of the building
and description of the proposed use by type, character and intensity.
7.
The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with Article VII.
8.
The site plan shall delineate all points of access and egress, their
general design and width and the location of the parcel in relation
to major thoroughfares and any roadways or drives connecting the parcel
to those major thoroughfares.
9.
The site plan shall indicate the location, dimensions and number
of proposed parking and loading spaces and provide, in tabular form,
the proposed net density of the use requested, the number of seats,
employees or other applicable units of measure necessary to determine
parking requirements, if applicable.
10.
The site plan shall delineate the gross floor area of the building
or structure, the height and number of stories of proposed buildings
and structures and the amount of land area covered by buildings, structures,
drives and parking facilities.
11.
The site plan shall detail the proposed stages of construction for
all land in development and improvements within the proposed district.
12.
A landscape plan, including a detailed drawing to scale and a corresponding
schedule of all plant material to be provided.
13.
The site plan shall depict the location of any refuse collection
facilities and all proposed screening and buffering techniques.
14.
The site plan shall delineate the proposed exterior lighting.
15.
The site plan shall delineate the proposed architectural details
of the facility.
16.
The site plan shall indicate the type, size and location of all signs.
17.
The site plan shall set forth any other information necessary for
determination of the suitability of the proposed use for the site.
18.
The site plan shall show that the measurements from the building
to surrounding structures and property lines comply with this Chapter.
19.
The site plan shall depict the location and size of existing and
proposed utilities including water, storm sewer, sanitary sewer, gas
and electric.
[R.O. 2009 §410.585; Ord. No. 2040 §9-4, 9-15-2003]
All proposed improvements shall be in accordance with the final
improvement standards set forth in the City's Land Subdivision Control
Ordinance. Exceptions to these requirements may be granted subject
to approval by Board. Final site plan approval, including compliance
with the City's Land Subdivision regulations as they apply to the
development, shall be required prior to the authorization of any clearing,
grading or construction permit(s).
[R.O. 2009 §410.590; Ord. No. 2040 §9-5, 9-15-2003]
Buildings, structures, landscaping and other improvements shall
be constructed, installed and maintained in accordance with the site
plan as approved by the City. It shall be the duty of the owner of
the property to maintain such improvements.
[R.O. 2009 §410.600; Ord. No. 2040 §9-6, 9-15-2003]
Project proposals in each "overlay district" listed below subject
to site plan review shall demonstrate compliance with specific standards
in each district. The overlay district regulations apply in addition
to underlying zoning regulations; and in case of conflict, the overlay
district regulations shall guide site plan review and approval. The
site plans must show the extent to which structures, walkways, roads,
signage, driveways, open space (if any), parking lots and related
on-site and off-site improvements are proposed to be planned and made
to achieve the objectives in each of the following overlay districts:
Downtown Overlay District;
Transitional Multi-Use Overlay District;
Corridor Review Overlay District; and
Manufactured Home—Residential Design Overlay District.
[R.O. 2009 §410.610; Ord. No. 2040 §9-6(A), 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The
Downtown Overlay District intends to maintain the downtown character
through an increased emphasis on compatible design and community appearance,
while accommodating sensitive adaptive reuse of Main Street buildings.
The district seeks to ensure that new development maintains the historic
nature of the area, rather than sharp, incompatible changes in land
uses. The site plan shall demonstrate the extent to which the proposal
achieves the objectives of this Article.
1.
Applicable area. As designated in the Comprehensive
Plan Future Land Use Map "Downtown Commercial" area.
[R.O. 2009 §410.620; Ord. No. 2040 §9-6(B), 9-15-2003]
A.
The
site plan shall demonstrate the extent to which the structures, walkways,
roads, driveways, open space (if any) and parking lots in the "Transitional
Multi-Use Overlay District" have been proposed to achieve the following
objectives. The overlay district seeks to maintain the residential
character of the Fairgrounds Avenue corridor where homes are developed
and accommodate limited retail commercial uses.
1.
Applicable area. As designated in the Comprehensive
Plan Future Land Use Map "Transitional Multi-Use Area".
3.
Land use limitations.
a.
Development should be compatible with the surrounding area, including
planned future land uses, and should not limit or adversely affect
the growth and development potential of adjoining lands or the general
area in which it is proposed to be located. Compatibility shall consider,
without limitation, the type and intensity of use.
b.
Development shall be appropriately buffered and screened consistent
with City regulations and by using generally accepted planning principles
and techniques to minimize interference with adjoining properties
and public roadways.
c.
All uses or activities shall be operated in such a manner as to not
be objectionable by reason of noise, odor, dust, glare/light, fumes,
smoke, gas, vibrations or other similar causes which would constitute
a public nuisance.
d.
All uses shall have adequate public facilities, utilities and services,
in accordance with all applicable governmental regulations, prior
to the commencement of operations.
e.
Commercial uses should be sited so that exterior finishes are compatible
with the adjacent use. Outdoor refuse storage areas should be designed
as residential refuse enclosures if adjacent to residences.
[R.O. 2009 §410.630; Ord. No. 2040 §9-6(C), 9-15-2003; Ord. No. 2071 §1, 5-17-2004]
A.
Objectives. The "M-13" Highway Corridor Overlay District
intends to preserve land use order through an increased emphasis on
compatible design and community appearance along the highway entrances
to the City. The district seeks to ensure that new development is
compatible with highway access and best management practices for strip
commercial development. The site plan shall demonstrate the extent
to which the proposal achieves the objectives of this Article.
1.
Applicable area. As designated in the Comprehensive
Plan Future Land Use Map "Corridor Review District" area.
3.
Land use limitations and standards
a.
Site plan review shall be conducted by the Planning Commission.
b.
Corridor review design guidelines in the Comprehensive Plan shall
be applied during site plan review site plans.
c.
The "clustering" of commercial and retail uses should be encouraged
close to intersections of the highway and major streets.
d.
Buildings visible from M-13 Highway shall have either their main
entrance or a principal wall facing the highway. These main entries
or principal walls shall be emphasized by distinct and accented features
scaled and oriented to the highway. Views of building-related elements
such as service areas, parking lots, utilities, building equipment
(e.g., roof-mounted air conditioners), loading docks, trash containers
and storage areas shall not be directly visible from M-13 Highway.
e.
Additions to existing buildings shall adhere to the setback standards
in the underlying zoning requirements, however, building additions
that correct or improve existing non-conforming or substandard conditions
will be allowed.
f.
All commercial, retail and business buildings other than industrially
zoned buildings shall have a setback at least fifty (50) feet from
the nearest M-13 Highway right-of-way line. All multi-family housing
and all industrially zoned buildings shall have a setback at least
one hundred (100) feet from the highway right-of-way.
g.
All non-residential and multi-family housing parking lots shall be
set back at least fifteen (15) feet from the nearest M-13 Highway
right-of-way line and loading areas shall not encroach into any required
yard setback.
h.
Architectural design shall not be monotonous or without variation
or variety and shall create visual interest through the use of different
textures, complementary colors, shadow lines and contrasting shapes.
Walls facing M-13 Highway shall not appear to be the back or rear
side of a building. The use of walls with little detailing, devoid
of windows and/or doors or completely blank is prohibited if facing
onto M-13 Highway. Mirrored or reflective glass on buildings shall
be designed to minimize glare onto M-13 Highway. A coordinated color
palette is required for all developments. No outside storage areas
shall be directly visible from M-13 Highway. Cooperative design/planning
by adjoining property owners shall be addressed, and site plans shall
reflect an understanding of and coordination with existing or proposed
facilities on adjoining properties.
i.
Building facades that are one hundred (100) feet or greater in length
shall incorporate recesses and projections along at least twenty percent
(20%) of the length of the building facade. Windows, awnings, arches
and arcades must total at least sixty percent (60%) of the facade
length abutting any public street.
j.
Overly long horizontal facades shall be articulated with variations
in the building plane and parapet height, materials and colors, entrance
canopies and landscaping. Visual relief for parking lots along the
facade should be achieved horizontally through the use of landscaped
fingers and islands containing trees and shrubs.
k.
New development occurring on Highway 13 between 29th Street south
to State Highway MM shall require an additional ten (10) feet of right-of-way
on each side of Highway 13 for possible future turn lanes and allow
no sidewalks in the right-of-way.
[R.O. 2009 §410.640; Ord. No. 2040 §9-6(D), 9-15-2003]
A.
The
site plan shall demonstrate the extent to which the structures proposed
within the overlay district achieve the following objectives:
1.
Applicable area. As designated in the Comprehensive
Plan Future Land Use Map "Manufactured Home—Residential Design"
area.
3.
Land use limitations and standards.
b.
Manufactured home—residential design structures shall be not
be granted variances from lot and yard requirements of the underlying
district.
c.
Manufactured home—residential design structures shall be allowed
only as infill development on an existing conforming lot of record,
not as a newly platted subdivision.