[CC 1976 App. A §9.01; Ord. No. 2449 §1, 11-14-1988]
A.
It
is recognized by this Chapter that there is a value to the public
in establishing safe and convenient traffic movement to higher density
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 Director or Commission for certain 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, or other development that otherwise requires site
plan approval to ensure compliance with City ordinances.
B.
The site plan is intended to demonstrate to the Director or Planning and Zoning Commission the character and objectives of the proposed development in accordance with Section 400.595 so that the Director or 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.
[CC 1976 App. A §9.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
A.
The
Director of Public Works shall not issue a building permit for the
construction of the following buildings and structures unless a detailed
site plan has been reviewed and approved by the Commission or Director
and such approval is in effect.
1.
A multi-family building containing three (3) or more dwelling units.
2.
More than one (1) multiple-family building on a lot, parcel, or tract
of land, or on a combination of lots under one (1) ownership.
4.
Any building or structure or addition thereto in any commercial or
industrial district with a floor area greater than five hundred (500)
square feet.
5.
More than one (1) building or structure (except a sign, on a lot,
parcel, or tract of land, or combination of lots under one (1) ownership)
in any commercial or industrial district.
6.
Any new parking area or expansion or improvement to an existing parking
area.
7.
Any change in use which requires a greater number of approved parking
spaces than currently exists on the site.
8.
Such other construction, change in use or occupancy, or other change
to the site that in the discretion of the Director reasonably requires
a site plan to ensure that such change will conform to the City's
zoning and development ordinances will be satisfied by such change.
[CC 1976 App. A §9.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-03 §1, 1-27-2003]
A.
Any
persons may file a request for a site plan review by the Commission
or Director by filing with the Planning Department the completed application
upon the forms provided and payment of the review fee. As an integral
part of said application, the applicant shall file at least twenty
(20) copies of a site plan.
B.
The
Director of Public Works upon receipt of such site plan, other necessary
data, and payment of two hundred fifty dollars ($250.00) shall, unless
the plan is subject only to review by the Director as provided herein,
forthwith transmit the copies to the Commission prior to its next
regularly scheduled meeting and the Commission shall undertake a study
of same and shall approve or deny the site plan. Written notice will
be sent to the applicant stating the time and place of review of the
site plan by the Commission.
[CC 1976 App. A §9.04; Ord. No. 2449 §1, 11-14-1988]
A.
Unless
waived for good cause by the Director, every site plan submitted to
the 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 (1)
inch equals twenty (20) feet nor less than one (1) inch equals two
hundred (200) feet, and of such accuracy that the Commission can readily
interpret the plan, and shall include more than one (1) drawing where
required for clarity.
2.
The property shall be identified by lot lines and location, including
dimensions, angles, and size, correlated with the legal description
of said property. The site plan shall be designed and prepared by
a qualified land planner, registered professional architect, engineer
or land surveyor. It shall also include the name and address of the
property owner(s), developer(s), and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural
features such as woodlots, streams, rivers, lakes, drains, existing
man-made features such as buildings, structures, easements, high tension
towers, pipe lines, existing utilities such as water and sewer lines,
etc., excavations, bridges, culverts, and drains and shall identify
adjacent properties within one hundred (100) yards and their existing
uses.
4.
It shall show the existing topography and finished grade line elevations
at two (2) foot contour intervals as well as the proposed finished
floor elevation for all structures.
5.
It shall show the dimensions of the proposed main and accessory buildings,
their relation one to another and to any existing structures to remain
on the site, the height of all buildings and structures and the distance
from all proposed buildings and structures to the nearest adjacent
property line.
6.
It shall show 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 VII.
7.
It shall show 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. 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.
8.
A landscape plan shall be included as part of the site plans submitted.
9.
It shall show architectural elevations of all proposed buildings
and structures, identifying all materials proposed, as well as floor
plans for each.
10.
The locations, height, and intensity of all exterior lighting, including
a graphic and catalog reference describing the proposed standards.
11.
The location, type, and nature of screening proposed for all trash
collection areas.
12.
A proposed stormwater drainage plan, including retention areas, shall
be submitted to the City Engineer for approval. Following the City
Engineer's review, the applicant shall also submit the proposed plan
to MSD for approval by that agency.
13.
Any other information deemed necessary by the Director or Commission.
B.
Note. All plans, architectural drawings, renderings or other
materials or visual aids either submitted to the Director or Planning
and Zoning Commission or presented to the City shall become the property
of the City and part of the permanent record of any decision.
[CC 1976 App. A §9.05; Ord. No. 2449 §1, 11-14-1988]
A.
Simplified Review. Unless the Director deems review by the
Planning and Zoning Commission to be appropriate, a site plan may
be reviewed by and a decision rendered by the Director, subject to
all other applicable requirements, without the requirement for additional
review by the Commission in the following circumstances:
1.
Construction constituting less than one thousand (1,000) square feet
of exterior area of the site;
2.
Alteration of parking design affecting ten percent (10%) or less
of the existing parking space;
3.
Any other change having no significant impact on parking, traffic
or aesthetics where the review is primarily ministerial.
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All other site plans shall be submitted for review and decision
by the Planning and Zoning Commission as otherwise provided in this
Article. The Director shall apply the ordinances of the City and the
review requirements otherwise applicable in reviewing or rendering
a decision in any Simplified Review under this Section. Any site plan
denied under this Simplified Review shall, if the applicant is aggrieved,
be resubmitted for Standard Review as provided herein within ten (10)
days of such denial.
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B.
Standard Review. The site plan shall be submitted with the
application for site plan approval to the Director of Public Works
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 Director of Public Works and shall be reported by him/her to
the Planning and Zoning Commission for its consideration. Upon receiving
the site plan application, and associated documents from the Director
of Public Works, the Planning and Zoning Commission shall complete
its review of the site plan and shall render a decision on the application
either denying, approving, or approving with conditions. The site
plan application, along with the Planning and Zoning Commission's
action and reasoning, shall be forwarded to the City Council as an
informational item, where it shall be its option to either require
a further review and approval of the site plan at the Council level,
or concur with the Commission by taking no further action.
[CC 1976 App. A §9.06; Ord. No. 2449 §1, 11-14-1988]
A.
The
Planning and Zoning Commission shall consider, but not be limited
to, the following factors 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 and/or provision of adequate public facilities to serve
the proposed development (i.e., water, sewerage, streets, etc.)
7.
Conformance of the site development plan with the comprehensive plan
and any other applicable requirements of the Zoning Code.
[CC 1976 App. A §9.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
A.
Unless
the City Council exercises its power of review, or a duly filed protest
is received by the City Clerk, a site plan approval, or an amendment
thereto, shall become effective at the latter of:
1.
The regularly scheduled meeting of the City Council at which the
report of the Planning and Zoning Commission concerning the proposed
site plan approval is received; or
2.
The expiration of the period in which a protest may be filed pursuant to Section 400.620(B). If the City Council exercises its power of review or a protest is filed, a site plan approval shall not become effective until the Council makes its decision with respect to the application.
B.
In
the event that a site plan approval is filed in conjunction with a
change of zoning, the permit shall not become effective until the
date of enactment of the ordinance authorizing the zoning change.
In the event that some additional approval is required by some other
governmental authority or agency, the permit shall not become effective
until that approval is received.
[CC 1976 App. A §9.08; Ord. No. 2449 §1, 11-14-1988]
Upon denial by the Planning and Zoning Commission of an application
for a site plan approval, the Commission shall notify the applicant
of the denial. If no appeal is filed from the denial and if the City
Council does not exercise its power of review, no subsequent application
for a permit with reference to the same property or part thereof concerning
the same site plan shall be filed by any applicant until the expiration
of six (6) months after the denial. No provision herein shall be construed
to prevent the Planning and Zoning Commission or the City Council
from initiating the procedure provided in this Section by a resolution
of intent at any time.
[CC 1976 App. A §9.09; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989]
A.
Appeal By Petitioner From Decision. Upon a decision being
reached by the Planning and Zoning Commission concerning an application
for a site plan approval, the applicant may file an appeal with the
City Council requesting a determination from that body. A notice of
appeal shall be filed within ten (10) days following the Planning
and Zoning Commission's decision, be in writing, filed with the City
Clerk in duplicate, and accompanied by required fee for appeal and
a deposit of five hundred dollars ($500.00) to be applied to the expense
of publication of the required notices, the balance of which, if any,
shall be returned to the applicant. The appeal shall specifically
state how the application as initially filed, or subsequently modified,
meets the applicable criteria set forth in this Chapter.
B.
Protest By Nearby Property Owners To Decision. In case a
protest against such site plan is presented, duly signed, notarized,
and acknowledged by the owners of thirty percent (30%) or more of
the areas of the land (exclusive of streets and alleys) included in
such proposed change, or of the owners of thirty percent (30%) or
more of the land within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distance from the boundaries
of the property to which the site plan refers, such site plan shall
not become effective except upon the favorable vote of the two-thirds
(⅔) of all of the members of the City Council. A notice of
protest must be filed within the ten (10) days following the Planning
and Zoning Commission's decision, be in writing, filed with the City
Clerk, and accompanied by the signatures and addresses of the property
owners opposed to such site plan. The notice of protest shall include
a notarized verification from the person(s) collecting the protestants'
signatures that all signatures are correct and genuine. The protest
shall specifically state how the application, as initially filed or
subsequently modified, fails to meet the criteria set forth in this
Chapter.
C.
City Council Review Of Decision. The City Council may exercise
the power of review of any Planning and Zoning Commission decision
on an application for a site plan approval, or an amendment thereto,
upon motion adopted by a majority vote at the regularly scheduled
meeting of the Council at which the report of the Planning and Zoning
Commission on the application is received.
D.
Public Hearing By The City Council. Before acting on any
appeal the City Council shall set the matter for hearing, following
fifteen (15) days' public notice in a newspaper of general circulation.
All parties in interest and citizens and residents of the City of
Overland shall have the opportunity to be heard at the hearing.
In addition, any other person or persons whom, in the discretion
of the City Council, will be aggrieved by any decision or action with
respect to an appeal or protest may also be heard at the hearing.
E.
City Council Decision. Following the hearing by the City
Council on an appealed application, the City Council may affirm, reverse
or modify, in whole or in part, any determination of the Planning
and Zoning Commission. An affirmative vote of three-fourths (¾)
of the members of the City Council shall be required to reverse or
modify any determination of the Planning and Zoning Commission.
[CC 1976 App. A §9.10; Ord. No. 2449 §1, 11-14-1988]
Prior to the issuance of any building permit, or permit authorizing
the use of the property in question, the property owner shall record
a copy of the approved site plan, including all attached conditions.
The approved site plan, legal description of the property, and out
boundary survey, along with any subsequent amendments, shall be recorded
with the St. Louis County Recorder of Deeds.
[CC 1976 App. A §9.11; Ord. No. 2449 §1, 11-14-1988]
Upon final approval of a site plan the applicant shall file
with the Commission four (4) copies thereof containing all revisions
required as the result of the approval process. The Secretary of the
Commission shall transmit one (1) copy each to the Clerk and Director
of Public Works with the Secretary's signature affixed thereto, certifying
the site plan conforms to the provisions of the Zoning Code as determined
and approved by the Commission.
[CC 1976 App. A §9.12; Ord. No. 2449 §1, 11-14-1988]
The site plan approval shall expire, and be of no effect, one
hundred eighty (180) days after the date of final approval thereof,
unless within such time a building permit for any proposed work authorized
under the said site plan approval has been issued. The site plan approval
shall expire and be of no effect three hundred sixty (360) days after
the date of its issuance, if construction has not begun and been pursued
diligently on the property.
[CC 1976 App. A §9.13; Ord. No. 2449 §1, 11-14-1988]
A site plan may be amended or revised so far as the approved
site plan is concerned, for which the Director of Public Works has
not issued a building permit, or the work authorized under an issued
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.
[CC 1976 App. A §9.14; Ord. No. 2449 §1, 11-14-1988]
As a condition of approval of the site plan, the Commission
may require a deposit by the applicant with the City Clerk in the
form of cash, certified check, or surety bond acceptable to the City
Council, to insure performance of any obligations of the applicant
to make improvements shown upon the detailed site plan. The deposit
shall be in an amount sufficient to insure completion of the improvements
within the time specified by the Commission in accordance with regulations
and standards established by the City Council. The Clerk shall rebate
to the applicant, as the work progresses, amounts of any cash deposits
equal to the ratio of the work completed to the entire improvements
shown upon the detailed site plan as verified by the City Engineer
and authorized by the City Council. In those instances where a site
plan has been approved without a bond requirement, such a bond may
be required by the City at a later date in those instances where occupancy
is necessary prior to all improvements being in place.
[CC 1976 App. A §9.15; Ord. No. 2449 §1, 11-14-1988]
The filing of a site plan shall constitute an agreement by the owner and applicant, successors, and assigns that if the site plan is approved by the Planning and Zoning 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 plan shall have the full force and effect of the Zoning Code. Any violations shall be grounds for the Director of Public Works 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.
