[Ord. No. 1309 §1(33-74), 9-19-1995; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1961, 7-18-2017; Ord. No. 1961, 7-18-2017; Ord. No. 2067, 11-5-2024; Ord. No. 2075, 4-1-2025]
A. Purpose.
1. 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 for certain buildings, structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development.
2. The site plan is intended to demonstrate the character and objectives of the proposed development in adequate detail for the City to evaluate the effect the proposed development would have on the community and to determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the property.
B. Application And Fees.
1. Any person who has an ownership or contractual interest in the subject property may file a request for a site plan review by filing with the Zoning Administrator the completed application upon the forms provided, and payment of the review fee. The application shall be accompanied by a number of copies as may be required by the Administrator.
2. When an application for site plan approval is filed in conjunction with an application for rezoning, the Commission shall submit the conclusions of its review of the site plan, either approval, disapproval or conditional approval, in accordance with this Section, together with its recommendation to the Board of Aldermen for its action on the rezoning.
C. Required Data For Site Plan. Every site plan submitted 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 fifty (50) 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-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 to one 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 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 lands, service parking and loading zones.
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 plan submitted. The plan shall identify all trees on the site over six (6) inches in caliper and denote those to be retained. The plan shall show the appropriate new landscaping.
9. It shall show architectural elevations of all proposed buildings and structures, identifying all materials proposed, as well as floor plans for each.
10. It shall show the locations, heights and intensity of exterior lighting, including a graphic and catalog reference describing the proposed standards.
11. It shall show the location, type and nature of screening proposed for all trash collection areas.
12. It shall show the location of all retaining walls, fences and earth berms as well as a typical architectural elevation reflecting the proposed finished construction.
13. Schematic or illustrative sections shall be drawn to a scale of one (1) inch equals eight (8) feet or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.
14. It shall show the location, dimension and composition of public sidewalks.
15. It shall show the method of handling surface water runoff and its effect on adjacent and/or impacted properties, to include MSD approval.
16. It shall show the type of screening proposed to separate proposed construction from neighboring and/or impacted residential areas.
17. Project Data.
a. Site area (square feet and acres).
b. Allocation of site area by building coverage, parking, loading and driveways and open space areas, including total open space, recreation area, landscaped areas and others.
c. Total dwelling units and floor area distributed generally by type (one-bedroom, two-bedroom, etc.).
d. Floor area in non-residential use by category.
e. Total floor area ratio and residential density distribution.
f. Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
18. Project Report. A brief project report shall be provided to include an explanation of the character of the proposed development, verifications of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Board of Aldermen, analyses by qualified independent technical personnel or consultants chosen by the City may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development, which analyses shall be paid for by the applicant.
19. Any other information deemed necessary by the City.
20. All plans, architectural drawings, renderings or other materials or visual aids either submitted or presented shall become the property of the City and part of the permanent record of any decision.
D. Review Procedures.
1. The site plan shall be submitted with the application for site plan approval to the Zoning Administrator 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 Zoning Administrator 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 Administrator, the Commission shall complete its review of the site plan and shall render a written decision on the application either denying, approving, or approving with conditions within sixty (60) days of completion of review.
2. An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decision of the Planning and Zoning Commission under this Chapter. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified United States mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The Board of Aldermen shall consider the appeal at its next regular meeting, but not sooner than fifteen (15) days following the date of the Commission's decision. The Board may consider the appeal on the record of the prior decision by the Commission or may, at its sole discretion, receive additional evidence in such a manner as it deems appropriate in light of the circumstances. The Board may overrule the Commission's decision only by at least a two-thirds vote of its full membership.
E. Scope Of Review. 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, including emergency vehicles.
3. The provision of sufficient 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 community facilities to serve the proposed development (i.e., water, sewerage, schools, streets, fire protection and ambulance service, etc.).
7. Conformance of the site development plan with the Comprehensive Plan and any other applicable requirements of the Zoning Code.
F. Expiration Of Site Plan Approval. The site plan approval shall expire and be of no effect one hundred eighty (180) days after the date of 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.
G. Revision Of Site Plan. Should an applicant with ownership or contractual interest in any property within an area subject to an approved site plan find that a revision to the approved site plan is necessary, an application in accordance with the procedures provided under this Section shall be submitted as if it were a new application.
H. Site Plan Bond. As a condition of approval of the site plan, the Planning and Zoning Commission may recommend a deposit by the applicant to insure performance of any obligations of the applicant to make improvements shown upon the detailed site plan. The Board of Aldermen shall approve or deny the recommendation at its next regular meeting after the Commission's recommendation. The deposit shall be in an amount sufficient to insure completion of the improvements within the time specified by the Board. The deposit shall be submitted to the City Clerk in the form of cash, certified check or surety bond acceptable to the City. 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.
I. Violations. The approved site plan shall have the full force and effect of the Zoning Code. Any violation shall be grounds for the City Administrator to issue stop-work orders without further permits and take all actions necessary for the assessment of all penalties and fines.
J. Cost Deposit. A processing cost deposit in the amount of one thousand dollars ($1,000.00) may be required to be deposited with the City at the time the application is filed in the City Clerk's office. This deposit is to be used for the purpose of payment for professional and administrative costs incidental to the processing of the application and review of the site plan. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any given plat, according to the process as set out in this Section, shall be paid for out of the said deposited amount. Said costs or expenses incurred by the City shall be determined by the City Clerk. Upon final determination or disposition by the City of any application, any portion of said deposited monies not expended or budgeted for expenditures shall be returned to the applicant within thirty (30) days from said final determination and disposition. Any costs or expenses incurred by the City in excess of the deposited amount shall be paid into the City within thirty (30) days from final determination or disposition by the City. At the time of said final determination or disposition, the City Clerk shall present to the applicant a listing of said costs or expenses, along with a determination of any amount due the City or any amount to be refunded in accordance with this Section. The deposit required herein shall be separate from, and is not intended to include, any building or any other permit fees or any escrow monitoring fees.
K. K. Fee. In addition to the foregoing cost deposit, the applicant shall pay the City a fee of five hundred dollars ($500.00) for review of the application and the site plan for a residential site plan; six hundred dollars ($600.00) for review of the application and the site plan for a commercial site plan; and twelve hundred dollars ($1,200.00) for review of the application and the site plan for a planned development. The applicant for a planned development shall also pay the cost of six hundred dollars ($600.00) for the review of the final application, site plan, and all other necessary documents pertaining to their final development plan.