[R.O. 1993 § 400.290; Ord. No. 787 § 1, 7-18-2005]
A. 
In any zoning district, a development plan shall be required for any of the followings uses or circumstances except as provided by State or Federal law:
1. 
Uses requiring development plan approval:
a. 
All new development or construction in any zoning district;
b. 
In conjunction with any petition for the subdivision or re-subdivision of land.
2. 
Additional circumstances requiring development plan approval:
a. 
Any new use or change in use or construction of a building for any primary use in any zoning district;
b. 
Alteration of any structure in the "C-1" or "E-1" Zoning Districts;
c. 
Addition to or alteration of any structure in the "R-1," "R-2," or "R-3" Districts which affects the exterior of the structure.
[R.O. 1993 § 400.295; Ord. No. 787 § 1, 7-18-2005]
A. 
No property subject to the development plan requirement set forth in Section 405.470 above shall be improved in any manner, including, but not limited to, grading, landscaping, clearing or construction, until a final development plan has been approved by the City Board of Aldermen.
B. 
No buildings permit shall issue until a final development plan has been approved by the Board of Aldermen.
[R.O. 1993 § 400.300; Ord. No. 787 § 1, 7-18-2005]
A. 
When Required. A preliminary development plan shall be required for any use or circumstance identified in Section 405.470 above.
B. 
Copies To Be Submitted. The number of copies of the preliminary development plan as required by the Building Commission shall be submitted in support of the application. The preliminary development plan shall be accompanied by all general application requirements and shall bear such professional certifications and seals as the City may require.
C. 
Required Plan Drawings. The following plan drawings shall be submitted with the preliminary development plan application. Each plan drawing shall contain all required information.
1. 
One (1) or more plan drawings of the proposed development that includes the following:
a. 
Proposed location of buildings, other structures and lot arrangements.
b. 
Any land areas within any floodplain or floodway.
c. 
Parking area, drives and walks.
d. 
Screening and buffering areas, open space and other amenities.
e. 
Drainage patterns.
f. 
Public streets, identifying arterials, collectors and local streets, service and loading areas, points of access to public rights-of-way.
g. 
Any existing easements.
h. 
Existing and proposed water, sewer and storm utility systems.
i. 
Sufficient dimensions and grades to indicate relationship between buildings, property lines, parking areas and other elements of the plan.
j. 
Location, massing and pattern of proposed trees and landscaping.
k. 
Preliminary stormwater collection and detention plans showing existing facilities.
l. 
Existing streams and other bodies of water.
m. 
Location, massing and pattern of existing vegetation.
n. 
Significant views within the site.
o. 
Focal points and site amenities, if any.
p. 
Internal and external pedestrian and vehicular access points.
q. 
Physical barriers (such as interstate highways).
r. 
Proposed noise generation sources.
2. 
For any proposed development, certain additional information shall also be provided depicting the proposed development site and the environs within two hundred fifty (250) feet of the boundaries of the proposed development site. This information may be shown on the drawing required in Subsection (C)(1) above or may be depicted on one (1) or more additional plan drawings subject and shall contain the following:
a. 
Any public and/or private streets.
b. 
Street and traffic patterns affecting the site.
c. 
Any drives that exist or that are proposed to the degree that they appear on plans on file with the City.
d. 
Any buildings that exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.
e. 
The location and size of retention basins, detention basins and drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.
f. 
Surroundings uses and adjacent properties.
D. 
Exterior Building Sketches. The application shall include preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as single-family homes or commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
E. 
Landscape Plan. The application shall include a landscape plan in accordance with Chapter 415 of this Code, which shall show all trees to be preserved, trees to be replaced and location of all trees and landscaping to be installed.
F. 
Schedules. A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, land use intensity, hours of operation of the business and other quantities specified in the appropriate zoning district regulations.
G. 
Phases Of Development. Phases of development must be shown on the preliminary development plan, if applicable, if the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permits shall be issued for any phase of development until a firm development plan for that phase is approved in accordance with the provisions of this Title.
H. 
Statement Of Need For Modification From District Regulations. A narrative statement that explains the need for modification of the applicable zoning district regulations, if requested, shall be submitted in support of the application for the preliminary development plan approval.
[R.O. 1993 § 400.310; Ord. No. 787 § 1, 7-18-2005]
A. 
Procedure. Each preliminary development plan shall be submitted to the Planning and Zoning Commission for zoning and architectural review. Following recommendation by the Planning and Zoning Commission, the preliminary development plan shall be submitted to the City Board of Aldermen.
B. 
Criteria For Approval. The proposed development must comply with all applicable provisions of this Title, including zoning district regulations and development standards. If unique characteristics of the site or other factors would require a variance from the district area regulations that apply, then proper appeal shall be made to the Board of Adjustment. If the Planning and Zoning Commission or the Board of Aldermen imposes conditions or restrictions in a preliminary development plan, it may designate specific requirements that must be met before an applicant may submit a final development plan application.
C. 
Other Considerations. The Planning and Zoning Commission and Board of Aldermen may also consider other factors relevant to the particular application, including:
1. 
Satisfaction of the conditions and requirements applicable to the requested use(s) as set forth in this Title.
2. 
The criteria governing the zoning of the property as set forth in the standards and requirements found elsewhere in Code or in other applicable law.
3. 
Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected.
4. 
That an identified community need exists for the proposed use.
5. 
Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment or value of neighboring properties.
6. 
Development incorporates, as approved by the City, adequate ingress and egress and an internal street network that minimizes traffic congestion.
7. 
The capability of the site to accommodate the building, parking and drives with appropriate open space and safe easy ingress and egress.
8. 
The degree of compatibility between the architectural design and quality of the proposed building and the surrounding neighborhood.
9. 
The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.
10. 
Development incorporates standards and principles as may be adopted by the City in its Comprehensive Plan or adopted development regulations.
D. 
Development Plan In Rezoning Ordinance. If the preliminary development plan application was submitted with an application to change the zoning district category, any development plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.
E. 
Modification Of Zoning Map. Any approved preliminary development plan shall be reflected on the Zoning Map as an amendment to the district by designation "P" along with the ordinance number of the approved plan.
F. 
Duration Of Validity. The approved preliminary development plan shall specify the duration of its validity, but in no event shall an approved preliminary development plan be valid for a period longer than twelve (12) months from the date of such approval. The Board of Aldermen may grant one (1) extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary development plan shall not automatically extend the time period during which the preliminary development plan is valid.
[R.O. 1993 § 400.320; Ord. No. 787 § 1, 7-18-2005]
Approval of a development plan is required any time a preliminary development plan is required. No building permit shall be issued for any structure on the property until a final development plan is approved.
[R.O. 1993 § 400.330; Ord. No. 787 § 1, 7-18-2005]
A. 
Number Of Copies. The number of copies of the final development plan as required by the Building Commissioner shall be submitted in support of the application. The final development plan shall be accompanied by all general application requirements.
B. 
Substantial Changes. No substantial changes may be made from the preliminary development plan unless such changes were required by the Planning and Zoning Commission or the Board of Aldermen. In the event that the approved preliminary development plan was substantially altered, a developer must submit an amended preliminary development plan.
C. 
Required Plan Drawings. One (1) or more maps shall be submitted with the final development plan that shows the following. Each map shall contain all map submission requirements and shall bear such professional certifications and seals as the City may require.
1. 
Finished grades or contours for the entire site (five- or two-foot contour intervals may be required by the Administrator, depending on the site).
2. 
All proposed and existing adjacent public street rights-of-way with center line location.
3. 
All proposed and existing adjacent public street and public drive locations, width, curb cuts and radii.
4. 
Location, width and limits of all existing and proposed sidewalks.
5. 
Location, size and radii of all existing and proposed median breaks and turning lanes.
6. 
Distance between all buildings, between buildings and property lines and between all parking area and property lines.
7. 
Location of all required building and parking setbacks.
8. 
Location, dimensions, number of stories and area in square feet of all proposed buildings.
9. 
Area of land on plan in square feet or acres.
10. 
The location of all oil and gas wells on the property.
11. 
Limits, location, size and material to be used in all proposed retaining walls.
12. 
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service area and docks.
13. 
Location, height, intensity and type of outside lighting fixtures for buildings and parking lots.
14. 
Location, size and type of material of all proposed monuments or freestanding signs.
15. 
The location of adjacent developments, alignment and location of public and private driveways and streets, medians and public and semipublic easements.
16. 
Final stormwater collection, detention and erosion control plans.
17. 
Final water and sanitary sewer plans.
D. 
Required Building Elevations. One (1) or more illustrations shall be submitted with the final development plan showing building elevations, including the following:
1. 
Elevations of sides of proposed buildings, including notation indicating building materials to be used on exteriors and roofs.
2. 
Size, location, color and materials of all lighting, signs and/or other fixtures to be attached to building exteriors.
3. 
Location, size and materials to be used in all screening of rooftop or ground-level mechanical equipment, trash and refuse collection areas and loading area.
4. 
Building sections.
E. 
Required Landscape Plan. The final development plan submission shall contain a drawing showing landscaping, tree preservation and planting and buffer yard areas as required by this Title.
F. 
Reduced Copies Of Required Final Development Plan Drawings. One (1) copy of the proposed plan, building elevations and landscaping, tree preservation, screening and planting and buffer yard plans shall be reduced onto eleven-inch by seventeen-inch bond paper.
G. 
Required Evidentiary Information. The following shall be submitted in support of the application for final development plan approval:
1. 
Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to this Section.
2. 
A copy of all covenants and restrictions applicable to the development if required by the terms of the preliminary development plan.
3. 
Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency if required by the terms of the approved preliminary development plan.
4. 
Evidence of satisfaction of any conditions of the preliminary development plan approval that were conditions precedent to consideration of the final development plan.
[R.O. 1993 § 400.340; Ord. No. 787 § 1, 7-18-2005]
A. 
Planning And Zoning Commission Recommendation. The Planning and Zoning Commission shall transmit its recommendation to the Board of Aldermen, which shall approve, approve with conditions or disapprove the final development plan.
B. 
Criteria For Approval. In determining whether to approve an application for a final development plan that contains any changes from the preliminary plan, the Planning and Zoning Commission and Board of Aldermen shall apply the criteria set forth herein, applicable to a preliminary development plan application.
C. 
Conditions Of Approval. If the Planning and Zoning Commission or the Board of Aldermen attaches conditions to the approval of a final development plan, it shall designate specific requirements, if any, that must be met before issuance of a building permit. The Board of Aldermen may delegate to the Building Commissioner the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. Such conditions may arise from a change in circumstances following the original approval, identification of new information or other reasonable factors warranting conditions as necessary to satisfy the approval criteria.
[R.O. 1993 § 400.350; Ord. No. 787 § 1, 7-18-2005]
Final development plan approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within such period a building permit is obtained and substantial construction is commenced and all additional buildings permits necessary to complete the project as approved in the final development plan schedule are obtained in a timely fashion, as determined by the Building Commissioner. The Board of Aldermen may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. An application for extension of a final development plan may be granted if the application is filed before the final development plan expires. Upon granting an extension, the Board of Aldermen has the authority to attach new conditions to the final development plan as it deems appropriate. "Substantial construction," as used in this Section, shall mean completion of at least ten percent (10%) of the construction in terms of the total expected cost of the project for which the permit was issued.
[R.O. 1993 § 400.360; Ord. No. 787 § 1, 7-18-2005]
A. 
A final development plan or a phase thereof shall terminate and be deemed abandoned if:
1. 
The landowner shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within twelve (12) months after receiving final development plan approval, or a longer period of time if an extension of the final plan has been granted by the Board of Aldermen; or
2. 
The landowner abandons the final plan or a phase thereof and notifies the Building Commissioner in writing of the abandonment.
B. 
Whenever a final plan or phase thereof has been abandoned as provided in this Section, no development shall take place on the property until a new final development plan has been approved.