[1-12-2021 by Ord. No. 5119]
A.
Applications and fees.
1.
Forms. Applications required under this Code shall be submitted to
the Director of Public Services. The Director of Public Services is
authorized to modify the application forms and submittal requirements
as deemed necessary in the Director of Public Services' discretion.
2.
Fees. Applications shall be accompanied by a nonrefundable fee established
by the Board of Aldermen. Any application that does not include the
required fee shall be returned to the applicant as incomplete. Fees
shall not be required with applications initiated by the staff, Planning
Commission, or Board of Aldermen.
3.
Eligible applicants. The following are eligible for each particular
application under this Code:
a.
Owner. The record owner of property impacted by the application,
that owner's authorized agent, or owner under contract. In the case
of an application requiring a public hearing, and for the purposes
of the right to appeal or protest, all those receiving mailed notice
shall be considered owners impacted by the application.
b.
Planning Commission. The Planning Commission, acting on its own initiative
according to its bylaws and rules of procedure.
c.
Board of Aldermen. The Board of Aldermen acting on its own initiative
according to its bylaws and rules of procedure.
B.
Application processing cycles. The Director of Public Services shall
establish a more specific processing cycle for each type of application,
which includes:
1.
Dates of regular meetings of review bodies and decisionmakers that
comply with all legal requirements for notice and public meeting deadlines;
2.
Deadlines for receipt of a complete application for consideration
at a particular meeting;
3.
The scheduling of staff reviews, agency reviews, and staff reports
on complete applications; and
4.
The steps and benchmarks in the application process (including required
notice requirements, public meetings, public hearings, decision meetings
and review by other bodies).
C.
Preapplication meeting.
1.
Preapplication meetings may be requested by the Director of Public
Services or the City Planner for any application and shall be required
when indicated in subsections below. Where required, the applicant
shall confer with the Director of Public Services, the City Planner,
and other City officials designated by the Director of Public Services.
The purpose of the preapplication meeting is to discuss the general
nature of the proposal, including:
a.
Classification of the application.
b.
Procedure and submittal requirements for the application.
c.
Criteria for processing and decisions on the application.
d.
Notification requirements, timing and other procedural prerequisites,
or whether any special community outreach may be important.
e.
Planning and infrastructure impacts, including the need for any additional
technical studies or outside agency coordination and review.
f.
The relationship to the Comprehensive Plan, and whether any specific
plans, policies or other design, development or economic development
initiatives impact the application.
g.
Zoning requirements for the property in question and adjacent property.
h.
Opportunities to improve any preliminary design concepts and better
relate project benefits or mitigate impacts to other public or private
investments in the area.
2.
A required preapplication meeting may be waived at the Director of
Public Services' discretion and upon the applicant's request for any
application that is routine in nature and where the above topics can
be addressed by general correspondence.
D.
Staff review. Upon receipt of an application, the Director of Public
Services shall take the following steps:
1.
Notification of incomplete application. If the Director of Public
Services determines that an application is incomplete within, the
Director of Public Services shall notify the applicant of the specific
ways in which the application is deficient within 15 days of submittal,
and no further processing of the application shall occur until the
deficiencies are corrected. If the application is not completed within
30 days of the notice, the incomplete application is deemed rejected.
2.
Scheduling.
a.
The Director of Public Services shall schedule complete applications
for further review according to these regulations.
(1)
Applications that require a public hearing shall be scheduled
for initial review within 60 days of a determination of a complete
application.
(2)
Applications that do not require a hearing but an official public
meeting shall be scheduled for review within 30 days of a determination
of a complete application or the recommendation from another required
review body.
b.
In the event that the next regular meeting of the review body is
beyond these time periods, or the required notice cannot be given
within these time periods, the application shall be scheduled for
the closest available meeting.
3.
Staff report. The Director of Public Services shall prepare a staff
report in light of the appropriate policies, plans and regulations.
The Director of Public Services shall provide a copy of the report
to the review body and to the applicant before the scheduled meeting.
E.
Notice. Notice shall be provided for each application, as necessary,
which shall provide the time, place and general nature and location
of the application. Required notice shall be based on the following
requirements:
1.
Published. Where published notice is required, at least 15 days,
but not more than 30 days prior to the public review, notice shall
be published in a newspaper in general circulation in the City.
2.
Posted. Where posted notice is required, the City shall post notice
on property that is the subject of the application within public view
at least 15 days before the scheduled review. The City will furnish
the sign(s) for posting.
3.
Mailed. Where mailed notice is required, the applicant shall provide
names and addresses of all owners of record within 300 feet of the
boundaries of the property. At the expense of the applicant, the Director
of Public Services shall mail notice of the time, place and nature
of the hearing by mail at least 15 days prior to the public review.
When mailed notices have been properly addressed and deposited in
the mail, failure of a party to receive such notice shall not invalidate
any subsequent action.
F.
Public hearings. Where a public hearing is required, the following
procedures apply:
1.
The hearing shall be conducted and a record of the proceedings shall
be preserved, as the specific review body may prescribe by rule.
2.
Any interested person or party may appear and be heard in person,
by agent, or by attorney.
3.
The review body may request a report on the application from any
government official or agency, or any other person, firm or corporation
with information pertinent to the application. A copy of any requested
report shall be made available to the applicant and interested parties,
and shall be available for review in the office of the City Planner.
4.
A public hearing for which proper notice was given may be continued
to a later date without again complying with the notice requirements
of this chapter, provided that the continuance is set for a specific
date, time and location announced at the original public hearing.
G.
Action by review bodies. Review bodies shall take actions. A review
body may take any action on the application consistent with notice
given or criteria in this chapter, regardless of the presence of the
applicant, including the following (or recommend the following when
the review body is a recommending body):
1.
Approve the application.
2.
Approve the application with conditions or modifications.
3.
Deny the application.
4.
Continue the application to allow further analysis. The continued
application shall not be more than 60 days from the original review
without consent of the applicant. No application shall be continued
more than once by each review body without consent of the applicant.
H.
Appeals. Where a review body is designated as the appellate body,
the following appeal procedures apply:
1.
Appeals shall be filed with the Director of Public Services within
15 days of the decision by the decisionmaking review body.
2.
The following persons and entities shall have standing to appeal
the action of the review body:
3.
The review body designated as the appellate body shall consider the
application as a new matter, and within 60 days of the date that the
appeal was filed may take any action authorized by the decisionmaking
review body. The procedure and required notice shall be the same as
required of the original application.
I.
Technical studies. The Director of Public Services, on behalf of
any public official, department, or agency, the City Planner, the
Planning Commission or the Board of Aldermen may require applicants
for development or permit approval to submit technical studies as
may be necessary to evaluate the application. Technical review by
outside entities with expertise or jurisdiction over some aspects
of the application may be required in place of, in addition to, or
in association with any studies. Examples of technical studies that
may be required include traffic studies, engineering studies, geologic
or hydrologic studies, environmental impact assessments, noise studies,
market studies or economic impacts. The persons or firms preparing
the studies shall be subject to the approval of the Director of Public
Services. The costs of all studies shall be borne by the applicant.
Any application that is determined to require technical studies or
review from entities outside of the City may require special schedules
based on the reasonable time frames to conduct those studies or additional
reviews.
J.
Successive applications. In the event that the review body takes final action to deny an application, the same or a similar application shall not be refiled for one year from the advertised review date. The Director of Public Services, upon petition by the applicant, may permit a refiling of the application no sooner than 180 days after the scheduled review date when it is determined that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant Development Code text amendment has been adopted. There shall be no time limitation on a substantially different application. A decision by the Director of Public Services denying a request to refile an application within may be appealed to the Board of Aldermen as set forth in § 2-31 of this Code.
K.
Power of review.
1.
Where this chapter provides that the Planning Commission sits as
a decisionmaking review body, or as an appellate body, and where no
provision is expressly provided for review by the Board of Aldermen,
the Board of Aldermen shall have the power to review the Planning
Commission's decision.
2.
Not later than forty-eight (48) hours after a decision of the Planning
Commission that is subject to power of review, the City Planner, or
his/her designee, shall notify the Mayor and Board of Aldermen, in
writing or via email, of such decision. Within five days after receipt
of such notice of a decision by the Planning Commission, any member
of the Board of Aldermen or the Mayor may request to exercise power
of review of any Planning Commission decision by notifying the City
Planner or the City Administrator, in writing or via email. If the
City Planner or the City Administrator receives a timely request to
exercise power of review, the Planning Commission's decision shall
be stayed, and the request shall be added to the agenda for the next
meeting of the Board of Aldermen. At this meeting, the Board of Aldermen,
upon motion adopted by a majority of those members of the Board of
Aldermen who are present, may exercise the power of review of such
decision. If a timely request is not received by the City Planner
or the City Administrator, or if, after a timely request, a majority
of those members of the Board of Aldermen who are present do not approve
a request for power of review, the decision of the Planning Commission
shall be final. The City Planner or the City Administrator shall notify
an applicant if a Board member or the Mayor has requested to exercise
power of review. If the City Planner, or his/her designee, fails to
notify the Mayor and Board of Aldermen of a decision by the Planning
Commission, as required by this Subdivision, the Mayor or any member
of the Board of Aldermen may exercise power of review within fourteen
(14) days of the Commission's decision. Such power may be exercised
by the Mayor or member of the Board of Aldermen in the manner set
forth in this Subdivision. Any decision, approval or recommendation
of the Commission shall be stayed and suspended until the Board of
Aldermen has reviewed as set forth herein.
[Amended 4-12-2022 by Ord. No. 5256]
3.
Upon adoption of the motion to exercise the power of review and before
acting on the application, the Board of Aldermen shall set the matter
for hearing at its next regular or special meeting. The Board of Aldermen
shall give written notice of such hearing to the applicant and all
other persons who appeared and spoke in reference to the application
before the Planning Commission.
[Amended 4-12-2022 by Ord. No. 5256]
4.
Board of Aldermen's decision. Following the hearing by the Board
of Aldermen on an application, the Board of Aldermen may, by an affirmative
vote of a majority of the authorized membership of the Board of Aldermen,
affirm, reverse or modify, in whole or in part, any determination
of the Planning Commission.
[1-12-2021 by Ord. No. 5119]
A.
Applicability. Zoning Map and text amendments may be necessary to account for changed conditions in the general area, a change in public policies with respect to future development, or a desire to enable certain types of development that were not contemplated under the provisions of this chapter. The Board of Aldermen shall have the authority to amend, supplement, change, modify, or repeal, by ordinance, the text or Map of this chapter as provided for in this Article III and Article IV in accordance with the provisions of this division.
B.
Application and submission requirements. In addition to the requirements of § 26-8A, applications shall be made in a form acceptable by the City Clerk.
1.
Forms. The application shall be signed by the applicant and shall
state name and address, as well as:
b.
Rezoning. An application for a Zoning Map change shall include:
(1)
A legal description of the property.
(2)
A scaled map of the property, correlated with the legal description,
and clearly showing the property's location.
(3)
The name, address, and phone number of the petitioner.
(4)
The petitioner's interest in the property, and if the petitioner
is not the owner, the name, address, and phone number of the owner(s).
(5)
Date of filing with City Clerk.
(6)
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
(7)
The present and proposed zoning.
2.
Fee. Fees shall be applied according to§ 26-8A2.
3.
Applicants.
b.
Zoning Map amendments (rezoning). An application for a change in
the zoning district designation as described by the official Zoning
Map may be filed in the office of the City Clerk, for consideration
by the Planning Commission and the Board of Aldermen. Such application
may be filed by any entity listed in § 26-8A3 or by the
Mayor, or the Director of Public Services, or by any other appointed
or elected official of the City.
C.
Preapplication meeting. Zoning Map amendments (rezoning) are subject to the requirements of § 26-8C.
E.
Review bodies.
1.
Planning Commission. Each application shall be presented to the Planning Commission for its report and recommendations. The Planning Commission shall consider an application not later than the second regular monthly meeting of the Planning Commission after all required documents are filed The Planning Commission shall hold a hearing in compliance with § 26-8F. The Planning Commission shall recommend approval, conditional approval, or denial of the application and shall file its report and recommendation with the Board of Aldermen.
a.
The Planning Commission may recommend that a petition for a change
of zoning district classification be approved or denied for all or
part of the property described in the petition. The Board of Aldermen
may enact, by ordinance, such a partial granting of a petition for
a change in zoning district classification.
b.
The Planning Commission may recommend and the Board of Aldermen may
enact, by ordinance, a zoning district classification other than that
requested in the petition, provided that the recommendation or ordinance
is for a district classification of the same use type as that requested
by the petitioner. District classification of the same type as referred
to in this section shall include the PD Planned District when a petitioner
proposes a particular use and presents plans at or prior to the public
hearing which are substantially similar to those required by the PD
rezoning procedures respectively.
2.
Review criteria. A Zoning Map or text amendment shall be reviewed
by the Planning Commission and the Board of Aldermen, and consideration
shall be given to the following criteria:
a.
The application is consistent with the Comprehensive Plan and any
official plan or program developed under the guidance of the Comprehensive
Plan, and in particular the relationship of land uses within the proposed
district and the relationship with uses existing or anticipated in
surrounding districts.
b.
The character of the neighborhood, including the design of streets,
civic spaces, and other open spaces; the scale, pattern, and design
of buildings; the zoning of property and compatibility of potential
future uses; and the operation and uses of land and buildings.
c.
The application furthers the intent of the proposed zoning district
and supports that of any abutting zoning districts, and in particular
the building form, site design, and other development patterns and
urban design aspects of the proposed project in furthering the intent.
d.
Compliance of any proposed development with the requirements of the
Development Code, and the intent or design objectives associated with
any specific standards as established by this chapter.
e.
The ability of the City or other government agencies to provide any
services, facilities, or programs that might be required if the application
were approved.
f.
The effect of approval on the condition or value of property in the
City or in the vicinity, including the likelihood of surrounding areas
to be developed in accordance with the Comprehensive Plan.
g.
The consistency of the application with other adopted policies of
the City, including any other relevant implications of the change
beyond any specific proposed project.
h.
The recommendations of the Director of Public Services, the City
Planner, other City professional staff, or other technical reviews
associated with the application.
F.
Protest petition. If a written protest against a proposed Zoning
Map duly signed, notarized, and acknowledged by the owners of more
than 30% or more of the areas of the land (exclusive of streets and
alleys) included in such proposed change, or within an area determined
by lines drawn parallel to and 185 feet distant from the boundaries
of the district or area proposed to be changed or to be affected by
a text change is filed in the office of the City Clerk within 15 days
of the date of the conclusion of the Planning Commission public hearing,
such revision or amendment shall not become effective except by the
favorable vote of two-thirds of all of the members of the Board of
Aldermen.
G.
Board of Aldermen review and action. Before acting upon any application for a text or Map amendment, the Board of Aldermen shall publish in a newspaper of general circulation within the City notice of the meeting at least 15 days but not more than 30 days. The Board of Aldermen may refer the application back to the Planning Commission for additional study before making its final decision. No additional public notice is required to be given. The Board may take any action outlined in § 26-8G. All text amendments and amendments to the Zoning Map, as described herein, shall require a majority vote by the Board of Aldermen.
H.
Withdrawal. Any text or Map amendment request, regardless of its
source of initiation, may be withdrawn from consideration upon receipt
of written notice from the applicant by the Director of Public Services
at any point in the approval process, prior to final action on the
request by the Board of Aldermen.
I.
Effect of decision. Amendments to the text of this chapter or official
Zoning Map (rezoning) shall be approved by the Board of Aldermen in
the form of an ordinance. Approved changes to the official Zoning
Map shall be indicated on said Map by the Director of Public Services
within 30 days following such action.
[1-12-2021 by Ord. No. 5119]
A.
Applicability. The planned development process is intended for development
concepts that require a higher degree of specific planning.
1.
General factors for evaluation. The City staff and Planning Commission
evaluation process will consider the basis for designation of a planned
development zoning on one or more of the following factors:
a.
Complexity of the project.
b.
Relationship of the site to its surroundings.
c.
Challenges presented by site conditions (topography, property configuration,
preservation or protection of environmental elements, etc.).
d.
Ability of the development plan to meet or exceed the purpose, intent
and objectives of this Code through more flexible application of the
standards.
2.
Intention. In addition, the planned development process is intended
to:
B.
A type of zoning. A planned development application is a type of Zoning Map amendment which, if approved by the Board of Aldermen, creates a planned development district. A planned development district is applied to a specific tract of land or may comprise an assemblage of properties under common ownership or legal sale option contract to a single developer in situations where the specific property (properties) involved warrants greater flexibility, control, and density of development than is afforded under the general regulations of the standard zoning districts of Article IV (Zoning Districts and Use Standards), § 26-14 (Zoning districts established), of this chapter. However, it should be noted that these planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood and must meet all of the procedures and requirements of that process, but it also accommodates specific development plan uses and design elements. In the PD District, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated on the preliminary and final development plans.
C.
Objectives and standards for approval. The Board of Aldermen may,
upon proper application and review by the Director of Public Services
and review and approval by the Planning Commission, approve a planned
development for a site of at least 2.5 acres to facilitate the use
of flexible techniques of land development and site design, by providing
relief from existing zoning district requirements designed for conventional
developments, subject to meeting at least two or more of the following
standards and objectives:
1.
Environmental design in the development of land that is of a higher
quality than is possible under the regulations otherwise applicable
to the property.
2.
Diversification in the uses permitted and variation in the relationship
of uses, structures, open space, and height of structures in developments
intended as cohesive, unified projects.
3.
Functional and beneficial uses of open space areas.
4.
Preservation of natural features of a development site.
5.
Creation of a safe and desirable living environment for residential
areas characterized by a unified building and site development program.
6.
Rational and economic development in relation to public services.
7.
Efficient and effective traffic circulation, both within and adjacent
to the development site.
D.
Types of planned development. Existing tracts of land or property assemblies within the City may be designated as one of the types of Planned Development Districts as set forth in Article IV (Zoning Districts and Use Standards), § 26-14 (Zoning districts established), complying with the provisions of this section and subject to the procedures of Article III (Applications and Procedures), §§ 26-8 through 26-9, and other applicable standards and requirements of this chapter. The following types of Planned Development Districts may be created based on the use descriptions as outlined in Article II (Definitions), § 26-7 (Description of uses):
1.
Planned Development-Residential (PD-R): planned developments involving
residential uses only.
2.
Planned Development-Commercial (PD-C): planned developments involving
commercial uses only.
3.
Planned Development-Manufacturing (PD-M): planned developments involving
manufacturing uses only.
4.
Planned Development-Mixed Use (PD-MXD): planned developments involving
a mixture of residential and nonresidential uses.
E.
Process. The planned development process involves at least two steps: the preliminary development plan, and the final development plan. In many cases, land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process and may run concurrently with or following the planned development process. Planned development applications may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in § 26-8, the following requirements are specific to planned development applications:
1.
Preliminary development plan process. A preliminary development plan
is a generalized development plan for the entire area proposed to
be included within a planned development. The purpose of a preliminary
development plan is to allow preliminary review of a proposed planned
development before substantial technical work has been undertaken.
A preliminary development plan shall include a minimum of 2.5 acres.
However, as part of the review and approval process for the preliminary
development plan, this minimum site size may be waived by the Board
of Aldermen upon recommendation by the Planning Commission if the
parcel in question has certain unique characteristics, such as, but
not limited to, significant topographic change, significant trees
or wooded areas, wetlands, floodplain areas, soil conditions, utility
easements, or unusual shape or proportions; or, if it is determined
that the use proposed is desirable or necessary in relationship to
the surrounding neighborhood; or, if the Board of Aldermen should
determine such waiver to be in the general public interest. Additions
to previously approved preliminary development plans may be considered
an amendment to that plan and do not require a minimum size.
a.
Preapplication procedure. Preliminary development plan applications are subject to the requirements of § 26-8C. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development, and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule such a conference.
b.
Application and submission requirements. In addition to the requirements of § 26-8A, applications shall be made in a form acceptable by the City Clerk.
(1)
Forms. The application shall be signed by the applicant and
shall state name and address. An application for a Planned Development
District may be filed in the office of the City Clerk, for consideration
by the Planning Commission and the Board of Aldermen. Such application
may be filed any entity listed in § 26-8A3. An application
together with a complete preliminary development plan, including information
outlined below, shall be considered not later than the second regular
monthly meeting of the Planning Commission after all required documents
are filed.
(2)
Fee. Fees shall be applied according to § 26-8A2.
(3)
Preliminary development plan. A preliminary development plan
shall be submitted with the application for a planned development.
The preliminary development plan shall contain the information as
set forth below. The scale of the drawing or drawings indicating the
information required below shall be reasonably related to the site
size and the complexity of the proposed development, and the scale
shall in no event be smaller than one inch equals 50 feet. The applicant
may be required to provide, at the applicant's expense, additional
clarification and/or further detail of the site plan, as deemed necessary
by the Planning Commission. All drawings shall indicate a project
name, the names of adjoining streets, the applicant's name, a scale,
a North arrow, the date drawn, and title of submission. The plan shall
provide the following information and data:
(a)
Site and landscape plan. One or a series of maps shall be submitted
indicating:
(i)
An out-boundary survey plat and legal description
of the property.
(ii)
The location, size, and height of all existing
and proposed structures on the site.
(iii)
The location and general design (dimensions and
materials) of all driveways, curb cuts, and sidewalks, including connections
to building entrances.
(iv)
The location, area, and number of proposed parking
spaces.
(v)
Existing and proposed grades at an interval of
two feet or less, extended beyond the project site to include adjacent
properties and structures.
(vi)
The location and general type of all existing
trees over six-inch caliper and, in addition, an indication of those
to be preserved.
(vii)
The proposed general use and development of internal
spaces, including all recreational and open space areas, plazas, and
major landscaped areas by function, and the general location and description
of all proposed outdoor furniture (seating, lighting, etc.).
(ix)
The location and details of all retaining walls,
fences (including privacy fences, etc.), and earth berms.
(x)
The description and location of all refuse collection
facilities, including screening to be provided.
(xi)
Provisions for both on- and off-site stormwater
drainage and detention related to the proposed development.
(xii)
Proposed sign locations.
(b)
Site and building sections. Schematic or illustrative sections
shall be drawn to a scale of one inch equals eight feet or larger,
indicating both edge conditions and internal grade changes in relation
to principal variations of internal building levels and site line
relations to adjacent structures.
(c)
Typical elevations. Typical elevations of proposed buildings
shall be drawn to a scale of one inch equals eight feet or larger
or at a reasonable scale.
(d)
Project data.
(i)
Site area (square feet and acres).
(ii)
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.
(iii)
Total dwelling units and floor area distributed
by general type (one-bedroom, two-bedroom, etc.), and total floor
area ratio and residential density distribution.
(iv)
Floor area in nonresidential use by category and
total floor area ratio.
(v)
Calculations of parking spaces and area in relation
to dwelling units and commercial floor area.
(vi)
Base zoning district.
(e)
Signature blocks.
(f)
Project report. A brief project report shall be provided to
include an explanation of the character of the proposed development,
any modifications requested to the base zoning district along with
reasoning for the request, verification of the applicant's ownership
and contractual interest in the subject site, and anticipated development
schedule. At the discretion of the Planning Commission and/or Board
of Aldermen, analyses by qualified technical personnel or consultants
may be required as to the market and financial feasibility, traffic
impact, environmental impact, stormwater and erosion control, etc.,
of the proposed development.
(g)
Phased development. If the planned development is proposed to
be constructed in stages or units during a period extending beyond
a single construction season, a development schedule indicating:
(i)
The approximate dates when construction of the
phases can be expected to begin and end.
(ii)
The order in which the phases of the project will
be built.
(iii)
The minimum area and the approximate location
of common open space and public improvements that will be required
at each stage.
(iv)
If any stage or unit as proposed contains a share
of open space or other public or private recreation or service facility
less than that which its size, number of units, or density would otherwise
require, a statement shall be submitted setting forth what bond, credit,
escrow or other assurance the applicant proposes in order to ensure
that the difference between that which would otherwise be required
and that which the applicant proposes to provide in the instant stage
or unit is ultimately provided.
(v)
Placement of all temporary structures utilized
during construction, i.e., construction offices, siltation control
devices, etc.
c.
Review procedure.
(2)
Planning Commission review. After consideration of the application and staff report, the Planning Commission shall hold a public hearing in accordance with § 26-8F. The Planning Commission shall make a report to the Board of Aldermen considering the criteria of § 26-10C (Objectives and standards for approval) of this article and considering the impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety, and welfare of the City. The findings and recommendation of the Planning Commission shall be transmitted to the Board of Aldermen. If the Planning Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Planning Commission with respect to the preliminary development plan.
d.
Protest petition. If a written protest against a proposed Zoning
Map or text change duly signed, notarized, and acknowledged by the
owners of more than 30% or more of the areas of the land (exclusive
of streets and alleys) included in such proposed change, or within
an area determined by lines drawn parallel to and 185 feet distant
from the boundaries of the district or area proposed to be changed
or to be affected by a text change is filed in the office of the City
Clerk within 15 days of the date of the conclusion of the Board of
Aldermen public hearing, such revision or amendment shall not become
effective except by the favorable vote of two-thirds of all of the
members of the Board of Aldermen.
e.
Board of Aldermen review and action.
(1)
Before acting upon any application for a planned development, the Board of Aldermen shall publish in a newspaper of general circulation within the City notice of the meeting at least 15 days, but not more than 30 days. The Board of Aldermen may refer the application back to the Planning Commission for additional study before making its final decision. No additional public notice is required to be given. The Board may take any action outlined in § 26-8G. Planned developments shall require a majority vote by the Board of Aldermen.
(2)
If the preliminary development plan is approved by the Board
of Aldermen, it shall adopt a resolution approving the preliminary
development plan with conditions as specified therein and authorizing
the preparation of the final development plan. Simultaneously, with
approval of the preliminary plan, the Board of Aldermen shall adopt
an ordinance rezoning the site. Such ordinance shall become effective
upon approval of the final development plan.
2.
Final development plan. Within nine months following approval of
the preliminary development plan, but at least 30 days before the
next regularly scheduled meeting of the Planning Commission, the petitioner
shall submit a final development plan to the Planning Commission for
its review and consideration to determine if the final development
plan is in conformance with the approved preliminary development plan
and with the imposed conditions of approval. The final development
plan shall reflect the entire planned development if it is to be completed
in one phase, or a phase of the planned development if it consists
of more than one phase. In the event that any proposed final development
plan is submitted more than nine months after approval of the preliminary
development plan, the matter shall be referred to the Board of Aldermen
for reconsideration of the preliminary development plan approval.
a.
Final development plan requirements.
(1)
Site and landscape plan. One or a series of maps shall be submitted
indicating:
(a)
All matters shown on the preliminary development plan.
(b)
The existing and proposed contours.
(c)
A landscaping plan meeting the standards and requirements of Article V (Site and Landscaping Design Standards) of this chapter.
(d)
Nature of use, including conditional uses permitted.
(e)
All structures, present and future, specifying location, size,
and architectural elevation, none of which may deviate substantially
from the approved preliminary development plan.
(f)
Sidewalks.
(g)
Parking spaces, including underground parking and traffic aisles.
(h)
Method of disposal of trash and garbage.
(i)
Ingress and egress facilities.
(j)
Parking facilities for visitors.
(k)
Plan for the provision of water and sanitary and stormwater
drainage facilities.
(l)
All easements and dedications.
(m)
Proposed locations of any signs and their type.
(n)
A lighting plan meeting the standards and requirements of § 26-23 (Site lighting) of this chapter.
(o)
All other information which the Planning Commission and the
Board of Aldermen may designate.
b.
Final development plan review procedure.
(1)
An application in compliance with §§ 26-8A1 and
2 by an applicant qualified under § 26-8A3a, along with
a complete final development plan, conforming to the requirements
of § 26-10E2 of this article, shall be considered by the
Planning Commission at a public meeting no sooner than 30 days and
no later than 120 days after the filing of the completed application.
[Amended 9-14-2021 by Ord. No. 5182]
(2)
Staff review. The final development plan shall be reviewed in accordance with § 26-8D. The Director of Public Services shall also coordinate a review of the application by appropriate City departments. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved by staff.
(3)
Following approval of the final development plan, it shall be
recorded at the applicant's expense with the St. Louis County Recorder
of Deeds, and a reproducible Mylar of such recorded plan furnished
to the Director of Public Services. Any bonds, escrows, or letters
of credit required to insure completion of required improvements or
open space indicated on the final development plan shall be filed
with the City prior to the issuance of any building permits.
c.
Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in § 26-8H. Appeal of Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in § 26-8H.
F.
Permitted uses. The listing of permitted uses within each PD District
shall be as follows:
|
District
|
Requirement
|
|---|---|
|
Planned Development - Residential
| |
|
Planned Development - Commercial
| |
|
Planned Development - Manufacturing
| |
|
Planned Development - Mixed Uses
|
G.
Area regulations and performance standards.
1.
The area regulations and performance standards applicable to each
planned development by designated district classification shall be
as follows:
|
District
|
Requirement
|
|---|---|
|
Planned Development - Residential
| |
|
Planned Development - Commercial
| |
|
Planned Development - Manufacturing
| |
|
Planned Development - Mixed Uses
|
The above-referenced sections as applicable to the individual
uses contemplated by the plan
|
2.
Other requirements and standards of this chapter applicable to site
and landscape design, access and parking, sign regulations, environmental
performance standards, floodway/floodplain management, and subdivisions
may also apply as contained in the following articles, depending on
the Planned Development District being proposed:
H.
Modifications.
1.
Subject to the application and review process for the preliminary development plan as previously specified in Subsection E, above, the approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations and such additional requirements as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such exceptions are consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; and further, that no modification of the above-referenced regulations shall be allowed when such proposed modification would result in:
a.
Inadequate or unsafe access to the planned development.
b.
Traffic volumes exceeding the anticipated capacity of the proposed
major street network in the vicinity.
c.
An undue burden on public parks, recreation areas, schools, fire
and police protection and other public facilities which serve or are
proposed to serve the planned development.
d.
A development which will be incompatible with the purposes of this
article and this section.
e.
Detrimental impact on surrounding area, including, but not limited
to visual pollution.
2.
The burden of proof that the criteria above are not being violated
shall rest with the developer and not City staff or the Planning Commission.
I.
Period of validity. A preliminary development plan shall generally
include a period of validity of approval of a final development plan
as follows:
1.
No approval of a final development plan shall be valid for a period
longer than 12 months from the date of approval unless within such
period a building permit is obtained and construction is commenced.
2.
The Board of Aldermen may grant extensions not exceeding six months
each upon written request of the original applicant if the application
submitted is substantially the same as the initially approved application.
However, the Board of Aldermen has the power in such cases to attach
new conditions to approval. At such time as the period of validity
of an approved final development plan lapses, the final development
plan and all uses, terms, and conditions thereof shall be considered
null and void. No further development of the site shall be permitted
except by application in accordance with the procedural requirements
of this section, whereby it shall be considered an entirely new application.
3.
Should a request for extension of an approved final development plan
contain substantial changes, as determined by the Director of Public
Services, the Director of Public Services shall require the applicant
to refile his application subject to the requirements of this section
as if it were an entirely new application.
[1-12-2021 by Ord. No. 5119]
A.
Applicability. A conditional use permit provides an ability for the Board of Aldermen, upon review by the Director of Public Services and review and recommendation of the Planning Commission, to permit additional uses in addition to those permitted by right within a zoning district. Permitted uses and those requiring a conditional use permit are listed in Article IV, § 26-15, Table 26-15 (Table of Permitted and Conditional Uses), and are subject to the general requirements of Article III, § 26-8 (Common procedures for all applications). Conditional uses may be desirable, necessary, or convenient to the community, but which by the varying design and operational characteristics of the use or due to conditions in the area where the use is proposed may represent one or more of the following factors:
1.
Tendency to generate excessive traffic.
2.
Detrimental effect upon the value or potential development of other
properties in the neighborhood resulting from noise, odors, lighting,
or other environmental conditions.
3.
Extraordinary potential for accidents or danger to public health
or safety.
4.
Require a case-specific review to determine the compatibility in
a specific context and location within a particular district.
B.
Application and procedures. Procedures for application, review, and approval of a conditional use permit shall be as provided for in Article III, § 26-8 (Common procedures for all applications), and the following requirements specific to conditional use applications. A conditional use permit may be initiated by an eligible applicant as defined in § 26-8A3.
1.
Application. Application for a conditional use permit for a specific
tract of land shall be addressed to the Planning Commission and shall
be filed with the Director of Public Services. The application shall
be filed on forms prescribed for that purpose and be accompanied by
the following:
a.
Filing fee in an amount established by the Board of Aldermen.
b.
Legal description of the property.
c.
A written description of the proposed use
d.
Additional items may be required, such as:
(1)
Outboundary plat of the property.
(2)
A site plan in conformance with the requirements of Article III, § 26-12 (Major site plan and design review) and/or § 26-13 (Minor site plan), or where in conjunction with a proposed planned development as provided for in Article III, § 26-10 (Planned development), a development plan complying with the requirements of that section;
(3)
Floor plan.
2.
Burden of proof. In presenting any application for a conditional
use permit, the burden of proof shall rest with the applicant to clearly
establish that the proposed conditional use shall meet the following
criteria:
a.
The proposed conditional use complies with all applicable provisions
of these applicable district regulations.
b.
The proposed conditional use at the specified location will contribute
to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not cause substantial injury to
the value of other property in the neighborhood in which it is to
be located.
d.
The location and size of the conditional use, the nature and intensity
of the operation involved in, or conducted in connection with it,
and the location of the site with respect to streets giving access
to it are such that the conditional use will not dominate the immediate
neighborhood so as to prevent development and use of neighboring property
in accordance with the applicable zoning district regulations. In
determining whether the conditional use will so dominate the immediate
neighborhood, consideration shall be given to:
e.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities have
been or will be provided.
g.
The proposed uses are deemed consistent with good planning practice
and are not inconsistent with the goals, objectives, and policies
of the Comprehensive Plan; can be operated in a manner that is not
detrimental to the permitted developments and uses in the district;
can be developed and operated in a manner that is visually compatible
with the permitted uses in the surrounding area; and are deemed essential
or desirable to preserve and promote the public health, safety, and
general welfare of the City.
C.
Preapplication meeting. Conditional use permit applications are subject to the requirements of § 26-8C.
D.
Review procedures.
1.
Staff review. Upon receipt of a completed application, either for a site-specific conditional use request, or one submitted in conjunction with a proposed planned development submitted in conjunction with the provisions of Article III, § 26-10 (Planned development), or a change of zoning request in conjunction with the provisions of Article III, § 26-9 (Zoning Map and text amendments), the Director of Public Services shall institute an administrative review of the application supporting documents by all affected City departments in compliance with § 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.
2.
Planning Commission review. The Commission shall consider an application at a public hearing, subject to the requirements in § 26-8F, not later than the second regular monthly meeting of the Commission after all required documents are filed. Notice of the public hearing shall be in compliance with § 26-8E. The Commission shall recommend approval with specified conditions or denial of the application and shall file its report and recommendation with the Board of Aldermen.
E.
Board of Aldermen public hearing. Before acting upon any application
for a conditional use permit, the Board of Aldermen shall also hold
a hearing thereon after at least 15 days' public notice of such hearing
is published in a newspaper of general circulation within the City.
The Board of Aldermen may refer the application back to the Commission
for additional study before making its final decision. No additional
public notice is required to be given for subsequent or continued
hearings before the Board of Aldermen. The hearing before the Board
of Aldermen shall proceed in the manner provided for contested cases
under Missouri law and, specifically, shall comply with the following
requirements:
1.
A hearing on an application for a conditional use permit shall be
commenced by the City Administrator, or his/her designee, filing a
writing describing the application, the relief sought, and the reasons
for granting such relief. The applicant, or any intervening party,
may file responsive writings or motions.
2.
The City Clerk shall mail notice of the hearing to the applicant,
to all property owners within the City limits whose property lies
within 300 feet of that which has been requested for a conditional
use permit, and additional necessary parties, if any as determined
by the City Clerk, and shall keep a record of all parties receiving
notice. The notice shall consist of the caption and number of the
case, shall state that an application for a conditional use permit
has been filed, the date of filing, a brief statement of the matter,
and the date of the hearing on such application.
3.
Discovery shall be permitted to the extent provided by Section 536.063,
RSMo., et seq., and reasonable time shall be provided for the parties
to conduct discovery. Subpoenas may be issued in the manner provided
by Section 536.077, RSMo.
4.
At the hearing, the rules of evidence described in Section 536.070,
RSMo., shall apply. Evidence shall be taken only on oath or affirmation,
and all proceedings shall be recorded electronically or transcribed.
A copy of the transcript of such a proceeding shall be made available
to any interested person upon the payment of a fee which shall in
no case exceed the reasonable cost of preparation and supply.
5.
The City Administrator, or his/her designee, shall present evidence
to the Board of Aldermen on behalf of the City regarding the application.
The applicant and any intervening party may be represented by counsel,
if desired. Each party shall have the right to call and examine witnesses,
to introduce exhibits, to cross-examine opposing witnesses on any
matter relevant to the issues even though that matter was not the
subject of the direct examination, to impeach any witness regardless
of which party first called him or her to testify, and to rebut the
evidence against him or her. Affidavits may be submitted in the manner
provided by Section 536.070, RSMo. The Mayor shall serve as presiding
officer at all hearings and shall make any ruling required during
the course of such hearing, but shall not vote except in case of a
tie.
6.
After the hearing, the Board of Aldermen shall render a decision
and direct the City Attorney to prepare a written order which shall
be accompanied by findings of fact and conclusions of law. The findings
of fact shall be stated separately from the conclusions of law and
shall include a concise statement of the findings on which the Board
of Aldermen bases its order. Immediately upon deciding upon an application,
the City Clerk shall give written notice of the decision of the Board
of Aldermen by delivering or mailing such notice to each party, or
his attorney of record, and shall, upon request, furnish him with
a copy of the decision, order, and findings of fact and conclusions
of law.
7.
With the exception of the requirements that the hearing be recorded
or transcribed, and for the issuance of findings of fact and conclusions
of law, the City, the applicant, and intervening parties, if any,
may waive any or all procedural formalities set forth above in this
subsection by mutual consent.
8.
Any person who is aggrieved by a final decision regarding an application
for a conditional use permit shall be entitled to judicial review
thereof, as provided in Sections 536.100 to 536.140, RSMo.
F.
Review criteria. The Board of Aldermen shall not approve any conditional
use permit application, or any amendment to an existing conditional
use permit, unless the proposed conditional use is consistent with
the standards herein, and unless the Board determines that the proposed
conditional use will not:
1.
Substantially increase traffic hazards or congestion.
2.
Adversely affect the visual coherence, predominant usage, or development
character of surrounding or adjacent neighborhoods.
3.
Substantially increase fire, health, or any other public safety hazards,
or make difficult access by fire and emergency vehicles.
4.
Adversely affect the general welfare of the community.
5.
Overtax public utilities, services, or other municipal facilities.
6.
Be developed and operated in a manner that is physically and/or visually
incompatible with the permitted uses in the surrounding areas.
7.
Substantially increase stormwater drainage onto other lots.
8.
Create a nuisance.
G.
Aldermanic decision. The applicant shall file with the Director of
Public Services two copies thereof containing all revisions required
as the result of the approval process. Conditional use permits shall
be approved by ordinance, with any conditions for approval set forth
therein. If the Board of Aldermen does not approve an application
for a conditional use permit, the City Attorney shall, after the public
hearing has been concluded, prepare written findings of fact and conclusions
of law, which shall be submitted to the Board of Aldermen for approval
by resolution at a subsequent meeting.
H.
Effect of decision. A conditional use permit becomes effective and
is subject to other requirements and actions as follows:
1.
When effective. The permit shall become effective upon approval by
the Board of Aldermen. In the event that a conditional use permit
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.
2.
Time limit of conditional use permits. Conditional use permits shall
be valid for an unlimited period, unless a lesser period shall be
provided in a particular permit. Prior to the expiration of the time
limit specified in a particular permit, the property owner may request
that the conditional use permit be reviewed by the Board of Aldermen,
which may extend it for an unlimited period or for a specified additional
period of years. If a use permitted by a conditional use permit ceases
for a period of six months, such conditional use permit shall expire,
unless a different period is specified in a particular permit.
3.
Failure to commence construction or operation. Unless otherwise stated
in the conditions of a particular conditional use permit, substantial
work, construction, or, where construction is not required, operation
of the conditional use shall commence within six months of the approval
of the conditional use permit by the Board of Aldermen, unless an
extension is granted as provided herein. Prior to the expiration of
six months, the applicant may request, in writing, an extension from
the City Planner for up to six additional months. The City Planner
may grant such request for good cause shown by the applicant. The
City Planner shall issue a decision within ten days of receipt of
such request, or the request for an extension shall be deemed approved.
If the City Planner denies the request for an extension, the applicant
may, within ten days of the City Planner's decision, appeal the denial
to the Planning Commission, which shall consider such appeal at its
next regular meeting. The Commission may approve a request for an
extension by a majority of the members of the Commission present,
excluding the nonvoting aldermanic representative. The Commission
may place reasonable conditions on approval of a request for an extension.
If the Commission denies the request for an extension, the applicant
may, within ten days of the Commission's decision, appeal the denial
to the Board of Aldermen, which shall consider such appeal at its
next regular meeting. The Board of Aldermen may approve a request
for an extension by a majority of the members present. The Board of
Aldermen may place reasonable conditions on approval of a request
for an extension. The filing of a request for an extension, and the
consideration of any appeals shall stay the termination or expiration
of a conditional use permit issued under this Section. More than one
extension may be granted under this Section. If no appeal is made,
or no extension of time is received or granted, the permit shall immediately
terminate upon expiration of the six-month period.
[Amended 10-26-2021 by Ord. No. 5193]
4.
Revocation of conditional use permit. Upon a finding that an approved
conditional use permit will or has become unsuitable and/or incompatible
in its location as a result of any nuisance or activity generated
by the use, the Board of Aldermen shall have the authority to revoke
the permit after affording the holder of the permit the right to be
heard.
5.
Transferability. All conditional use permits shall be approved for
the originating applicant for a specific location, and may not be
transferred to any other location by that applicant, or be transferred
to any other person, unless an amendment to such conditional use permit
is approved of the Board of Aldermen as set forth in § 26-11H6,
below. Notwithstanding the foregoing, in instances in which the originating
applicant has made substantial investments in reliance upon the conditional
use permit, the City Planner may approve transfer of a permit if the
transferee agrees in writing on a form to be provided to the City
to be bound by all terms of the original permit.
6.
Procedure to amend approved conditional use permit. In order to amend
an existing conditional use permit, the application procedures, required
materials, and approval process shall be the same as for a new permit.
7.
Reapplication. In the event that a conditional use permit is denied
by the Board of Aldermen, a reapplication for the purpose of review
of the same request on the same property, or part thereof, shall not
be accepted by the City until six months following the date of final
action on the original application, unless it can be shown to the
satisfaction of the Planning Commission that substantial new evidence,
not available during review of the original application, will be presented.
[1-12-2021 by Ord. No. 5119]
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; there
is value in encouraging a harmonious relationship of buildings and
uses, both within a site and in relation to adjacent uses; further,
there are benefits to the public in conserving natural resources.
Toward these ends, this section requires site plan review and approval
by the Planning 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.
2.
The site plan is intended to demonstrate character and objectives
of the proposed development in adequate detail for the Planning Commission
to 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.
B.
Applicability. The Director of Public Services shall not issue a
building permit for the construction of the following buildings, structures,
and exterior modifications unless a detailed site plan has been reviewed
and approved and such approval is in effect:
2.
All types of planned development districts provided for in Article III, § 26-10 (Planned development), and permitted and conditional uses as described in Article IV, § 26-14 (Zoning districts established), and as provided for in Article IV, § 26-15 (Districts and uses). Site plan review for planned development districts shall be conducted in accordance with the process, requirements, and provisions specified in Article III, § 26-10.
3.
An application for site plan approval may be filed by an eligible
applicant as defined in § 26-8A3a and payment of the filing
fee as required by § 26-8A2.
C.
Required data. Every site plan submitted for consideration shall
be in accordance with the requirements of this section as follows:
1.
The site plan shall be of a scale not to be greater than one inch
equals 20 feet nor less than one inch equals 200 feet, and of such
accuracy that the plan can be readily interpreted, and shall include
more than one drawing or specific details 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 the property. The site plan shall be designed and prepared by a
qualified land planner, registered professional architect, engineer,
or land surveyor or landscape architect. 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 wooded areas, streams, lakes, and storm drains,
existing man-made features, such as buildings, structures, easements,
high-tension towers, pipelines, excavations, bridges and culverts,
and shall identify adjacent properties within 300 feet, their respective
zoning, 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 each other 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 lands, service parking, and loading zones in conformance with the requirements set forth in Article VI (Access and Parking) of this chapter.
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 is ready for
occupancy.
9.
It shall show architectural elevations of all proposed buildings
and structures, identifying all materials proposed.
11.
The location, type, and nature of screening proposed for all trash
collection areas.
12.
Any other information deemed necessary by the Commission.
13.
All plans, architectural drawings, renderings or other materials
or visual aids either submitted with the application or presented
thereafter shall become the property of the City and part of the permanent
record of any approval.
14.
Proposed sign types and locations.
15.
Building setback lines.
16.
Signature blocks.
17.
Additional materials as requested by staff, including but not limited
to, floor plans.
E.
Review procedures.
1.
Staff review. The site plan shall be submitted with the application for site plan approval to the Director of Public Services who shall institute an administrative review of the application supporting documents by all affected City departments in compliance with § 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.
2.
Upon receiving the site plan application and associated documents,
the Planning Commission shall review same at its next regularly scheduled
meeting. Written notice of the review shall be completed in conformance
with § 26-8E3.
F.
Review criteria. The following factors shall be considered in review
of the site 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 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 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,
etc.).
7.
Conformance of the site plan with the Comprehensive Plan and any
other applicable requirements of this chapter.
G.
Findings and approval. In review and approval of a site plan the Planning Commission shall find that the site plan and associated development is consistent with the standards of § 26-12F, above, and will not:
1.
Substantially increase traffic hazards or congestion;
2.
Adversely affect the character of surrounding commercial uses or
adjacent residential uses or of the neighborhood;
3.
Substantially increase fire hazards or make difficult access by fire
and emergency vehicles;
4.
Adversely affect the general welfare of the community; and
5.
Overtax public utilities.
H.
Administrative adjustments or revisions. Upon review and report by the Director of Public Services, the Planning Commission may grant administrative adjustments during the major site plan review process to provide flexibility where it is clear that an alternative design approach or a minor modification will equally or better meet the intent or design objective of the standard of the review criteria of Subsection F of this section and that the findings of Subsection G of this section are not compromised. Specifically, administrative adjustments apply to:
1.
Altering a building standard, such as the height, setback, or area,
by 5% or less.
2.
Reducing a site design standard, such as a landscape requirement,
parking requirement, or open space dimension, by 10% or less.
3.
Deviating from a design standard by proposing an alternative design
that equally or better meets the intent of the design standard or
any performance criteria associated with the standard.
I.
Effect of decision. Approval of a major site plan shall authorize
the applicant to apply for a building permit, and other applicable
permits subject to the following:
1.
The site plan approval shall expire and be of no effect 180 days
after the date of approval thereof, unless, within such time, a building
permit for any proposed work authorized under the site plan approval
has been issued. The site plan approval shall expire and be of no
effect 365 days after the date of its issuance, if construction has
not begun and been pursued diligently on the property. Upon recommendation
and report of the Director of Public Services, the Planning Commission
may grant an extension for up to one additional year and shall report
any such extension to the Board of Aldermen.
2.
The filing of a site plan shall constitute an agreement by the owner
and applicant, their heirs, successors, and assigns, that if the site
plan is approved by the Board of Aldermen, and permits issued for
the improvement of such property that all 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 Ordinance. Any violations shall be grounds for
the Director of Public Services to issue stop-work orders, withhold
further permits, and take all actions necessary for the enforcement
of the approved site plan.
3.
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, legal description of the property,
out-boundary survey, and all other plan sheets, along with any subsequent
amendments, with the County Recorder of Deeds.
[1-12-2021 by Ord. No. 5119]
A.
Applicability.
1.
The minor site plan process ensures that routine development projects meet the development and design standards of this chapter and all other standards applicable to the property, but requires a less extensive review and approval process. An application for a minor site plan may be filed by an eligible applicant as defined in § 26-8A3a and payment of the filing fee as required by § 26-8A2, and submission of a site plan meeting the requirements of § 26-12 (Major site plan and design review), Subsection C (Required data), of this article as may be applicable. The minor site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites, unless the proposal is subject to review under § 26-12.
a.
Structural alterations to an existing building that do not change
the footprint.
b.
Any expansion of an existing building footprint that is 15% or less.
c.
Any site development component, building footprint increase, or change
of use which expands the existing impervious surface 25% or less.
d.
Any change of permitted use which does not present a significant
change in the ability to comply with access and parking requirements
of this chapter and does not significantly impact traffic conditions
near the site.
e.
Significant exterior design alterations to an existing building that
do not change the footprint, but may include things such as refacing
or changing exterior materials, altering the composition of the facade
by changing patterns of windows and doors, and/or changing architectural
details and ornamentation.
2.
The Director of Public Services may determine that any application
meeting these eligibility criteria represents a significant change
or potential impact on the area, or presents substantial interpretation
questions on the application of development standards, and is not
eligible for the minor site plan process. The Director of Public Services
may determine that such applications must be reviewed through the
full site plan and design review process.
B.
Preapplication meeting. Zoning Map amendments (rezoning) are subject to the requirements of § 26-8C.
C.
Review criteria. A minor site plan shall be reviewed according to
the following criteria:
1.
In general, any site plan in compliance with all requirements of
this Code shall be approved.
2.
The Director of Public Services shall review the application as provided by § 26-8D and shall make a recommendation regarding the application to the Planning Commission, which shall approve or deny the application. In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the Director of Public Services and the Planning Commission shall consider whether:
a.
The site is capable of accommodating the buildings, proposed use,
access and other site design elements required by this Code and will
not negatively impact the function and design of rights-of-way or
adjacent property.
b.
The design and arrangement of buildings and open spaces is consistent
with good planning, landscape design, and site engineering principles
and practices.
c.
The architecture and building design uses quality materials and the
style is appropriate for the context considering the proportion, massing,
and scale of different elements of the building.
d.
The overall design is compatible to the context considering the location
and relationships of other buildings, open spaces, natural features,
or site design elements.
e.
Whether any additional site-specific conditions are necessary to
meet the intent of the zoning district or the intent and design objectives
of any of the applicable development standards.
D.
Effect of decision.
1.
Approval of a minor site plan shall authorize the applicant to apply
for a building permit, and other applicable permits. An approved minor
site plan shall expire and be of no further effect if an application
for a building permit for one or more buildings shown on the site
plan is not filed within one year of the approval. The Director of
Public Services may grant an extension for up to one additional year.
2.
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, legal description of the property,
out-boundary survey, and all other plan sheets, along with any subsequent
amendments, with the County Recorder of Deeds.
