[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The Master Plan procedure is optional and provides a mechanism
for review of large or complex development projects and provides the
ability to obtain preliminary approval of a development concept before
substantial technical work has been undertaken.
B.
Applicability.
1.
This Section applies to all applications for Master Plan approval.
Master Plan approval is not required; however, an application may
be submitted if at least one of the following criteria is met:
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
6.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070 and the criteria listed in Subsection (C)(6)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(6)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria. A Master Plan shall be reviewed
according to the following:
(1)
The Master Plan is consistent with the general
purpose and intent of this Code;
(2)
The proposed land uses, densities and intensities
are consistent with the Comprehensive Plan and applicable zoning districts;
(3)
The existing utilities and infrastructure, including
but not limited to streets, water, sanitary and storm sewers, have
adequate capacity to serve the proposed development, and any burdens
on those systems have been mitigated to the degree practicable;
(4)
The proposed development is consistent with the
dimensional, design, development, and all other standards of this
Code; and
(5)
The proposed development provides adequate mitigation
for anticipated adverse impacts to surrounding neighborhoods and the
City.
7.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Effect Of Approval.
(a)
Approval of a Master Plan constitutes acceptance of the overall planning concepts and development parameters and authorizes the subsequent submittal of applications for preliminary plats (Section 405.120), site plans (Section 405.160), and special use permits (Section 405.170). It does not authorize specific development activity.
(b)
All subsequent site
plans and preliminary plats shall only be approved if they are consistent
with the approved Master Plan. Applications for preliminary plats
or site plans which deviate from the approved Master Plan may be approved
without amending the approved Master Plan if the Community Development
Director determines that the proposed development:
i.
Does not increase residential density;
ii.
Does not increase nonresidential floor area;
iii.
Does not increase the amount of land devoted to
nonresidential uses;
iv.
Is consistent with the Comprehensive Plan;
v.
Complies with all applicable standards of this Code;
vi.
Complies with all applicable original conditions
of approval; and
vii.
Would not result in significant change to the
development's general function, form, intensity, character, demand
on public facilities, and impact on adjacent properties.
(2)
Expiration Of Approval. An approved
Master Plan shall expire two (2) years after the date of final approval
unless:
(b)
A preliminary plat (Section 405.120) or site plan (Section 405.160) for all or part of the approved Master Plan is approved.
i.
Within one (1) year of approval of a preliminary plat or site
plan for the first phase of the development, an application for preliminary
plat or site plan must be approved for the next phase, continuing
with each successive phase, until preliminary plats or site plans
have been approved for all the land subject to the original Master
Plan.
ii.
If the applicant fails to receive approval for a preliminary plat or site plan for any phase of the development within the prescribed period, or within any extension granted pursuant to Section 405.080, the original Master Plan shall expire for that phase and for all other phases for which a preliminary plat or site plan has not been approved or no longer remains in effect on the date of expiration.
iii.
If an approved preliminary plat or site plan expires,
the Master Plan for that phase shall also expire, and all other phases
for which a preliminary plat or site plan has not been approved or
is not pending approval, or has lapsed subsequent to approval, on
the date of expiration.
(3)
Amendments.
(a)
Minor amendments to
an approved Master Plan may be approved by the Community Development
Director, provided that the Director determines that the following
criteria have been met:
i.
Does not increase residential density;
ii.
Does not increase nonresidential floor area;
iii.
Does not increase the amount of land devoted to
nonresidential uses;
iv.
Is consistent with the Comprehensive Plan;
v.
Complies with all applicable standards of this Code;
vi.
Complies with all applicable original conditions
of approval; and
vii.
Would not result in significant change to the
development's general function, form, intensity, character, demand
on public facilities, and impact on adjacent properties.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The site plan procedure describes the process by which proposed
development is reviewed for compliance with the development and design
standards of this Code before submittal of an application for improvement
plan or issuance of a building permit.
B.
Applicability.
1.
This Section shall apply to the following activities and any
activity where it is expressly required or authorized by this Code:
a.
Major Site Plan. Approval of a major site plan
is required for the following activities:
(1)
The construction of one (1) or more new principal
structures with a gross floor area of ten thousand (10,000) square
feet or more in aggregate.
(2)
A building addition to one (1) or more existing
principal structures where the gross floor area added is ten thousand
(10,000) square feet or more in aggregate.
(3)
The installation or addition of ten thousand (10,000)
square feet or more in aggregate of impervious coverage.
b.
Minor Site Plan. Approval of a minor site plan
is required for the following activities:
(1)
The construction of one (1) or more new principal
structures with a gross floor area greater than one thousand (1,000)
square feet and less than ten thousand (10,000) square feet.
(2)
A building addition to one (1) or more existing
principal structures where the gross floor area added is greater than
one thousand (1,000) square feet and less than ten thousand (10,000)
square feet.
(3)
The installation or addition of more than one thousand
(1,000) square feet but less than ten thousand (10,000) square feet
of impervious coverage.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsections (C) through (F). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Minor Site Plan Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
5.
Review and Decision-Making Bodies.
a.
Planning And Zoning Commission Review and Decision. The Planning and Zoning Commission shall review the application and act to approve or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (E). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
D.
Major Site Plan Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
6.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070 and the criteria listed in Subsection (E). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (E). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
E.
Review Criteria. A site plan shall be reviewed according
to the following criteria:
1.
The development is consistent with the general purposes and
intent of this Code;
2.
The development complies with the applicable zoning district standards; Chapter 425, Development Standards, Chapter 430, Subdivision and Improvement Standards; the City's
Engineering Standards, including the Engineering and Plan
Preparation Manual for Public Facilities (Title V, Appendix A);
and all other applicable standards of this Code;
3.
The development is consistent with the Comprehensive Plan, other
adopted City polices and plans, and any approved Master Plan that
includes the property;
4.
The existing utilities and infrastructure have adequate capacity
to serve the proposed development, and any burdens on those systems
have been mitigated to the degree practicable;
5.
The development mitigates any adverse impacts on the surrounding
area to the degree practical; and
6.
New structures are compatible in volume, height, material, style
and color with the site, surrounding existing structures and the established
general character of design in the City.
F.
Post-Decision Actions And Limitations.
1.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
a.
Effect Of Approval.
(1)
Approval shall authorize the applicant to submit an application for improvement plan (Section 405.180) and a building permit, or begin construction or operation if additional permitting is not required.
(2)
Approved site plans, as amended, shall be binding
upon the owner, successors, and assigns. The approved site plan shall
limit and control the issuance and validity of all building permits,
and shall restrict and limit the construction, location, use, occupancy,
and operation of all land and structures within the plan to all conditions,
requirements, locations, and limitations set forth in the adopted
plan.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The special use permit procedure provides a mechanism for the
City to evaluate proposed land uses that may be desirable, necessary,
or convenient to the community, but which, because of their unique
characteristics, may have a potentially greater impact upon neighboring
properties or the public than those uses permitted by right.
B.
Applicability.
1.
This Section applies to all applications for a use listed as
a special use in Table 420.040, Table of Allowed Uses, with the following exceptions:
a.
Nonconforming Use.
(1)
Any existing use without a special use permit that was legally established before the effective date of this Code and which after the effective date is located within a zoning district that requires a special use permit for the subject use is a nonconforming use and subject to the requirements of Chapter 400, Article IV, Nonconformities.
b.
Conforming Special Use.
(1)
Any existing use with a special use permit that
was legally established before the effective date of this Code and
which after the effective date is located within a zoning district
that requires a special use permit for the subject use is a conforming
special use and may continue to be operated under the terms of the
previously approved special use permit.
(2)
Any proposed expansions or modifications of the
use will be subject to all applicable standards of this Section.
c.
Conforming Permitted Use.
(1)
Any existing use with a special use permit that
was legally established before the effective of this Code and which
after the effective date is located within a zoning district that
does not require a special use permit for the subject use is a conforming
permitted use and is subject to any conditions established as part
of the original approval of the special use permit.
(2)
A request to repeal or modify the existing special
use permit and conditions will follow the procedure for a new special
use permit.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
5.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria. A special use permit shall
be reviewed according to the following criteria:
(1)
The proposed special use complies with all applicable
provisions of this Code, the City's Comprehensive Plan, any approved
Master Plan that includes the property, and good planning practice.
(2)
The proposed special use at the specified location
will contribute to and promote the general welfare, health, safety
and convenience of the public.
(3)
The location and size of the special use, the nature
and intensity of the operation involved in or conducted in connection
with it, and the location of the real property with respect to streets
giving access to it are such that the special use will not adversely
affect 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 special use will
adversely affect the immediate neighborhood, consideration shall be
given to:
(4)
Off-street parking and loading areas will be provided
in accordance with the standards set forth in this Code.
(5)
Adequate utilities, drainage and other such necessary
facilities have been, or will be, provided on the real property.
(6)
Adequate access roads, entrances and exit drives
shall be provided and shall be so designed to prevent traffic hazards
and to minimize traffic congestion on public streets and alleys.
6.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Effect Of Approval. Approval shall
authorize the applicant to apply for a building permit or begin construction
or operation if additional permitting is not required.
(2)
Expiration Of Approval.
(a)
A special use permit shall expire one (1) year after the date of final approval unless the use or construction is substantially underway, as determined by the Community Development Director, or an extension is granted pursuant to Section 405.080.
(b)
If an approved special use is discontinued for
one (1) year or more, it may not be reestablished without approval
of a new special use permit application.
(3)
Revocation. Upon a finding that
an approved special 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 special use permit in accordance with the procedures
for a new special use permit.
(4)
Amendments.
(a)
In addition to the minor amendments specified in Section 405.080, the following amendments to an approved special use permit may be approved by the Community Development Director:
i.
Change in business or trade names, where ownership
and nature of business or trade remains the same;
ii.
Transfers to another person to operate the same
use, in the same building(s), on the same property, and under the
same terms of the special use permit;
iii.
Amendments to site plans that were approved concurrently with an application for special use permit that do not exceed the thresholds for minor site plan review specified in Section 405.160; and
iv.
Other changes deemed by the Community Development
Director to be similar in nature and/or to have a minimal impact on
the operation of the existing use or surrounding area.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The improvement plan procedure provides a mechanism for the
review and approval of technical drawings associated with approved
developments and to ensure compliance with this Code and the City's
Engineering Standards.
B.
Applicability.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
2.
Application Submission And Handling.
a.
The application shall be submitted to the Department of Public Works and handled in accordance with Section 405.040 and the following modification:
(1)
Applications are subject to the requirements of
the Engineering and Plan Preparation Manual for Public Facilities (Title V, Appendix
A).
3.
Staff Review And Action.
b.
Review Criteria. An improvement plan shall
be reviewed according to the following criteria:
(1)
Required infrastructure and utility improvements
have been approved by the appropriate agency;
(2)
It complies with all applicable standards in this Code, including Chapter 430, Subdivision and Improvement Standards;
(3)
It complies with the City's Engineering Standards,
including the Engineering and Plan Preparation Manual for
Public Facilities (Title V, Appendix A);
(4)
It complies with other applicable City standards
and policies; and
(5)
It complies with requirements and conditions of
approval for any prior approvals.
D.
Post-Decision Actions And Limitations.
1.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
a.
Effect Of Approval. Approval shall authorize
the subsequent submittal of an application for building permit or
other site disturbance permits.
b.
Required Improvements And Guarantees.
(1)
(2)
Subdivision Improvements.
(3)
Site Improvements.
(b)
The financial guarantee shall be in an amount equal
to the cost of all site improvements, including parking lots, lighting,
stormwater detention/retention, landscaping, construction debris cleanup
and building board-up cost.
(c)
The required construction financial guarantee may
be waived by the Public Works Director in instances where the site
improvements are considered to be relatively minor.
c.
Expiration Of Approval. An improvement plan approval shall expire one (1) year after the date of final approval unless the use or construction is substantially underway, as determined by the Public Works Director, or an extension is granted by the Public Works Director pursuant to Section 405.080.
