(A) 
Intent and exclusion of detached single-family and two-family uses.
The purpose of the Site Plan process is to establish a procedure for coordinating improvements to properties zoned other than detached single-family or two-family uses.
(B) 
Multifamily, townhome and nonresidential uses.
Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the Planning & Zoning Commission for multifamily, townhome and nonresidential uses.
(C) 
Results.
This procedure is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, landscaping, and natural features.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Process.
A Preliminary Site Plan or Site Plan shall not be acted on unless and until it is properly filed in accordance with the provisions of this Ordinance.
(1) 
Meetings.
a. 
It is recommended that the applicant meet with an authorized representative of the Development Services Department to allow the applicant to learn the general procedures for approval, and to review the general plan of the proposed development, but the development/project shall not be discussed in sufficient detail.
b. 
No applications may be submitted to or accepted for filing with representatives of the Development Services Department during the meeting.
c. 
No rights derived from Chapter 245 of the Texas Local Government Code, as amended, shall accrue from any Pre-submittal Meeting, Pre-submittal Process or documents offered for review in connection therewith. There shall be no vested rights based on a Pre-Submittal filing meeting.
(2) 
Zoning.
a. 
Conformance with existing zoning. All applications shall be in conformance with the existing zoning on the property (if applicable).
b. 
Request to rezone first. If an applicant seeks to amend the zoning for the property, the request to rezone the land shall be submitted and approved prior to acceptance of an application for filing.
(3) 
Preliminary site plan.
a. 
Preliminary Site Plan approval assures the applicant that the general layout is acceptable prior to proceeding to a Site Plan.
(4) 
Site plan.
a. 
Site Plan approval is required prior to the release of a grading permit.
(5) 
Preliminary site plan and site plan approval.
a. 
Preliminary Site Plans require Planning & Zoning Commission review and approval, unless otherwise specified by ordinance.
b. 
Site Plans require Director review and approval. The Director shall review if all of the following conditions are met:
1. 
Valid Preliminary Site Plan;
2. 
A building does not move closer to an abutting residential property;
3. 
A building's height does not increase;
4. 
A building's size does not change by more than ten (10) percent or 1,000 square feet, whichever is greater;
5. 
Screening remains the same;
6. 
Cross access remains the same;
7. 
Open Space remains the same; and
8. 
Parking lot does not increase or decrease by more than ten (10) percent.
(B) 
Process purpose.
The purpose of this process is to:
(1) 
Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;
(2) 
Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;
(3) 
Promote the vision established by the Comprehensive Plan;
(4) 
Ensure adequate public facilities to serve development;
(5) 
Prevent or mitigate adverse development impacts, including overcrowding and congestion;
(6) 
Aid evaluation and coordination of land subdivision;
(7) 
Incorporate the assets of open space and natural features into the design of a site; and
(8) 
Promote the public health, safety and welfare.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
Subsection 6.05 shall apply to the following:
(A) 
Nonresidential development.
(1) 
Nonresidential development, except as provided in 6.05.04. Exemptions.
(B) 
Residential development.
(1) 
Residential development having more than two dwelling units, including attached single-family residences, townhomes, and condominiums.
(2) 
Manufactured home parks.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
Agricultural buildings and temporary field construction offices/staging areas as permitted by the Building Inspection Division are exempted from the requirements of this Subsection 6.05. Site Plan Requirements.
(Ordinance 2021-07-47 adopted 7/6/21)
Applications for approval of plans required by this Subsection 6.05. Site Plan Requirements are governed by Subsection 6.07. Vesting and Complete Application Filing Requirements.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Preliminary site plan general.
The purpose of the Preliminary Site Plan is to:
(1) 
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
(2) 
Provide satisfactory vehicular and pedestrian connectivity to adjoining developments and within the site;
(3) 
Promote the long-term viability of multi-parcel developments by providing visibility of internal tracts;
(4) 
Determine the preliminary design of drainage facilities and utilities; and
(5) 
Promote the health, safety and welfare of the public
(B) 
Preliminary site plan applicability.
(1) 
Prerequisite for a Site Plan:
a. 
Except as provided in Subsection 6.05.07(B)(3), an approved, valid Preliminary Site Plan shall be required prior to the filing and consideration of an application for any Site Plan for and development of the following:
1. 
Nonresidential development, except as provided in Subsection 6.05.04;
2. 
Residential development having more than two dwelling units, including attached single-family residences (townhomes), multifamily residences and condominiums.
3. 
Manufactured home parks; or
4. 
Parking lot development, and reconstruction or reconfiguration of the parking lot by more than ten (10) percent.
b. 
Failure to obtain approval of a Preliminary Site Plan, where a Preliminary Site Plan is required under this Ordinance, shall be grounds for denial or rejection of a Site Plan application.
(2) 
Area Scope:
a. 
A Preliminary Site Plan must include all contiguous property of common ownership, except that approved platted lots that are not part of the intended development may be shown for informational purposes only.
b. 
Property which has been subdivided by metes and bounds, regardless of ownership, shall be included in the Preliminary Site Plan; since the subdivision of land was not conducted in accordance with the Subdivision Ordinance.
(3) 
A Site Plan may be submitted in lieu of a Preliminary Site Plan if all of the following conditions apply:
a. 
The property is platted;
b. 
The property is not proposed to be subdivided; and
c. 
Development of the property shall not be phased.
(C) 
Preliminary site plan application procedure and requirements.
(1) 
Preliminary site plan general application.
The property owner shall file an application for the approval of a Preliminary Site Plan. This application shall include the information listed on the Preliminary Site Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director, and published as part of the Development Application Handbook.
(2) 
Preliminary site plan details for tracts greater than five (5) acres.
At a minimum, a Preliminary Site Plan that includes tracts greater than five (5) acres shall depict the following information.
a. 
Estimated use and size of all buildings and amount of required parking. The exact location of the buildings is not required.
b. 
The general design of adjacent public street improvements and right-of-way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.
c. 
Required landscape edges and buffers adjacent to thoroughfares and bordering properties.
d. 
Existing natural and hydrological features including wetlands.
e. 
Existing or proposed easements.
f. 
Location and general size of drainage, detention and retention areas.
g. 
Location of centralized or concentrated open spaces, screening and other site improvements.
(3) 
Preliminary site plan details for tracts containing five (5) acres or less.
Existing or proposed tracts which contain five (5) or fewer net acres shall depict a greater level of detail than tracts in excess of five (5) net acres. A checklist of the required information shall be maintained by the Director.
(4) 
Preliminary site plan additional requirements.
a. 
The following plans shall be submitted with a Preliminary Site Plan as documents to aid in the review of the Preliminary Site Plan. These additional plans shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Preliminary Site Plan application shall be grounds for denial or rejection of the Preliminary Site Plan application:
1. 
Preliminary utility/drainage plans,
2. 
Preliminary Traffic Impact Analysis;
3. 
Preliminary Traffic Circulation Study;
4. 
Preliminary Landscape Plan and Tree Survey;
5. 
Preliminary Flood Study and/or Reclamation; and
6. 
Preliminary Facade Plans.
b. 
An Open Space Plan, where required under Subsection 4.13.03, shall be filed at the same time as the Preliminary Site Plan application and must be approved prior to consideration and approval of the Preliminary Site Plan, except as provided in Subsection 6.05.07(B)(3). Failure to submit such plan, where required under Subsection 4.13.03, with the Preliminary Site Plan application shall be grounds for denial or rejection of the Preliminary Site Plan application, except as provided in Subsection 6.05.07(B)(3).
1. 
The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed open space plan based upon criteria listed in Subsection 4.13.03(G)(1)(a)–(c) [sic] (Open Space Recommendation). A denial of the Open Space Plan by the Planning & Zoning Commission shall result in denial of the Preliminary Site Plan.
(5) 
Preliminary site plan standards of approval.
a. 
The Planning & Zoning Commission may approve, conditionally approve or deny a Preliminary Site Plan based on:
1. 
Conformance with the Comprehensive Plan and Adopted guidelines;
2. 
Compliance with the Zoning Ordinance and other applicable regulations and previously approved, valid plans for the property;
3. 
Impact on the site's natural resources (i.e., floodplain, drainage, trees, topography etc.) but excluding fence rows;
4. 
Effect on adjacent and area property and land use;
5. 
Safety and efficiency of vehicular and pedestrian circulation, traffic control and congestion mitigation;
6. 
Safety and convenience of off-street parking and loading facilities;
7. 
Access for firefighting and emergency equipment to buildings;
8. 
Use of landscaping and screening to shield lights, noise, movement or activities from adjacent properties, and to complement the design and location of buildings and parking; and
9. 
The location, size and configuration of usable open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
b. 
In the event of a denial, the applicant may file a new Preliminary Site Plan application subject to the requirements and regulations in effect at the time the application is filed.
(6) 
Preliminary site plan effect.
a. 
City approval of a Preliminary Site Plan shall entitle the owner(s) to file an application for Site Plan approval for development of the entire site or a portion thereof provided that the Site Plan conforms to the Preliminary Site Plan and any conditions attached to its approval.
b. 
During the time the Preliminary Site Plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire lanes, median breaks, curb cuts and parking shall remain fixed except as to permit minor amendments meeting the requirements of Subsection 6.05.09(C) (Preliminary Site Plan (PSP) or Site Plan (SP) Amendments).
c. 
Except where authorized by ordinance, a Preliminary Site Plan may not be used to approve an exception to development regulations.
d. 
Where an approved Preliminary Site Plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
(7) 
Preliminary site plan lapse.
a. 
The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date of approval, at the end of which time the Preliminary Site Plan shall expire unless the applicant demonstrates to the Director that progress has been made toward the completion of the project for which the Preliminary Site Plan was approved or that a Site Plan has been approved.
b. 
An expired Preliminary Site Plan is null and void.
c. 
If the progress towards completion is only for a portion of the property, the Preliminary Site Plan for the remaining property shall expire.
d. 
Any new Preliminary Site Plan submitted for review and approval shall be subject to the existing regulations at the time of submittal.
e. 
A Preliminary Site Plan may be extended for a period not to exceed one (1) year beyond the Preliminary Site Plan's expiration date, subject to the applicant demonstrating to the Director that progress has been made towards the completion of the project for which the Preliminary Site Plan was approved. A written request for extension shall be submitted to the Director of Development Services at least thirty (30) calendar days prior to expiration of the Preliminary Site Plan, and shall include a detailed explanation and evidence demonstrating progress towards completion of the project.
1. 
Decision by the director of development services.
(i) 
The Director of Development Services will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the official filing date of the request.
(ii) 
Should the Director of Development Services fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed approved.
2. 
Conditions.
In granting an extension, the decision-maker may impose such conditions as are needed to ensure that the project will be developed in a timely fashion and that the public interest is served by granting the extension. If the applicant fails to demonstrate progress towards completion of the project, an extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
3. 
Appeal of denial of extension.
(i) 
Appeal of the Director's Decision.
The denial of an extension by the Director of Development Services may be appealed to the Commission. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The Commission shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request.
(ii) 
Appeal of the Commission's Decision.
The denial of an extension by the Commission may be appealed to the City Council. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The City Council shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request. The decision of the City Council is final.
(8) 
For appeals, see Subsection 6.19. Appeals and the Appeal Process.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2022-04-14 adopted 4/5/2022; Ordinance 2025-04-24 adopted 4/1/2025)
(A) 
Site plan general information.
The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:
(1) 
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
(2) 
Coordinate and document the design of public and private improvements to be constructed;
(3) 
Coordinate the subdivision of land, including the granting of easements, rights-of-way, development agreements and provision of surety;
(4) 
Promote the health, safety and welfare of the public; and
(5) 
Identify and address environmental concerns (i.e., floodplain, drainage, trees, topography, etc.).
(B) 
Site plan applicability.
(1) 
Prerequisite for the Filing and Approval of Any Construction Plan and Permit. An approved, valid Site Plan is required prior to the filing and approval of any construction plan and permit for and development of the following:
a. 
Nonresidential development, except as provided in Subsection 6.05.04;
b. 
Residential development having more than two dwelling units, including attached single-family residences (townhomes), multifamily residences and condominiums;
c. 
Manufactured home parks; or
d. 
Parking lot development, and reconstruction or reconfiguration of a parking lot by more than ten (10) percent.
(C) 
Site plan application filing and requirements.
(1) 
Site plan application filing.
The property owner shall file an application for the approval of a Site Plan. This filing must include the information listed on the Site Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(2) 
Site plan additional requirements.
a. 
An Open Space Plan, where an Open Space Plan is required under Subsection 4.13.03, must be filed at the same time as the Site Plan application and shall be considered and approved prior to approval of the Site Plan. A denial of the Open Space Plan shall result in denial of the Site Plan.
1. 
Staff shall approve or deny the open space plan when submitted with the Site Plan if all the following conditions are met:
(i) 
Valid Open Space Plan and Preliminary Site Plan approved by the Planning & Zoning Commission;
(ii) 
Amenity types and dimensions (height, length, width) remain the same;
(iii) 
Size of open space remains the same;
(iv) 
Location of open space remains the same; and
(v) 
General conformance to the quality of the design and amenities of the space, as approved by the Planning & Zoning Commission.
2. 
If the above-mentioned conditions are not met, The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed open space plan based upon criteria listed in Subsection 4.13.03(G)(1)(a)–(c) [sic] (Open Space Recommendation).
b. 
A Facade Plan, where a Facade Plan is required under Subsection 6.16, must be filed at the same time as the Site Plan application. Failure to obtain approval of a Facade Plan, where a Facade Plan is required under this Ordinance, shall be grounds for denial of the Site Plan.
c. 
A Landscape Plan and a detailed Tree Survey shall be submitted with a Site Plan application as documents to aid in the review of the Site Plan. If required, a Traffic Impact Analysis, Traffic Circulation Study, and/or Flood Study shall be submitted with a Site Plan as documents to aid in the review of the Site Plan. These additional plans shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Site Plan application shall be grounds for rejection or denial of the Site Plan application.
(3) 
Site plan standards of approval.
a. 
Director approval scenario.
Where application for Site Plan approval is made for development defined on an approved, valid Preliminary Site Plan, the Director may approve, conditionally approve or deny the application based upon the criteria listed below.
b. 
Planning & Zoning Commission approval scenario.
If cases where no Preliminary Site Plan exists, the Planning & Zoning Commission may approve, conditionally approve, table or deny a Site Plan based upon the criteria listed below.
c. 
In the event of a denial, the applicant may file a new Site Plan application subject to the requirements and regulations in effect at the time the application is filed.
(4) 
Approval criteria.
a. 
Conformance with the Comprehensive Plan and adopted design guidelines.
b. 
Compliance with the Zoning Ordinance and other applicable regulations and previously approved, valid plans for the property.
c. 
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
d. 
The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
e. 
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.
f. 
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
g. 
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
h. 
Protection and conservation of water courses and areas subject to flooding.
i. 
The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
j. 
City taxes on the property are not delinquent.
(5) 
Site plan effect.
a. 
Approval of a Site Plan entitles the owner to apply for approval of building permits and engineering plans. Failure to obtain approval of a Site Plan, where a Site Plan is required under this Ordinance, shall be grounds for denial or withholding of building permits or engineering plans.
b. 
Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.
c. 
Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations.
d. 
Where an approved plan conflicts with an adopted regulation and no variance is expressly approved, the regulation shall apply.
(6) 
Site plan lapse.
a. 
Applications filed on or after September 1, 2005.
1. 
For applications filed on or after September 1, 2005, the approval of a Site Plan shall be effective for a period of two (2) years from the date of approval, at the end of which time the Site Plan shall expire unless the applicant demonstrates to the Director that progress has been made towards completion of the project for which the Site Plan was approved.
2. 
Submission and receipt of approval of engineering plans and building permits prior to expiration of the Site Plan shall be evidence of progress towards completion.
3. 
If the progress towards completion is only for a portion of the property, the Site Plan for the remaining property, together with any Preliminary Site Plan for the property, shall expire.
4. 
An expired Site Plan is null and void.
5. 
Any new Site Plan submitted for review and approval shall be subject to the existing regulations at the time of submittal.
6. 
A Site Plan may be extended for a period not to exceed one (1) year beyond the Site Plan's expiration date, subject to the applicant demonstrating to the Director that progress has been made towards the completion of the project for which the Site Plan was approved. A written request for extension shall be submitted to the Director of Development Services at least thirty (30) calendar days prior to expiration of the Site Plan, and shall include a detailed explanation and evidence demonstrating progress towards completion of the project.
(i) 
Decision by the Director of Development Services.
A. 
The Director of Development Services will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the official filing date of the request.
B. 
Should the Director of Development Services fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed approved.
(ii) 
Conditions.
In granting an extension, the decision-maker may impose such conditions as are needed to ensure that the project will be developed in a timely fashion and that the public interest is served by granting the extension. If the applicant fails to demonstrate progress towards completion of the project, an extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
(iii) 
Appeal of denial of extension.
A. 
Appeal of the director's decision.
The denial of an extension by the Director of Development Services may be appealed to the Commission. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The Commission shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request.
B. 
Appeal of the commission's decision.
The denial of an extension by the Commission may be appealed to the City Council. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The City Council shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request. The decision of the City Council is final.
b. 
Applications filed before September 1, 2005.
1. 
For applications filed before September 1, 2005, the approval of a Site Plan shall be effective for a period of eighteen (18) months from the date of approval by the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits.
2. 
If the engineering plans and building permits are not approved, the Site Plan approval, together with any Preliminary Site Plan for the property, is null and void.
3. 
If engineering plans and permits have been approved only for a portion of the property and for improvements, the Site Plan for the remaining property and/or improvements, together with any Preliminary Site Plan for the property, shall be null and void.
c. 
Expired site plans.
1. 
For all expired Site Plans, the applicant shall be required to submit a new Site Plan and if required, a new Site Plan, for review and approval by the Planning & Zoning Commission subject to the then existing regulations.
2. 
Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.
3. 
Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with Subsection 6.05.09. Site Plan Amendments and shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.
(7) 
For appeals, see Subsection 6.19 Appeals and the Appeal Process.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; ; Ordinance 2025-04-24 adopted 4/1/2025)
As changes are proposed to an approved Preliminary Site Plan (PSP) or an approved Site Plan (SP), an applicant shall comply with the following review and approval processes.
(A) 
Updates during construction plan reviews.
(1) 
Updates made to a Site Plan based on modifications made during Construction Plan review shall require a new Site Plan application subject to the requirements and regulations in effect at the time the application is filed. Failure to submit a new Site Plan application in such an event shall be grounds for denial of the Construction Plan application.
(2) 
The applicant shall submit as-built drawings prior to final acceptance for approval by the Director.
(B) 
Substantially conforming site plans (SCSP).
(1) 
This plan shall include, but is not limited to, corrections of distances and dimensions, adjustments of building configuration and placement, change in building area not to exceed 1,000 square feet or 10%, whichever is greater, changes to utility locations, modifications to the number or size of meters, the increase or decrease of the parking lot by more than ten (10) percent, and the addition of cellular antenna ground-mounted equipment where the use has been approved.
(2) 
The property owner shall file an application for the approval of a Substantially Conforming Site Plan. The filing shall include the information listed on the Substantially Conforming Site Plan and Site Plan Checklists, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(3) 
The filing of a Substantially Conforming Site Plan application shall include a Landscape Plans as documents to aid in the review of the Substantially Conforming Site Plan. This additional plan shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Substantially Conforming Site Plan application shall be grounds for denial or rejection of the Substantially Conforming Site Plan application.
(4) 
The Substantially Conforming Site Plan shall be reviewed and approved or denied by the Director. If the Substantially Conforming Site Plan results in changes to the approved Construction Plan, a new Construction Plan application must be submitted subject to the requirements and regulations in effect at the time the application is filed. Failure to submit a new Construction Plan application in such an event shall be grounds for denial of the Substantially Conforming Site Plan.
(5) 
An applicant may appeal the denial of a Substantially Conforming Site Plan to the Planning & Zoning Commission in accordance with Subsection 6.19 Appeals and the Appeal Process.
(6) 
The expiration of a Substantially Conforming Site Plan shall be the same date of the originally approved Site Plan. In cases where a Site Plan has already expired, the Substantially Conforming Site Plan shall expire six (6) months from the date of approval during which time all permits shall be issued for construction.
(7) 
Depending on the changes proposed, other approvals may be required. If required, a Facade Plan application in accordance with Subsection 6.16 shall be filed at the same time as the Substantially Conforming Site Plan application. Failure to obtain approval of a Facade Plan, where a Facade Plan is required under this Ordinance, shall be grounds for denial or rejection of the Substantially Conforming Site Plan.
(8) 
Failure to submit the plans described in this subsection with the Substantially Conforming Site Plan application shall be grounds for rejection or denial of the Substantially Conforming Site Plan application.
(C) 
Preliminary site plan (PSP) or site plan (SP) amendments.
(1) 
The procedure for amending a Preliminary Site Plan or Site Plan depends on the type of change being proposed and shall follow the requirements for minor amendments and major amendments, as follows:
a. 
A minor amendment to a Preliminary Site Plan shall be approved on the corresponding Site Plan. A minor amendment to a Site Plan shall be approved on a Substantially Conforming Site Plan A minor amendment shall be defined as an amendment that meets each of the following criteria:
1. 
A building does not move closer to an abutting residential property;
2. 
A building's height does not increase;
3. 
A building's size does not change by more than ten (10) percent or 1,000 square feet or more, whichever is greater;
4. 
Screening remains the same;
5. 
Cross access remains the same;
6. 
Open Space remains the same; and
7. 
Parking lot does not increase or decrease by more than ten (10) percent.
b. 
Where an amendment to a Preliminary Site Plan or Site Plan does not meet all of the criteria for a minor amendment, a major amendment to the Preliminary Site Plan or Site Plan must be processed through the usual and customary Preliminary Site Plan or Site Plan procedure described in Subsection 6.05.
1. 
The approved Preliminary Site Plan or Site Plan for which the major amendment is proposed shall be null and void upon the filing of a new Preliminary Site Plan or Site Plan application.
2. 
If a major amendment to a Preliminary Site Plan or Site Plan is proposed after the Preliminary Site Plan or Site Plan application has been filed, but not yet approved or otherwise acted on, the Preliminary Site Plan or Site Plan under review is automatically withdrawn and a new application for a Preliminary Site Plan or Site Plan must be filed.
3. 
A major amendment requiring the filing of a new Preliminary Site Plan or Site Plan application shall be considered a new project and shall be evaluated under the regulations in effect at the time the application is submitted.
4. 
The new plan application requires approval by the Planning & Zoning Commission.
5. 
For appeals of Preliminary Site Plan or Site Plan decisions, see Appeals and the Appeal Process.
6. 
The new Preliminary Site Plan or Site Plan shall expire two (2) years from the date of Planning & Zoning Commission approval.
7. 
Construction plans and building plans associated with the project that have been submitted or approved shall be updated with a new construction plan or building plan filing. The construction of the modified improvements shall not occur until after the approval of a new Site Plan or Substantially Conforming Site Plan.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
The City Council or the Planning & Zoning Commission may revoke approval of a Preliminary Site Plan or Site Plan if it determines that the conditions of the approval have not been met; if the plan contains, or is based upon, incorrect information; or if it is determined that the approval was obtained using fraud or deceit.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Additional development, site modifications, or redevelopment.
Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the Planning & Zoning Commission under the regulations, requirements and procedures then in effect.
(B) 
Minor expansions and redevelopment.
Minor expansions and redevelopment may be approved by the Director under the terms of 6.05.09. Site Plan Amendments.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Incorporation of design standards and specifications.
The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this ordinance:
(1) 
Subdivision Ordinance;
(2) 
Downtown Architectural Guidelines;
(3) 
Fire Code;
(4) 
Engineering Design Standards and Construction Details;
(5) 
Any design standards and specifications approved by the City Council following the enactment of this provision; and
(6) 
Building Code.
(Ordinance 2021-07-47 adopted 7/6/21)