CHAPTER 1.26
SITE PLAN PERMIT
Sections:
1.26.005 Purpose.
1.26.010 Permit Required – Site Plan.
1.26.015 Permit Required – Master Site Plan.
1.26.020 Submission of Application.
1.26.025 Form and Contents of Required Documents.
1.26.030 Public Notice.
1.26.035 Review and Approval Procedures.
1.26.040 Site Plan Approval Standards.
1.26.045 Temporary Site Plans.
1.26.050 Entitlements.
1.26.055 Appeals.
1.26.005 PURPOSE.
The purpose of a Site Plan Permit is to ensure proposed developments which are Industrial, Commercial, Institutional, Multi-Family Dwelling, occur in a safe and functional manner by ensuring compliance with City standards and requirements associated with appearance, traffic safety and control, parking, landscaping, buffering, fencing, drainage, etc.
1.26.010 PERMIT REQUIRED – SITE PLAN.
Site Plan Permit approval shall be required prior to submission of an application for a Building Permit, for all developments which contain an Industrial, Commercial, Institutional, Multi-Family Dwelling, or for other uses for which a Site Plan is required elsewhere in this Title.
1.26.015 PERMIT REQUIRED – MASTER SITE PLAN.
When sites are proposed to be developed in phases, a Master Site Plan approval is required prior to approving the individual Site Plans within the project and the submission of an application for a Building Permit. The Master Site Plan application shall include the submission of documents that address the following issues for the entire site: land use, open space and landscaped areas, architectural guidelines, buildable square footage, parking requirements, access and circulation of pedestrian and vehicles, utilities and metering of utilities, easements, storm drainage and all preliminary calculations for infrastructure improvements and traffic impact mitigation related to a traffic impact study, if required. A Master Site Plan Application and accompanying documents shall be reviewed using the same procedure as any Site Plan application, except that the development agreement shall include provisions that address phasing, and timing of improvements.
A. Delaying the Submission of Documents. Depending upon the size and scale of the proposed Master Site Plan area, the Land Use Authority Board may determine that it is more appropriate to delay the submission of some of the required Master Site Plan documents enumerated above until the review of an individual phase of a Site Plan.
B. Waiving the Submission of Previously Submitted Documents. Each phase of an approved Master Site Plan shall be required to go through a Site Plan review. To the extent that Site Plan requirements such as storm drainage, traffic circulation, parking, lighting, or other provisions have been met through the Master Site Plan process, such information may not be required to be submitted by the Land Use Authority Board during the review and approval of an individual phase of a Site Plan.
1.26.020 SUBMISSION OF APPLICATION.
A. Only property owners or their duly authorized agents shall make application for a Site Plan Permit or Master Site Plan Permit on forms approved by the Zoning Administrator.
B. No Site Plan Permit or Master Site Plan Permit application shall be processed without the submission of the application and all supporting materials as required by this Chapter including the processing fee. Incomplete applications shall not be processed under any circumstance. The time frame for when an application shall be submitted in order to be heard at a Land Use Authority Board (LUAB) meeting shall be set by policy of the Zoning Administrator.
C. The application for Site Plan or Master Site Plan approval shall include the following:
1. Three (3) full size (24″ x 36″) and one (1) small size (11″ x 17″) copies of each sheet of the Site Plan or Master Site Plan; Utility; Landscaping Plan; Grading, Drainage, and Erosion Plan; Lighting Plan; Phasing Plan; Signage Plan;
2. All documents required in Section 1.26.025; and
3. Payment of the applicable fee as set by Resolution of the City Council.
1.26.025 FORM AND CONTENT OF REQUIRED DOCUMENTS.
A. Supporting Materials. The Site Plan Permit or Master Site Plan Permit application shall be submitted with the materials listed in this Section. The Zoning Administrator and LUAB may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Site Plan Permit or Master Site Plan Permit application. If a development has been previously reviewed (Conditional Use Permit or Subdivision Approval), or the applicant believes that some of the required supporting materials are not applicable, then the applicant may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the Zoning Administrator may waive the requirements of certain materials relating to improvements that have been reviewed and approved in a previous application process or are not found to be applicable to the project. The following materials shall be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies, as well as the appropriate format of each, will be determined by the Zoning Administrator.
1. Land Restrictions and Ownership Affidavit. A document detailing all covenants, grants of easement or other deed restrictions applicable to the site and an ownership affidavit shall be submitted.
2. Vicinity Map. A vicinity map showing the general location and indicating the approximate location of the subject parcel.
3. Context Plan. A context plan including the existing features on the property and within two-hundred (200) feet of the proposed Site Plan property line. Existing features include but are not limited to, buildings, roads, ingress and egress points, landscaping areas, pedestrian paths, and property names.
4. Survey. The survey prepared and stamped by a Utah registered Land Surveyor listing the metes and bounds legal description and the gross acreage within the subject parcel.
5. Site Plan or Master Site Plan. A Site Plan or Master Site Plan prepared and stamped by licensed and/or certified professionals including, but not limited to, architects, landscape architects, engineers, surveyors, or other professionals deemed necessary by the Zoning Administrator. The City may require plans prepared by any or all of the above-noted professionals. The Site Plan or Master Site Plan shall contain the date, scale, north arrow and the following items:
a. Boundaries of the subject parcel and the entire parcel (where the project does not occupy the entire parcel of which it is part);
b. Existing and proposed streets, watercourses, easements and other rights-of-way, and section lines;
c. Locations, dimensions, uses and heights of all proposed buildings and structures, including overhangs, porches, stairwells, and balconies, and the locations of all structures on adjoining properties;
d. Access points, provisions for vehicular and pedestrian circulation on and off site, interconnection to adjacent sites and dimensions of such access and circulation;
e. Acceleration and deceleration lanes, and dimensions thereof, if required;
f. Off-street parking and loading areas complying with the City’s off-street parking requirements of this Title and indicating the required number of stalls and aisles scaled to the correct dimensions, the correct number of handicapped accessible parking spaces, lighting, landscaping and irrigation, the percentage of landscaping to impervious surfaces, and pedestrian walkways;
g. Screening and buffering provisions, including types and heights of existing and proposed buffering and fencing elements;
h. Location and treatment of refuse collection areas, storage areas, mechanical equipment, and external structures;
i. Location and size of existing utilities and general location of utility access points and connections;
j. Location, type and size of all signage including advertising and directional signage;
k. Tabulation of square footage devoted to various land uses, ground coverage by structures and other impervious surfaces;
l. Location of existing and proposed curb, gutter, sidewalk, park strip and edge of asphalt, signed and stamped by a licensed professional engineer;
m. Type of construction of all structures, presence or absence of fire sprinkling and location of existing and proposed fire hydrants;
n. Location of all existing and proposed irrigation systems, both on site and on adjacent properties, including but not limited to, ditches, pipes, and culverts;
o. A statement on the Site Plan or Master Site Plan that all applicable elements of the American’s with Disabilities Act Accessibility Guidelines will be adhered to;
p. The piping of all existing irrigation ditches which affect the site; and
q. The names of all adjacent property owners.
B. Landscaping Plan. A Landscaping Plan prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees if any, and showing compliance with the landscaping or buffering requirements of the appropriate land use (See Chapter 1.18 Landscaping, Buffering, and Fencing Regulations). The Landscaping Plan shall include, at a minimum, the following information:
1. The location and dimension of all existing and proposed structures (when feasible), property lines, easements, parking lots, power lines, rights-of-way, ground signs, refuse areas, and lighting;
2. The plant names (both botanical and common name) location, quantity, and size of all existing and proposed plants. The proposed plan should indicate the size of the plant material at maturation;
3. The landscaping plan should also exhibit the existing landscaping twenty (20) feet beyond the property lines;
4. Existing and proposed grading with contours at one (1) foot intervals for areas with grades less than five (5) percent. Areas in excess of five (5) percent shall have contours shown at two (2) foot intervals;
5. Plans showing the irrigation system shall also be included in the landscaping plan submittal;
6. Proposed and existing fences and identification of the fencing materials; and
7. A summary of the total percentage of landscaped areas, domestic turf grasses, and drought tolerant plant species along with the estimated cost of all the improvements.
C. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan prepared and stamped by a licensed engineer shall be submitted. The report shall contain the drainage basin map and a plan view of the overall storm water system. The grading, drainage, and erosion plan shall address the following issues:
1. Description of features and hydrological conditions;
2. Drainage basin and sub-basin;
3. Drainage facility design criteria;
4. Infrastructure design criteria;
5. Grading plan; and
6. Erosion control.
Specifically, the report shall contain, at a minimum, the following information:
1. The existing roadways, drainage ways, vegetation and hydrological conditions of a ten (10) year twenty-four (24) hour event and a one-hundred (100) year twenty-four (24) hour event;
2. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses;
3. The sub-basin description showing the historical drainage pattern and offsite drainage patterns both upstream and downstream of the property;
4. A general discussion of how the proposed system conforms to existing drainage patterns and offsite upstream drainage will be collected to protect development;
5. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality including how solids are collected and not allowed to be discharge into downstream waters and how oils and greases are separated from storm water;
6. Maintenance plan and procedure for storm water system; thorough narrative of all charts, graphs, tables or other information included in the report describing how it effects the proposed development;
7. Infrastructure design criteria showing the piping is sized to handle the peak intensity of the ten (10) year storm event; all detention basins are sized to handle one-hundred (100) year storm while discharging at a maximum ten (10) year twenty-four (24) hour historical rate; a ten (10) foot traffic lane in both directions is maintained at all locations within the development; and that the roadway and infrastructure will handle a one-hundred (100) year storm event without flooding homes or damaging public property;
8. Grading plan showing: soil map depicting unique soil features such as collapsible soil, rock features, etc.; a grading plan showing all cut and fill areas within a development including: the identification of slopes; fill and cut depths; and rock features within ten (10) feet of post grade soil surface; and
9. Erosion control shall show: how erosion will be controlled during construction; explanation and design showing that such construction debris and silts will not be collected by storm water system; show and design for all cut and fill slopes will not be eroded and how these areas will be restored to their natural vegetative state.
D. Geotechnical Report. A Geotechnical report prepared by a Professional Engineer licensed in the State of Utah. The report shall identify Geologic nature of the proposed site and provide recommendations for planning, engineering design, and construction techniques to be utilized showing the location and height of all subsurface ground water areas. If roads are to be constructed through the subdivision than the Geotechnical Report shall include the California Bearing Ratio (CBR).
E. Lighting Plan. A lighting plan, which indicates the illumination of all exterior of the building and parking lots, and immediately adjoining streets showing the location and type of lighting proposed.
F. Elevations. Elevations of all buildings, fences and other structures viewed from all sides indicating heights of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials.
G. Traffic Impact Study. A traffic impact study (completed by a professional that is competent in the field of traffic engineering) may be required if it is estimated by the City Engineer that the project could generate traffic impacts that require further study or that may require site improvements to transportation facilities. Said study shall include, but not be limited to, the following: an analysis of the average daily trips generated by the proposed project; an analysis of the distribution of trips on public street systems; a description of the type of traffic generated; and recommended on-site improvements that may mitigate negative traffic impacts.
H. Phasing Plan. If the Site Plan is to be developed in phases a plan that shows the phasing of the development shall be submitted.
I. Utility Demands. A summary projecting the utility demands that the development will create for water, and sewer.
J. Signage Plan. Site Plans that have multiple building sites shall submit a signage plan for approval. The sign plan shall show Master Signage Plan shall be drawn to scale, showing the proposed location of the sign, parking areas, landscaped areas and buildings. If the proposed sign will be located within one-hundred (100) feet of a property line, the parking areas, landscaped areas and buildings shall be shown for the property within one-hundred (100) feet of the proposed sign. The signage plan shall also include colored graphics showing the proposed sign copy, type of sign, and dimensions.
K. Electronic Files. Electronic files of all the plans and drawings for the project shall be submitted.
1.26.030 PUBLIC NOTICE.
A. LUAB- Public Meeting. Twenty-four (24) hour notice of public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required for a Site Plan or Master Site Plan.
B. Notice to Applicant. Pursuant to 10-9a-202 Utah Code Annotated the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public meeting to consider their Site Plan or Master Site Plan application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Site Plan or Master Site Plan application at least three (3) business days before the public meeting; and notify the Applicant of any final action on Site Plan or Master Site Plan application.
1.26.035 REVIEW AND APPROVAL PROCEDURES.
A. Zoning Administrator’s Review – Application. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administrator shall forward complete applications to the Land Use Authority Board and incomplete application shall be returned to the applicant with a list of the deficiencies.
B. Land Use Authority Board (LUAB) Review. The Land Use Authority Board (LUAB) shall review the proposed Site Plan or Master Site Plan application and shall grant approval of the Site Plan or Master Site Plan applications after the LUAB is satisfied all of the standards and requirements of this Chapter and other applicable Sections of this Title shall be met. Approval of a Site Plan or Master Site Plan shall generally be in the form of a letter to the applicant or the minutes of the meeting in which the application was approved, together with the approved submitted materials, shall constitute the Site Plan Permit or Master Site Plan Permit. If the LUAB denies the Site Plan or Master Site Plan Application explicit and careful Findings of Fact shall be enumerated for the record as to why reason for the denial. Approval of a Site Plan or Master Site Plan is an Administrative Decision.
C. City Council – Development Agreement. After the LUAB review and approval of a Site Plan or Master Site Plan, a Development Agreement based on conditions and special provisions in the LUAB action for that project shall be prepared and it shall be submitted to the City Council for approval. The Development Agreement similar to a Development Agreement for subdivisions may include such items as the architectural drawings, Site Plan, phasing plans, water rights, and bonding requirements, if any.
1. Bonds. In order to assure that the public improvements associated with the development will be constructed to completion in an acceptable manner, the applicant (owner) shall provide a bond similar to the requirements applicable to subdivisions. The bond shall assure timely construction and installation of all required public improvements. The applicant (owner) shall enter into an agreement and provide a bond for one hundred-ten (110) percent of the cost as estimated by the City Engineer of public improvements. The developer may request ninety (90) percent of the amount for one (1) line item to be released with authorization by the City Engineer, when that line item is completed, inspected, and accepted by the City Engineer. One-hundred (100) percent of the entire bond may be released when the site is completed, inspected, and accepted by the City. The remaining ten (10) percent will be held to ensure that the improvements shall be maintained in a state of good repair for a period of one (1) year from the date of completion and acceptance by the City Engineer.
1.26.040 APPROVAL STANDARDS.
The following standards shall be used when approving a Site Plan or Master Site Plan Permit:
A. Use of Property. The entire parcel area shall be built upon, landscaped or paved in accordance with the zoning district’s requirements and other generally applicable development standards.
B. Buffering Requirements. Chapter 1.18 Landscaping, Buffering, and Fencing Regulations of this Title contains required buffer widths and improvements for adjacent land uses. All Site Plans shall conform to regulations contained in Chapter 1.18. All developments shall have the minimum number of trees as required by Chapter 1.18 of this Title to provide for visual relief.
C. Access Requirements.
1. Access onto a Public Street. All access onto a public street for Site Plans shall conform to regulations contained in Section 1.17.025 B. Driveway Requirements.
2. Access Dimensions. All access dimensions for Site Plans shall conform to regulations contained in Section 1.17.025.
3. Interconnection. All parking and other vehicular use areas shall be interconnected with adjacent properties in order to allow maximum off-street vehicular circulation.
4. Acceleration and Deceleration Lanes. Acceleration and deceleration lanes shall be required on arterials and collectors when deemed necessary by the City Engineer.
5. Off-street Truck Loading Space. Buildings or structures involving the receipt or distribution by vehicles, materials or merchandise, shall have provided and maintained on the building’s lot adequate space for standing, loading, and unloading of the vehicles in order to avoid undue interference with public use of streets or alleys.
6. Utilities. All utility lines shall be underground (unless otherwise approved for electrical) in designated easements. No pipe, conduit, cable, line for water, gas, sewage, drainage, steam, electrical or any other energy or service shall be installed or maintained upon any lot (outside of any building) above the surface of the ground. Transformers shall be grouped with other utility meters where possible and screened with vegetation or other appropriate method. Tracer wires or other means of locating the whereabouts of all underground utilities shall be required.
7. Grading and Drainage. Drainage from any lot shall follow current City requirements for on-site retention and a maximum allowable discharge at the calculated historical rate for the site. Drainage shall not be allowed to flow upon adjoining lots unless the owner of the lot upon which the water flows has granted an easement for such purpose.
D. Mechanical Equipment. All mechanical equipment shall be located or screened and/or other measures taken so as not to be visible from any public or private streets. Screens shall be aesthetically incorporated into the design of the building whether located on the ground or roof. Rooftops of buildings shall be free of any mechanical equipment unless completely screened from all horizontal points of view. Screening materials shall conform to the color scheme of the primary building. Measures taken to shield mechanical equipment from view, other than screening, shall be approved by the LUAB.
E. Building Lighting. Plans for exterior building lighting shall be approved as part of the Site Plan approval. Building lighting shall be shielded and directed downward so that the light source is diminished from beyond the property line. Lighting shall not project above structures or flagpoles.
F. Screening of Storage Areas and External Structures. Landscaping, fencing, berms or other devices integral to overall site and building design shall screen storage areas and other external structures. Non sight obscuring trash enclosures are prohibited.
G. Trash Enclosures. All trash enclosures for Site Plans shall conform to regulations contained in Section 1.19.040 Trash Enclosures.
H. Exterior Materials. The color of all commercial buildings is subject to City approval. The dominant overall color scheme of the building shall generally be subtle, subdued, low reflectance, neutral or earth tones. Brighter primary colors may be used as accent elements, such as door and window frames and architectural details. Fluorescent or metallic colors are only allowed as signage. Building elevations shall be submitted that indicate all colors, styles, materials and other proposed building treatments.
I. Landscape Requirement. All landscaping for Site Plans shall conform to the landscaping regulations Guidelines of Chapter 1.18 Landscaping, Buffering, and Fencing Regulations and Section 1.17.045 parking lot landscaping.
J. Parking Lot and Street Lighting. All parking lot lighting shall conform to regulations contained in Section 1.17.040 Parking Lot Lighting Required. Pole mounted fixtures are required along streets and lighting of all pedestrian pathways is also required. Lighting will be approved as to how adequately it provides for the health and safety of citizens. Design and location of standards and fixtures shall be specified on the Site Plan.
K. Signage. Site Plans that have multiple building sites shall submit a signage plan for approval. The sign plan shall show sign copy on a Multi-Tenant Sign.
L. Enclosed Uses. All uses established for any Commercial or Industrial uses shall be conducted entirely within a fully enclosed approved building except those uses deemed by the LUAB to be customarily and appropriately conducted in the open or as otherwise allowed in other Sections and Chapters of this Title. Uses which qualify for this exception are vegetation nurseries, home improvement centers with lumber and/or vegetation nurseries, outdoor cafes or auto dealerships. Approved seasonal temporary uses, such as Christmas tree lots, shall be exempt from this requirement.
M. Businesses Moving Into Existing Buildings. New businesses moving into existing conforming or non-conforming buildings shall comply with the requirements of this section where possible prior to a business license being issued.
N. Water Rights Requirements. Developers are required to dedicate water rights to the City for Industrial, Commercial, Institutional, and Multi-Family Dwelling. The City Engineer shall calculate water rights for these uses after a site-specific analysis is performed for the proposed use. Water rights to service Industrial, Commercial, Institutional, and Multi-Family Dwelling shall be dedicated to the City prior to the issuance of the Building Permit.
1.26.045 TEMPORARY SITE PLAN.
The Land Use Authority Board (LUAB) may recommend waving some of the requirements of this Title or Chapter when a Site Plan is temporary in nature. A Temporary Site Plan approval shall be valid for a period of time as determined by the LUAB as part of the initial review. Applicants may request that Temporary Site Plan approval be renewed. The same approval process procedures described in this Chapter shall be followed.
1.26.050 ENTITLEMENTS.
A. Validity. The approval of a Site Plan or Master Site Plan Permit shall entitle the layout, design, and general improvements for a Industrial, Commercial, Institutional, and Multi-Family Dwelling development site except as follows:
1. Permit Issued in Conflict. In accordance with Section 1.01.025 any Site Plan or Master Site Plan Permit approved which is in conflict with this Title shall be null and void.
2. Expiration. A Site Plan or Master Site Plan Permit shall expire one (1) year after the date of the approval and shall be null and void unless the property owner or their duly authorized agent has obtained a Building Permit, where required, or Business Licenses or other permits or license required for the operation. A one (1) year extension may be granted if the application for extension and the filing fee is received by the Zoning Administrator prior to the expiration date as is set out above.
B. Additional Permits. Property owners or their duly authorized agents are entitled to make application for a Building Permit, where required or Business Licenses or other permits or license required for the operation once a Site Plan or Master Site Plan Permit has been approved.
1.26.055 APPEALS.
A. Any person aggrieved by the decision of any part of a Site Plan Permit or Master Site Plan Permit may appeal as follows in accordance with Chapter 1.04.
B. Site Plans. The Appeal Authority and deadline for filing an appeal of a Site Plans or Master Site Plan shall be as follows:
1. First Appeal. Person has ten (10) days to appeal the decision of the Land Use Authority Board to the City Council.
2. Second Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)
3. Third Appeal. None.
ORD 13-05
REV 10/14
REV 07.10