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HomeMy WebLinkAbout1998-09-14-Ordinance 2252_Site PlanORDINANCE NO.2252 ISITEPLANREQUIREMENTS CITY OF WAUKEE,IOWA AN ORDINANCE TO AMEND CHAPTER 304 IN ITS ENTIRETY AND INSERTING IN LIEU THEREOF THE FOLLOWING: ESTABLISHING PROCEDURESFOR THE DEVELOPMENT,SUBMISSION AND APPROVAL OF A SITE PLANi FOR THE SUBMISSION OF SUCH SITE PLAN TO THE PLANNING AND ZONING COMMISSION FOR ITS RECOMMENDATION AND CITY COUNCIL APPROVALi AND FURTHER ESTABLISHING PENALTIESFOR ANY VIOLATION OF SAID ORDINANCE. WHEREAS,the City Council deems it necessary for the purpose of promoting the health, safety,morals,and general welfare of the City of Waukee to enact such an ordinance,and WHEREAS,the Planning and Zoning Commission has made a preliminary report and submitted its final report to the City Council,and WHEREAS,the City Council has given due public notice of hearings regarding site plan requirements,procedures and penalties,and has held such public hearing; NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA:] CHAPTER 304 An ordinance providing rules,regulations and standards to guide development and subdivision and approval of site plans in Waukee,Iowa. §304.1 This ordinance shall be known,cited and referred to as "Site Plan Requirements of the City of Waukee,Iowa." SITE PLAN REQUIREMENTS §304.2 PURPOSE AND APPLICATION.It is the intent and purpose of this ordinance to establish a procedure which will enable the City to review certain proposed improvements to property within specified zoning districts of the City to insure compliance with all applicable zoning,subdivision and building regulations.Site plans shall only be required whenever any person proposes to place any structure for which a building permit is required under any other section of this Code,on any tract or parcel of and within any district of the Waukee Zoning Ordinance,and for any use,except one and two family dwellings,which will be required to have a plot plan showing setbacks. §304.3 DESIGN STANDARDS.The standards of design provided herein are necessary to 1 1 insure the orderly and harmonious development of property in such manner as will safeguard property values and the public's health,safety and general welfare. A.The design of the proposed improvements shall make adequate provisions for surface and subsurface drainage,for connections to water and sanitary sewer lines,each so designed as to neither overload existing public utility lines nor increase the danger of erosion,flooding,landslide,or other endangerment of adjoining or surrounding property. B.The proposed improvements shall be designed and located within the property in such manner as not to unduly diminish or impair the use and enjoyment of adjoining property,and to this end shall minimize the adverse effects on such adjoining property from automobile headlights,illumination of required perimeter yards,refuse containers,and impairment of light and air.For the purpose of this section,the term "use and enjoyment of adjoining property"shall mean the use and enjoyment presently being made of such adjoining property,unless such property is vacant.If vacant,the term "use and enjoyment of adjoining property"shall mean those uses permitted under the zoning districts in which such adjoining property is located. C.The proposed development shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not unduly increase congestion on adjacent or surrounding public streets. D.To such end as may be necessary and proper to accomplish the standards in paragraphs A,B,and C above,the proposed development shall provide fences,walls, screening,landscaping,erosion control or other improvements. E.The proposed development shall conform to all applicable provisions of the Code of Iowa,as amended,and all applicable provisions of the Waukee Municipal Code,as amended. §304.4 REQUIRED INFORMATION.All site plans required under §304.2 of this ordinance, unless waived by the City Council,shall include as a minimum the following information: A.Date of preparation,north point and scale. B.Legal description and address of the property to be developed. C.Name and address of the record property owner,the applicant,and the person or firm preparing the site plan. D.The existing and proposed zoning. E.The existing topography with a maximum of two (2)foot contour intervals.Where existing ground is on a slope of lessthan two percent (2%),either one (1)foot contours 2 or spot elevations where necessary but not more than fifty (50)feet apart in both directions,shall be indicated on site plan.) F.Existing and proposed utility lines and easements in accordance with City of Waukee Standard Specifications and Land Subdivision Regulations. G.Total number and type of dwelling units proposed;proposed uses for all buildings; total floor area of each building;estimated number of employees for each proposed use where applicable;and any other information which may be necessary to determine the number of off-street parking spaces and loading spaces required by the zoning ordinance. H.Location,shape,and all exterior elevation views of all proposed buildings,for the purpose of understanding the structures,the location of windows,doors,overhangs, projection height,etc.and the grade relationship to floor elevation,and the number of stories of each existing building to be retained and of each proposed building. I.All required yard setbacks. J.Location,grade and dimensions of all existing and proposed paved surfaces and all abutting streets. K.Complete traffic circulation and parking plan,showing the location and dimensions of all existing and proposed parking stalls,loading areas,entrance and exit drives, sidewalks,dividers,planters,and other similar permanent improvements. L.Location and type of existing or proposed signs.Scaled drawings of all signs with exterior dimensions and mounting height.Total area of each sign.Provide samples of letters and logos and the full message to appear on the sign.Description of materials and colors of background and letters.The means and magnitude of illumination. Exception:On buildings being constructed for future lease to multiple tenants,the developer will propose,and have approved,a signage theme for the entire property,and the specific signage for individual tenants will be reviewed and approved before a Certificate of Occupancy is issued to that particular tenant. M.Lighting plan:Provide a site lighting plan,indicating number,location,type,fixture height,power rating and shielding method of all existing and proposed lighting. Submit photometries review. N.Photographs of the existing and adjoining sites. P.Provide a color rendering of the proposed structure(s),noting all finish materials on 1 O.Proposed locations of dumpsters and outside work areas. 3 drawing and furnish color samples,if required by staff or Planning and Zoning. Q.Proposed location of all outside mechanical equipment,roof equipment,electrical equipment,and solar panels,including the means of screening. R.Location of existing trees six (6)inches or larger in diameter,landslide areas,springs and streams and other bodies of water,and any area subject to flooding by a one hundred (100)year storm on site and downstream off site. S.Proposed location,amount and type of any proposed landscaping.Location of landslide areas,plantings,fences,walls,or other screening as required by the zoning regulations and the design standards set forth in §304.3 of this ordinance. T.A vicinity map at a scale of 1"=500'or larger,showing the general location of the property,and the adjoining land uses and zoning. U.Soil tests and similar information,if deemed necessary by the City Engineer,to determine the feasibility of the proposed development in relation to the design standards set forth in §304.3 of this ordinance. V.Where possible ownership or boundary problems exist,as determined by the Zoning Administrator,a property survey by a licensed land surveyor may be required. W.Additionallnformation,drawings,or other materials necessary to describe a proposed project may be requested by the Planning and Zoning Commission or staff.The applicant may include additional information or materials such as sketches,videos, models,or photos,if they help explain the proposal. §304.5 OPEN SPACE,LANDSCAPING,PARKING AND ARCHITECTURAL REQUIREMENTS. The requirements set forth in this section for open spaces,landscaping,parking and architectural standards shall apply to any development or redevelopment except one and two family dwellings. A.Open Space Required:On each lot,except for one and two family dwellings,there shall be provided open space equal to at least the minimum required in the zoning ordinance for each district.Said open space shall be unencumbered with any structure,or off-street parking or roadways and drives,and shall be landscaped and maintained with grass,trees and shrubbery.When the entire lot is not developed,the open space requirement shall be based in proportion to the area of the improved portion of the lot. 1.Each principal structure of an apartment or office complex on same site shall be separated from any other principal structure in the complex by an open space of not less than sixteen (16)feet. 4 B.Landscaping Required:Any development,except one and two family dwellings,shall provide the following minimum number and size of landscape plantings based on the I minimum required open space for the development.The following is the minimum requirement of trees and shrubs,by number and size,and type of ground cover.Street trees planted in public street right-of-way subject to approval by the City shall not be counted toward fulfillment of the minimum site requirements set forth below.Plant species to be used for landscaping shall be acceptable to the City that are not considered a nuisance or undesirable species,such as trees with thorns,cottonwood or cotton-bearing poplars,elm trees prone to Dutch Elm Disease,box elder,and silver maple.Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements.Specific types of trees may be requested by the City,in order to create a theme,or more uniform appearance. 1.Minimum requirements at the time of planting -Two (2)trees minimum or one (1) tree of the following size per 1,500 square feet of open space,whichever is greater, or an alternative approved by the Planning and Zoning Commission: 40 Percent 1)1;,"-2"caliper diameter Balance 1u -1Y,/I caliper diameter (Evergreen trees shall not be less than six (6)feet in height). 2.Minimum requirements at the time of planting -6 shrubs,or 1 shrub per 1,000 square feet of open space,whichever is greater,or an alternative approved by the Planning and Zoning Commission:. 3.To reduce erosion,all disturbed open space areas shall have ground cover of grass or native vegetation which is installed as sod,or seeded,fertilized and mulched. C.BUFFER REQUIRED:The following conditions shall require a buffer which shall be a landscaped area,wall,or other structure intended to separate and obstruct the view between two adjacent zoning districts,land uses or properties: 1.Any R-3,R-4,R-5 and R-6 District,all C Districts,and all M Districts which abut any AR,R-1 or R-2 Districts shall require a buffer as described in this section. 2.All M Districts which ahut any R-3,R-4,R-5,R-6,and all C Districts shall provide a buffer as required by this section;however,if the use proposed within the M District is a use permitted in the adjoining district,the requirement of a buffer may be waived by the City Council after a recommendation from the Planning and Zoning Commission. 3.Any R-3,R-4,R-5,or R-6 District which abuts any different R-3,R-4,R-5 or R-6 District shall require a buffer as described in this section. 1 5 4.Any storage area,garbage storage,junk storage or loading docks,and loading areas,in any District shall be screened from public street view by a buffer. D.BUFFERS.Buffers required under the provisions of this section or elsewhere in the zoning ordinance shall be accomplished by anyone or approved combination of the following methods: 1.Buffer Wall:A buffer wall shall not be less than six (6)feet in height:constructed of a permanent low maintenance material such as concrete block,cinder block, brick,concrete,precast concrete,tile block,etc.:the permanent low-maintenance wall shall be designed by an architect or engineer for both structural adequacy and aesthetic quality:weather resistant wood may be used as a substitute material if designed with adequate structural integrity and permanency and approved by the Planning and Zoning Commission and City Council. 2.Landscape Buffer:A landscape buffer shall not be less than twenty-five (10)feet in width,designed and landscaped with earth berm and predominant plantings of evergreen type trees,shrubs and plants so as to assure year around effectiveness: height of berm and density and height of plantings shall be adequate to eventually serve as a solid and unpenetrable screen.A vinyl coated chain link fence may exist for security purposes,but is not considered a part of the landscape screening to satisfy the intent of this requirement. 3.Contiguous to a Conservation and Open (COS)District,or district where adjoining buffer width is required,use of fence or wall,and landscaping required will be determined on a case-by-case basis upon review of the site plan taking into consideration the proposed use of the COS District for open space,trail or other use,unless otherwise specified in the zoning ordinance. E.BURDEN OF PROVISION OF BUFFER.The burden of provision and selection of the buffer shal I be as follows: 1.Where two different zoning districts,requmng a buffer between them,are developed,the above requirement is not retroactive and a buffer is not required. If a buffer is desired,it shall be provided by mutual agreement between property owners.However,in the event that any or all of the improved property is abandoned,destroyed or demolished,for the purpose of renewal or redevelopment,that portion of such property being renewed or redeveloped,shall be considered vacant and subject to the requirements herein. 2.Where one of two different Zoning Districts requiring a buffer between them is partly developed,the developer of the vacant land shall assume the burden,unless otherwise specified herein. 3.Where both Zoning Districts,requiring a buffer between them,are vacant or 6 undeveloped,the developer of each parcel shall be responsible for providing an equal share of the requ ired buffer.IF.WAIVER OF BUFFER REQUIREMENTS.Where the line between two districts, requiring a buffer,follows a street,right-of-way,railroad,stream,or other similar barrier,the requirement for a buffer may be waived or modified by the City Council, provided such waiver does not permit the exposure of undesirable characteristics of land use to public view. G.SURFACING REQUIREMENTS.All off-street parking and loading areas and access roadways shall have a durable and dustless surface paved with asphaltic or portland cement concrete pavement in accordance with the specifications as herein set forth. Off-street parking of automobiles,vans,campers,trucks,trailers,tractors,recreational vehicles,boats,construction equipment,and any other mobile vehicles equipped for street and highway travel shall be on an asphaltic or portland cement concrete paved off-street parking area as required herein and not parked or stored within the landscaped open space area of the front yard between the building and public street right-of-way. All off-street parki ng areas and associated driveways,access roadways and frontage roads,except driveways for single family residences,shall be constructed with permanent,integrally attached 6"high curbing or curbing of alternate height acceptable to the City (prefabricated portable curb stops shall not be considered an acceptable alternate),and shall be so graded and drained as to dispose of all surface water accumulation within the area;and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.The curbing requirements may be waived if it is determined that surface drainage can be adequately handled by other means. 1 The minimum thickness of pavement of the parking area shall be specifically designed to accommodate the type and load bearing capacity of traffic anticipated.Material utilized in the subgrade shall be well drained and not susceptible to frost boils.The part of the parking utilized for driveways and access roadways,shall be specifically designed to accommodate the type and load bearing capacity of traffic anticipated. H.LANDSCAPING,SCREENINGAND OPEN SPACEREQUIREMENTS.It is desired that all parking areas be aesthetically improved to reduce obtrusive characteristics which are inherent to their use.Therefore parking areas shall be effectively screened from general public view and contain approved shrubs and/or trees within parking islands where multiple aisles of parking exist.Not less than five (5)percent of the interior parking area shall be landscaped within parking islands as required by the Waukee zoning ordinance. I.OFF-STREET PARKING ACCESS TO PUBLIC STREETSAND INTERNAL TRAFFIC I CIRCULATION.Off-street parking or loading facilities shall be designed so as to 7 permit entrance and exit by forward movement of the vehicle for all uses,except row dwellings which shall be permitted backward movement from a driveway.The backing or backward movement of vehicles from a driveway,off-street parking or loading area onto a major thoroughfare,including all thoroughfares designated as arterial streets or major collector streets on the Major Streets Plan shall be prohibited for all uses.Driveway approach returns shall not extend beyond the side lot line as extended,unless such driveway is of joint usage by the adjoining lots,and driveway approaches at roadway not less than twenty-four (24)feet for townhouse residential dwellings,and not lessthan thirty-seven (37)feet for multi-family,non-residential uses and multiple building complexes. The number of ingress/egress access points to public streets from off-street parking areas shall be in accordance with the Des Moines Metropolitan Design Standards Manual as approved by the City and located to limit vehicular conflicts,provide acceptable location of driveway accessesto public streets,preserve proper traffic safety and,where possible,not impair movement of vehicular traffic on public streets.The permitted number of ingress/egress driveway approaches to public streets for an off-street parking lot shall be dependent upon the projected future average daily traffic (ADT)for the public street and,as possible,public street accesses shall be located in alignment with driveway approaches gaining access to the same public street from property on the opposite side ofthe street.The design of off-street parking and loading facilities shall provide traffic circulation for the internal forward movement of traffic within the parking lot,so designed,as not to impair vehicular movement on public streets,or backing of vehicles from an off-street parking or loading area to a public street. J.Handicap Accessible Parking Requirements.Provision of handicapped parking spaces within off-street parking areas shall be in accordance with applicable federal,state and local regulations,properly identified with signage and provided with accessible ramps and walks in accordance with federal and state regulations,and comply with the following parking space minimum requirements: 8 Total Parking in Lot 1 to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1000 1001 and over Required Minimum Number of Handicap Spaces 11 2 3 4 5 6 7 8 9 2 percent of total 20 plus 1 for each 100 and over 1000 Access space or aisle adjacent to handicap accessible parking space shall be a minimum five (5)feet wide.One in every eight handicap accessible spaces,but not less than one,shall be served by an access space or aisle eight (8)feet wide minimum and shall be designated "van accessible." K.TRAFFIC ANALYSIS REQUIREMENTS.Any project,which contains 100 dwelling units or 1,000 average daily trips as listed for uses in the Trip Generation Handbook; Institute of Transportation Engineers,current edition,or which is determined to need a traffic analysis by the City Engineer,shall submit a traffic analysis which provides necessary information to determine the affect that the project will have upon the surrounding traffic.At a minimum,the traffic analysis shall contain project trip generation,directional distribution of project trips,traffic assignment,and capacity analysis,including identification of congestion and turning-movement conflicts. } L.WAIVER OF REQUIREMENTS.The City Council reservesthe right to waive or modify to a lesserrequirement any provision or requirement of off-street parking and loading areas contained in this ordinance,provided a report on such change is received from the Planning and Zoning Commission,and further provided said waiver or modification does not adversely affect the intent of these regulations to adequately safeguard the general public and surrounding property.Exceptions will only be considered for those useswhere special circumstances warrant a change and whereby the modification or waiver is determined to be in the best interest of the general public. M.ARCHITECTURAL STANDARDS.As part of the submittal of a site plan, architectural plans for buildings shall be submitted for review and approval by the City Council after recommendation from the Planning and Zoning Commission. Documentation to be submitted shall include,a color rendering of the project and I colored building elevations showing the building's design and a description of structural and exterior materials to be used,on all four (4)sides.The following 9 standards shall be used by the City to review architectural plans: 1.ALL ZONING DISTRICTS:Adequate treatment or screening of negative aspects of buildings (loading docks,loading areas,outside storage areas, garbage dumpsters and HVAC mechanical units)which can be seen from any public street and/or adjoining properties shall be required.Buildings shall be designed or oriented not to expose loading docks,or loading areas to the public. 2.MULTIPLE-FAMILY DWELLINGS IN ALL DISTRICTS:shall be designed and constructed in a manner that is compatible with the design and construction of adjoining residential uses in the neighborhood.Architectural design for multiple-family buildings shall be meant to include:exterior building materials, exterior details and texture,treatment of windows and doors,and a variety in the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings.Multiple-family buildings with single plane walls and boxy in appearance shall not be considered acceptable unless the use of exterior materials such as brick provides the elements necessary to enhance the building's physical appearance and eliminate any plainness of appearance. 3.NON-RESIDENTIAL USES IN R DISTRICTS:Any building used for a permitted non-residential use in an R District,shall be designed and constructed with architecture and use of materials compatible with the residential uses within the neighborhood.Buildings located on a residential street in an R District shall be residential in character,and exterior materials shall be wood,brick,and/or brick veneer,or an acceptable alternative.The architectural design and use of materials for the construction shall be reviewed as part of any site plan. 4.ALL USES WITHIN ANY C DISTRICT:Buildings within any C District shall be designed,having as a primary element of the building exterior,:fascia glass,brick, concrete panels,textured concrete block,architectural steel,or stone panels with all sides of any building built consistent in design and use of materials.The use of wood,masonite,visible asphaltic exterior wall or roof material,aluminum or steel siding,non-architectural sheet metal,non-textured concrete block,stucco or other similar materials shall be discouraged except as a trim material,unless the City Council,after receiving a recommendation from the Planning and Zoning Commission,shall determine said material when used as a primary element,does not distract from the physical appearance of the building.The architectural design and use of materials for the construction shall be reviewed as part of any site plan. 5.ALL USESWITHIN THE M-DISTRICT:The use of appropriate exterior materials to enhance the appearance of a building is encouraged by the City.The exclusive use of certain types of sheet metal(ie:similar in appearance to that used in agricultural buildings)as an exterior building material shall not be considered acceptable for any facade facing public streets.The exterior material of the 10 building's front elevation shall be comprised of brick,concrete panels,textured I concrete block,architectural steel or stone panels,or other similar material.The architectural design and use of materials for the construction shall be reviewed as part of any site plan. §304.6 REVIEW GUIDELINES:When reviewing a site plan,the Planning and Zoning Commission,and City Council shall consider the following guidelines.In no case may these guidelines be used to attempt to replace or override the requirements of the Waukee Zoning Ordinance. A.DEFINITION OF TERMS: COMPATIBILITY:neighboring buildings should fit well together in appearance of architectural style,materials,scale,and color,as viewed from the street scape. This criteria shall not mean that all buildings must look alike. HARMONY:the development shall be aesthetically pleasing from the combination of architectural design,landscape elements,miscellaneous structures,and the design of movement of vehicular and pedestrian traffic. LANDSCAPE ELEMENTS:shall mean the various elements of nature,topography, buildings and other man-made objects viewed in relation to one another. JMISCELLANEOUSSTRUCTURES:Structures,other than buildings,visible from public ways.Examples are:monuments,antennas,sheds,shelters,fences,and walls, transformers,drive-up facilities. SCALE:the relationship of the size of elements to one another and to the human figure. SCREENING:Structures and/or plantings which conceal an area from view of ,a public way. STREET FURNITU RE:Man-made objects other than buildings which are part of the street scape.Examples are;benches,litter containers,planting containers, sculptures,vending machines and newspaper dispensers. STREETSCAPE:The scene from the public street or way composed of natural and man-made elements,including buildings,paving,plantings,street furniture and miscellaneous structures. §304.7 BUILDING PERMITS -APPLICATION.No building permit shall be issued for the construction of any structure that is subject to the provisions of this ordinance,until a site plan I has been submitted for review covering the land upon which said structure is to be erected, and further,approved by City Council for such development in accordance with this 11 ordinance. §304.8 PROCEDURE. A.Pre-Application Conference:Whenever any person proposes to place any structure for which a building permit is required under any other section of this Code,on any tract or parcel of land within any district of the Waukee Zoning Ordinance,and any use,except one and two family dwellings,the person shall submit to the City Administrator a request for a Pre-Application Conference. The Conference shall include the applicant or his representative and the City Administrator or his designee and the City Engineer.The purpose of the Conference shall be to acquaint the City staff with the proposed construction and to acquaint the applicant or his representative with the procedures and with any special problems that might relate to such construction. The applicant shall furnish a legal description of the subject real estate at the time of requesting a Pre-Application Conference,and the Conference shall be held within seven (7)days of such request. B.Continuous Site Plan Review.After completion of the Pre-Application Conference as required by subsection A of this section,and in the event the applicant wishes to proceed with the construction as discussed at said Conference,he shall cause to be prepared a site plan of such proposed construction,and shall submit five (5)copies of the same to the City Administrator and one (1)copy to the City Engineer.The site plan shall be accompanied by a cover letter requesting review and approval of said plan. The payment of the application fee is as follows: Site plan review -one acre or less -$50.00. Site plan review -more than one acre -$75.00. The applicant shall be responsible for just and reasonable costs incurred by the City for review of site plans deemed necessary by the City to insure proper conformance with City ordinances and standard specifications.The City Engineer will provide the applicant with a written estimate of these costs at the Pre-application conference. The site plan shall contain all the information required by §304.5 and §304.6 of this ordinance unless otherwise waived by the Zoning Administrator. The Zoning Administrator shall retain one (1)copy for his review and comment.The remaining copies shall be retained by the City Administrator for review and distribution.The Zoning Administrator and City Engineer shall review the plan for conformance of the design to the standards and required data set forth in §304.4 and 304.5 of this ordinance. 12 C.Action: 1.The City Administrator shall promptly notify the applicant in writing of any revisions or additional information needed as required by §304.4 and 304.5.If necessary,the applicant shall make revisions and resubmit the revised plan(s)to the City Administrator for compliance.If the site plan complies with requirements set forth in this ordinance,the applicant shall submit twelve (12)copies of the plan to the Planning and Zoning Commission for approval,disapproval,or approval subject to cond itions. I 2.The Commission shall in its regularly scheduled meeting,act upon the site plan and accompanying material.The City Engineer,City staff and other departments shall submit to the Commission their recommendation.The applicant or a representative shall be present at the meeting.Action of the Commission shall be approval,approval subject to conditions,denial,or table for further review. 3.Approval by Commission.In the case of approval by the Commission,the approval shall be documented on seven (7)copies of the site plan.One (1)copy shall be returned to the applicant,one (1)copy retained by the Commission and six (6)copies shall be forwarded to the City Council.Additional copies of the plan may be required,at the City's request. 4.Conditional Approval by Commission.In the case of approval subject to I conditions by the Commission,the approval shall be documented on seven (7) copies of the site plan and the conditions determined attached thereto.One (1) copy shall be returned to the builder,one (1)copy shall be retained by the Commission,and six (6)copies shall be forwarded to the City Council.The applicant shall provide revised copies of the site plan in accordance with the Commission action and submit twelve (12)copies to the City Clerk prior to Council action.The City Clerk shall forward one (1)copy to the City Engineer,six (6)copies to the City Council and one (1)copy for the Commission files,and the remaining balance to other City Departments/Utilities. 5.Disapproval by Commission.In the case of disapproval by the Commission,the disapproval shall be documented on three (3)copies of the site plan.One (1)copy shall be returned to the applicant,one (1)copy shall be retained by the Commission,and one (1)copy shall be retained by the City Clerk. 6.Council Action.At the next regularly scheduled Council meeting following Commission action,the Council shall act on the site plan and accompanying material.The applicant or a representative shall be present at the meeting.Action of the Council shall be approval,denial,or table for further review. 7.Approval by Council.In the case of approval by the Council,the approval shall be documented on three (3)copies of the site plan.One (1)copy shall be returned I 13 to the applicant.One (1)copy shall be forwarded to the Commission,one (1)copy shall be retained by the City Clerk.Applicant may then proceed with approval of building permit and accompanying material. 8.Denial by Council.In the case of denial by the Council,the denial shall be documented on three (3)copies of the site plan.One (1)copy shall be returned to the applicant,one (1)to the Commission,and one (1)copy shall be retained by the City Clerk. 9.Resubmittal of Site Plan Denied by Council.A site plan that has been approved by the Commission and denied by the Counci I may be revised by the applicant in accordance with the Council Action and twelve (12)copies resubmitted to the Commission for approval as before. 10.Resubmittal of Site Plan Denied by Council and Commission.A site plan that has been denied by both the Commission and the Council may be resubmitted to the City by the applicant for Commission and Council approval with respect to the original terms of these procedures,which includes twelve (12)copies of the site plan and filing fees.Resubmittal under these terms shall be considered a new site plan subject to fees and procedures outlined in §304.7. §304.9 VALIDITY OF APPROVAL. A.A site plan shall become effective upon certification of approval by the City Council. 8.The City Council approval of any site plan required by this article shall remain valid for one (1)year allowing one (1)year extension with approval of City Council upon recommendation of the Commission after the date of approval,after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced.For the purpose of this article "actual construction"shall mean that the permanent placement of construction materials has started and is proceeding without undue delay.Preparation of plans,securing financial arrangements,issuance of building permits,letting of contracts,grading of property,or stockpiling of materials on the site shall not constitute actual construction. §304.10 SITE PLAN AMENDMENT.Approved site plans may only be amended in accordance with the standards and procedures established herein for the submittal of a new site plan,including payment of fees. Exception:The Zoning Administrator may waive such procedures for those minor changes hereinafter listed.Such minor changes shall not be made unless the prior written approval for such changes is obtained from the Zoning Administrator.No fees shall be required for such minor changes,but the Zoning Administrator may require drawings to evaluate the change. A.Moving building walls within the confines of the smallest rectangle that would have 14 enclosed each original approved building(s).Relocation of building entrances or exits,1 shortening of building canopies.Changes in exterior trim materials,or minor changes in exterior building materials. B.Changing to a more restrictive commercial or industrial use,provided the number of off-street parking spaces meets the requirement of the Waukee zoning ordinance. C.Changing angle of parking or aisle provided there is no reduction in the amount of off-street parking as originally approved. D.Substituting plant species provided a landscape architect,engineer or architect certifies the substituted species is similar in nature and screening effect. E.Increasing peripheral yards. §304.11 APPLICABILITY TO EXISTING DEVELOPMENT.The requirements of this article shall not apply to the placement of any structure for which building permits have been issued as of the date of the adoption of this ordinance,provided that if such building permit shall expire,then a new building permit shall not be issued until the requirements of this ordinance have been met.Provided further,that if an existing structure is to be reconstructed,enlarged, expanded,or otherwise increased: A.In the case of building uses,in an amount 50%or greater of its existing ground coverage and/or total floor space;or B.In the case of non-building uses or non-building portion of uses,in the amount 50% or greater of the existing developed non-building site area,then the provisions of this ordinance shall apply. §304.12 VIOLATIONS AND PENALTIES.Any person,firm,partnership,association or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100)or by imprisonment for not more than thirty (30)days,or by both such fine and imprisonment.The imposition of one penalty for any violation shall not excuse the violation or permit it to continue;and all such persons shall be required to correct or remedy such violation or defects within a reasonable time;and when not otherwise specified,each thirty (30)days that prohibitive conditions are maintained shall constitute a separate offense.In addition,the City of Waukee may proceed in law or in equity to restrain,correct or abate such violation,to prevent the occupancy of said building,structure or land,or to prevent any illegal act, conduct of business,or use in or about said premises. §304.13 SEVERABILITY.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as I a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. 15 §304.14 EFFECTIVEDATE.This ordinance shall be in effect after its final passage,approval and publication as required by law. Passed by the City Council of the City of Waukee,Iowa,this 14th day of September,1998, and approved this 14th day of September,1998. 16