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EXHIBIT A
§ 154.156 PROCEDURE FOR SITE PLAN APPROVAL.
(A) Generally. For purposes of this chapter, site plans may be classified as major or
minor site plans. All developments within the city, except individual single-family
detached units and city-owned facilities, shall be subject to this chapter.
(1) A major site plan involves one or more of the following:
(a) Forty or more dwelling units in a multiple-family structure or structures.
(b) Fifteen thousand or more square feet of:
1. Office space;
2. Retail commercial space;
3. Service commercial space; and/or
4. Industrial space.
(c) One or more buildings on one site for:
1. Office use;
2. Retail commercial use;
3. Service commercial use; and/or
4. Industrial use.
(d) Twenty thousand or more square feet of exterior storage of materials or
goods; and
(e) Parking for more than 80 vehicles.
(2) Any other site plan (except for a planned area development) is considered a
minor site plan. Any planned area development shall be reviewed according to the
regulations of § 154.160.
(3) The City Council has the right to review, and require revisions to, any proposed
site plans, major or minor. The purpose of this review is to relieve demonstrable
adverse impacts of the development upon public safety, health, or welfare; to protect
public investments in roads, drainage facilities, sewage facilities, and the like; and to
ensure that the regulations of the city are upheld.
(4) Additionally, the City Council may authorize the Zoning Administrator to
conduct review of minor site plans. Any needed variances for major or minor site plans
must be submitted to the Board of Adjustment.
(A) APPLICABILITY. SITE PLAN APPROVAL IS REQUIRED BEFORE ANY
DEVELOPMENT ACTIVITIES ON PROPERTY LOCATED IN ZONING DISTRICTS
THAT MANDATE SITE PLAN REVIEW, AS SPECIFIED IN THIS ORDINANCE.
EXCEPT FOR INDIVIDUAL SINGLE-FAMILY DETACHED UNITS AND CITY-OWNED
FACILITIES, ALL SITE PLAN APPROVALS SHALL BE SUBJECT TO THIS
CHAPTER.
(B) APPROVAL AUTHORITY. UNLESS OTHERWISE EXPRESSLY PROVIDED IN
THIS ORDINANCE OR AS REQUIRED BY CITY COUNCIL AS A CONDITION IN A
ZONING AMENDMENT, THE SENIOR PLANNER HAS THE AUTHORITY TO
APPROVE, APPROVE CONDITIONALLY, OR DENY ANY APPLICATION FOR A
SITE PLAN OR AN AMENDED SITE PLAN. VIOLATING ANY CONDITIONS SET BY
THE SENIOR PLANNER WILL BE CONSIDERED A VIOLATION OF THIS
ORDINANCE AND WILL MAKE ANY PERMIT INVALID AND VOID.
(C) PURPOSE. THE SITE PLAN REVIEW PROCESS PROMOTES THE HEALTH,
SAFETY, AND WELFARE OF THE CITY'S RESIDENTS AND THE GENERAL
PUBLIC BY ENCOURAGING SAFE, FUNCTIONAL, ATTRACTIVE, HARMONIOUS,
AND COMPATIBLE DEVELOPMENT WITHIN THE CITY. IT ENSURES THAT
STRUCTURES, UTILITIES, STREETS, PARKING, CIRCULATION SYSTEMS,
YARDS, AND OPEN SPACES ARE DEVELOPED IN ACCORDANCE WITH THE
GOALS AND OBJECTIVES OF THE CITY’S GENERAL PLAN, AS WELL AS THE
REQUIREMENTS OF THIS ORDINANCE, THE CITY OF EL MIRAGE ZONING
ORDINANCES, THE ENGINEERING DESIGN AND DEVELOPMENT STANDARDS,
AND ANY OTHER APPLICABLE FEDERAL, STATE, OR LOCAL LAWS,
ORDINANCES, CODES, RULES, REGULATIONS, POLICIES, AND GUIDELINES.
(B) (D) Application of these procedures.
(1) For those rezoning requests that may not comply with the city's general plan,
the site plan shall be submitted in conjunction with the rezoning application.
(2) For those rezoning requests that may comply with the general plan, the site
plan shall be submitted prior to any construction or development and may be submitted
with the rezoning application.
(3) For those areas with desired zoning, the site plan shall be submitted prior to
any construction or development.
(C) Application for major or minor site plan approval. Applications for major or minor
site plan approval shall be on a form provided by the Zoning Administrator. The
application shall be accompanied by the appropriate fee and development plans
showing sufficient information for the Planning and Zoning Commission, City Council, or
city staff to determine whether the proposed development will meet the development
requirements of the city. In all cases, the application shall contain the following:
(E) APPLICATION PROCESS. SITE PLAN APPLICATIONS WILL BE PROCESSED
AND REVIEWED IN ACCORDANCE WITH THE PROCEDURES GENERALLY
DESCRIBED HEREIN AND MORE PARTICULARLY DESCRIBED IN THE ZONING
CODE AND ENGINEERING DESIGN AND DEVELOPMENT STANDARDS.
(1) APPLICATIONS FOR A SITE PLAN SHALL BE FILED WITH THE
DEVELOPMENT SERVICES DEPARTMENT ON FORM(S) PROVIDED BY THE
DEPARTMENT AND SHALL INCLUDE ALL OF THE INFORMATION IDENTIFIED IN
THE: APPLICATION FORM(S), IN THE SECTION OF THE ZONING CODE RELATED
TO SITE PLANS; IN THE ENGINEERING DESIGN AND DEVELOPMENT
STANDARDS, AND ANY OTHER DATA THAT MAY BE REQUIRED BY THE SENIOR
PLANNER WHICH IS NEEDED TO INSURE COMPLIANCE WITH APPLICABLE
REQUIREMENTS. IN ALL CASES, THE APPLICATION SHALL CONTAIN THE
FOLLOWING:
(1) (2) General:
(a) Name of project/development;
(b) Location of project/development by street address;
(c) Location map, including area within one-half mile of site;
(d) Name and mailing address of developer/owner;
(e) Name and mailing address of engineer/architect;
(f) Date of plan preparation;
(g) North point indicator;
(h) Scale of not less than one inch to 100 feet; and
(i) Names and addresses of property owners within 200 feet of site.
(2)(3) Site plan, including:
(a) Boundary line of property with dimensions;
(b) Location, identification, and dimension of existing and proposed data, to a
distance of 100 feet unless otherwise stated:
1. Topographic contours at a minimum interval of two feet;
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for
sites adjacent to major arterial streets where the distances shall be 200 feet;
3. On-site streets and rights-of-way;
4. Ingress and egress points;
5. Traffic flow on-site;
6. Traffic flow off-site;
7. Utilities and utility rights-of-way or easements:
a. Electric;
b. Natural gas;
c. Telephone, cable TV;
d. Water; and
e. Sewer (sanitary treated effluent and storm);
8. Buildings and structures;
9. Parking facilities;
10. Water bodies;
11. Surface water holding ponds and drainage ditches surface water drainage
arrows;
12. Significant rock outcroppings;
13. Sidewalks, walkways, driveways, loading areas and docks, bikeways;
14. Fences and walls;
15. Exterior signs;
16. Exterior refuse collection areas;
17. Exterior lighting; and
18. Landscaping (detailed plan showing plantings, equipment, and the like):
a. Botanical and common names of vegetation to be used;
b. Size of plantings at time of planting and at maturity; and
c. Areas to be irrigated.
(c) Number of employee and non-employee parking spaces, existing and
proposed, and total square footage of each;
(d) Site statistics including site square footage, percent of site coverage (building
and parking), dwelling unit density, percent park or open space; and
(e) Reproducible copy of the site plan with appropriate signatures shall be
submitted upon approval.
(3)(4) Building information (on-site), including:
(a) Height above mean sea level of the lowest floor when the structure is
proposed to be located in a floodway or floodplain area;
(b) Gross square footage of existing and proposed structures; and
(c) Front, rear, and side elevations, with a description of exterior materials to be
used.
(D) Notification of site plan review.
(1) Major site plan. A notice of major site plan review shall be mailed at least ten
days prior to the Planning and Zoning Commission meeting to each owner of property
situated wholly or partially within 200 feet of the property to which the site plan relates.
The Zoning Administrator shall be responsible for mailing the notices. For the purpose
of giving mailed notice, the Zoning Administrator shall require the owner of the property
affected to furnish the names and addresses of all property owners within 200 feet of
the property.
(2) Minor site plan review. A notice of minor site plan review shall be mailed within
two working days of the date of the site plan application to each owner of property
situated wholly or partially within 200 feet of the property to which the site plan relates.
The Zoning Administrator shall be responsible for mailing the notices. For purpose of
giving mailed notice, the Zoning Administrator shall require the owner of the property
affected to furnish the names and addresses of all property owners within 200 feet of
the property.
(a) If written protest to any minor site plan is received from any notified property
owner within ten days of the mailing date of notification, the minor site plan shall
become reclassified a major site plan.
(b) No additional application shall be required, however, all requirements and
procedures governing major site plan shall then apply.
(E) Minor site plan review.
(1) In considering applications for minor site plan approval under this chapter, the
city staff, if authorized by the City Council, shall consider the following: relationship of
the plan elements to conditions both on and off the property; conformance to the city’s
zoning ordinance; conformance to the city’s general plan; the impact of the plan on the
existing and anticipated traffic and parking conditions; the adequacy of the plan with
respect to land use; pedestrian and vehicular ingress and egress; building location and
height; landscaping; lighting; provisions for utilities; site drainage; open space; loading
and unloading areas; grading; signage; screening; setbacks; and other related matters.
(2) The city staff shall meet with the applicant upon request. The city staff shall also
consider oral or written statements from the public or other city staff members. A
decision shall be made on a minor site plan within 15 days of the date of application.
(3) If the city staff shall determine that the proposed site plan will not be detrimental
to the health, safety, or welfare of the community nor will cause traffic congestion or
seriously depreciate surrounding property values and at the same time is in harmony
with the purposes and intent of this chapter, the plan for the area, and the general plan.,
the staff will recommend to the City Council, to grant the site plan approval, and the
conditions and safeguards be imposed as they deem necessary. Staff shall notify the
Planning and Zoning Commission at its next regular meeting of any site plan approvals.
(4) Minor site plan approval applications may be denied by city staff upon finding
and determination by the staff that the conditions required for approval do not exist.
(5) When a minor site plan approval application is denied by city staff, an appeal
may be taken to the Planning and Zoning Commission. If unusual or significantly difficult
conditions exist which affect the site plan, the Zoning Administrator may determine and
require that the site plan be reviewed and acted upon by the Planning and Zoning
Commission.
(F) Major site plan review.
(1) Hearing and recommendation by the Planning and Zoning Commission. A
major site plan shall be referred to the Commission for study and public hearing. In its
deliberations on the matter, the Commission shall consider oral or written statements
from the applicant, the public, city staff, and its own members. The Commission may
recommend approval or disapproval, or it may table the application. The application
may not be tabled more than two meetings in succession. Planning staff shall notify the
City Council, in writing, of the Planning and Zoning Commission recommendation. The
recommendation shall include the reasons for the recommendation and be transmitted
to the Council not more than 15 days after the public hearing in which the
recommendation was made.
(2) Decision by the City Council. The City Council after receipt of the report and
recommendation of the Planning and Zoning Commission, shall consider the major site
plan request. During the public hearing on the matter, the Council shall consider oral or
written statements from the applicant, city staff, the public, and its own members. The
Council may approve any request for conditional use permit, deny the request, or table
the request. The application may not be tabled more than two meetings.
(3) In considering applications for major site plan approval under this chapter, the
Planning and Zoning Commission and City Council shall consider the following:
relationship of the plan elements to conditions both on and off the property;
conformance to the city’s zoning ordinance; conformance to the city’s general plan; the
impact of the plan on the existing and anticipated traffic and parking conditions; the
adequacy of the plan with respect to land use; pedestrian and vehicular ingress and
egress; building location and height; landscaping; lighting; provisions for utilities; site
drainage; open space; loading and unloading areas; grading; signage; screening;
setbacks; and other related matters.
(F) APPROVED SITE PLAN. FOLLOWING THE TENTATIVE APPROVAL OF THE
SITE PLAN, THE APPLICANT SHALL PREPARE AND SUBMIT A FINAL SITE PLAN
TO THE SENIOR PLANNER THAT CONFORMS WITH THE TENTATIVE APPROVED
SITE PLAN AND ANY CONDITIONS OR TERMS OF APPROVAL. ONCE THE
SENIOR PLANNER DETERMINES THAT THE FINAL SITE PLAN CONFORMS TO
THE TENTATIVE APPROVED SITE PLAN AND ALL APPROVAL CONDITIONS, THE
SENIOR PLANNER SHALL CERTIFY THE FINAL SITE PLAN. THE CERTIFIED
FINAL SITE PLAN WILL THEN BE INCLUDED IN THE APPLICATION FOR
BUILDING PERMITS FOR THE SITE. DEVELOPMENT ACTIVITIES SHALL
SUBSTANTIALLY CONFORM TO THE FINAL SITE PLAN AND ANY CONDITIONS
OR RESTRICTIONS ATTACHED THERETO, AND ANY SUBSTANTIAL DEVIATION
FROM THE APPROVED FINAL SITE PLAN AND ANY CONDITIONS OR
RESTRICTIONS ATTACHED THERETO IS A VIOLATION OF THIS ORDINANCE.
(G) Duration of site plan approval. An approved site plan shall be valid for one year
from its date of approval, or until the zoning on a particular site lapse, whichever occurs
first. AN APPROVED FINAL SITE PLAN SHALL EXPIRE (1) YEAR FROM THE DATE
OF APPROVAL UNLESS EITHER A BUILDING PERMIT FOR THE DEVELOPMENT
REFLECTED IN THE FINAL SITE PLAN HAS BEEN OBTAINED OR AN EXTENSION
HAS BEEN OBTAINED PRIOR TO THE EXPIRATION DATE. A SINGLE ONE (1)
YEAR EXTENSION MAY BE GRANTED IF THE APPLICANT DEMONSTRATES
THAT CIRCUMSTANCES BEYOND THE OWNER’S CONTROL PREVENTED THE
OWNER FROM OBTAINING A BUILDING PERMIT AND/OR COMMENCING
CONSTRUCTION WITHIN ONE (1) YEAR OF THE DATE THE FINAL SITE PLAN
WAS APPROVED AND THAT NO CHANGES IN CITY CODES OR ORDINANCES
(INCLUDING CHANGES IN THIS ORDINANCE AND THE ENGINEERING DESIGN
AND DEVELOPMENT STANDARDS) THAT WOULD HAVE SIGNIFICANTLY
ALTERED THE REQUIREMENTS FOR THE PRIOR FINAL SITE PLAN APPROVAL.
REQUESTS FOR EXTENSIONS HEREUNDER SHALL BE APPROVED BY THE
AUTHORITY THAT APPROVED THE FINAL SITE PLAN FOR WHICH THE
EXTENSION IS BEING SOUGHT. UPON EXPIRATION OF THE FINAL SITE PLAN
OR ANY EXTENSION THERETO, THE PROPERTY OWNER WILL BE REQUIRED
TO FILE A NEW APPLICATION FOR SITE PLAN APPROVAL BEFORE
UNDERTAKING ANY DEVELOPMENT ACTIVITIES ON THE SITE.
(H) Amendments to approved FINAL site plans.
(1) Any amendment or modification to an approved FINAL site plan shall be
submitted for approval. All amendments shall be shown on a revised site plan drawing.
(2) Amendments to minor site plans shall be submitted to city staff who may, if
authorized by the City Council, approve the amendment(s) if they determine that the
amendment(s) are acceptable to the city.
(3) (2) Amendments to major FINAL site plans shall be resubmitted and shall be
subject to divisions (C), (D), and (F) (E) above.
(I) Appeals. A person aggrieved by a decision of the City Council may file a
complaint for special action in the superior court to review the City Council decision.
(I) APPEAL PROCEDURE.
(1) AN APPLICANT MAY APPEAL THE SENIOR PLANNER'S DECISION ON
ANY SITE PLAN APPLICATION TO THE CITY COUNCIL. THE APPEAL SHALL BE
FILED WITH THE REQUIRED DOCUMENTS AND ANY PROCESSING FEE.
(2) THE APPEAL WILL BE PROCESSED PURSUANT TO THE PROCEDURES
SET FORTH IN THE CITY OF EL MIRAGE ZONING CODE CHAPTER §154.161.
(3) PERSONS WITH STANDING WHO ARE AGGRIEVED BY A DECISION OF
THE CITY COUNCIL HEREUNDER MAY, WITHIN THIRTY (30) DAYS AFTER THE
COUNCIL RENDERS ITS DECISION, FILE A COMPLAINT FOR SPECIAL ACTION
IN THE SUPERIOR COURT OF MARICOPA COUNTY TO REVIEW THE COUNCIL’S
DECISION.