HomeMy WebLinkAboutChapter_34 Site Plan Review
Title 18
Chapter 34
SITE PLAN REVIEW
18.34.010 Introduction
A. All non-subdivision development proposals within the City will be subject to plan review and
approval. Depending on the complexity of development and status of proposed use in the applicable
zoning district, either sketch plans, site plans or conditional use permits will be required as specified
in this chapter.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be
submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the
type of proposal. These additional submittal requirements and review procedures are outlined in
§18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entryway corridor overlay
district, or proposes signs which do not specifically conform to the requirements of this title, design
review is required in conjunction with either sketch plan or site plan review. In such cases, additional
submittal requirements and review procedures apply as outlined in §18.78.090, BMC.
D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under
certain circumstances, be acceptable. When such circumstances can be demonstrated to exist, a
conditional use permit may be granted by the Board of Adjustment. Conditions may be applied to the
issuance of the permit and periodic review may be required. No conditional use permit shall be
granted for a use which is not specifically designated as a conditional use in this title.
E. Approval shall be granted for a particular use and not for a particular person or firm.
F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant portions of
this title.
G. Applications subject to this chapter shall be reviewed under the authority established by Chapter
18.64, BMC.
18.34.020 Classification of Site Plans
A. All developments within the City, except individual single-household, two-household, three-
household and four-household residential structures, each on individual lots, and other development
proposals specifically identified as requiring only sketch plan review, shall be subject to site plan
review procedures and criteria of this chapter and the applicable submittal requirements of Chapter
18.78, BMC. For the purposes of this title, site plans will be classified as either a master site plan or a
site plan.
B. A master site plan is a generalized development plan that establishes building envelopes and overall
entitlements for complex, large-scale projects that will require multiple years to reach completion.
Use of a master site plan is an option and not required. A master site plan involves one or more of the
following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. Fifty thousand or more square feet of office space, retail commercial space, service commercial
space or industrial space;
3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks;
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than two-hundred vehicles.
C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36, BMC,
in addition to this chapter.
D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC,
in addition to this chapter.
E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regulations
contained in Chapter 18.40, BMC, in addition to this chapter
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18.34.030 Special development proposals - Additional application requirements, review procedures
and review criteria
A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood
plain development permits, variances, etc.) shall include:
1. The required information for site plans described in §18.78.090, BMC;
2. Any additional application information required for specific reviews as listed in the following
chapters of this title:
a. §18.36, Planned Unit Development;
b. §18.40, Standards for Specific Uses;
c. §18.54, Telecommunications;
d. §18.58, Bozeman Floodplain Regulations; and
e. §18.66, Appeals, Deviations and Variance Procedures;
B. Review Procedures and Review Criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following chapters of this title:
1. §18.34.100, Conditional Use Procedure;
2. §18.36, Planned Unit Development;
3. §18.40, Standards for Specific Uses;
4. §18.54, Telecommunications;
5. §18.58, Bozeman Floodplain Regulations; and
6. §18.66, Appeals, Deviations and Variance Procedures.
18.34.040 Review Authority
A. The City Commission, Board of Adjustment and Planning Director have the review authority
established in §18.64.010, BMC.
B. The Development Review Committee, Design Review Board, Administrative Design Review Staff,
and Wetlands Review Board have the review authority established in Chapter 18.62, BMC.
C. Site Plan Design Review Thresholds. When a development is subject to design review and meets one
or more of the following thresholds the Design Review Board shall have responsibility for conducting
the design review.
1. Twenty or more dwelling units in a multiple household structure or structures;
2. Thirty thousand or more square feet of office space, retail commercial space, service commercial
space or industrial space;
3. More than two buildings on one site for permitted office uses, permitted retail commercial uses,
permitted service commercial uses, permitted industrial uses or permitted combinations of uses;
4. Twenty thousand or more square feet of exterior storage of materials or goods; or
5. Parking for more than sixty vehicles.
18.34.050 Sketch plan review
A. Sketch Plan Submittal Requirements.
1. Certain independent development proposals (i.e., not in conjunction with other development) are
required to submit only sketch plans meeting the requirements of §18.78.110, BMC.
2. Separate construction plans are necessary for building permits when the proposal requires such
permits. Additional information is also necessary when the proposal requires the issuance of a
certificate of appropriateness (see §18.34.110 and §18.78.090, BMC).
3. Examples of independent projects which qualify for sketch plan review are: individual single-
household, two-household, three-household, and four-household residential units, each on
individual lots; accessory dwelling units in the R-2, R-3 and R-4 districts; manufactured homes
on individual lots; fences; signs in compliance with the requirements of this title; regulated
activities in areas with regulated wetlands not in conjunction with a land development proposal;
special temporary uses; and accessory structures associated with these uses. Other similar projects
may be determined by the Planning Director to require only sketch plan review. The Planning
Director shall determine all submittal requirements.
B. Sketch Plan Review Procedures.
1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a
certificate of appropriateness shall be submitted to the Planning Department staff for a
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determination of compliance with the requirements of this title. Once compliance is achieved, the
application will be approved for construction or referred to the appropriate permitting authorities.
2. Certificate of Appropriateness Required. Sketch plans, including the material required by
§18.78.090, BMC, and such additional information as may be required for projects which require
a certificate of appropriateness as per §18.34.110, BMC shall be submitted to the ADR staff, who
shall review the proposal for compliance with this title, including compliance with the applicable
overlay district requirements. Once compliance is achieved, the application will be approved for
construction or referred to the appropriate permitting authorities. Review and approval authority
for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR
staff consists of less than two members.
C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable
requirements of this title including overlay district requirements and the cessation of any current
violations of this title, exclusive of any legal nonconforming conditions.
18.34.060 Application of Site Plan Review Procedures
A. These procedures shall apply to all developments within the City except for development proposals
specified as requiring only sketch plan review.
B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior
to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which site plan review is required until
certification has been provided demonstrating that all terms and conditions of site plan approval have
been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all
standards of this title apply whether explicitly mentioned in the record of the review or not. An
omission or oversight of a nonconformity with the standards of this title in the site plan shall not
constitute approval of such nonconformance. Any nonconformance which was not the subject of an
explicitly approved deviation or variance may be required to be cured at such time the City becomes
aware of the nonconforming condition’s existence.
E. In the event that the volume of site development applications submitted for review exceeds the ability
of the City to process them simultaneously, preference in order of scheduling will be given to those
projects which provide the most affordable housing in excess of minimum requirements, as measured
by the total number of affordable units.
18.34.070 Site Plan Review Procedures
A. Completeness of Application.
1. The Planning Department shall review the application within five working days to determine if
the application is does not omit any of the submittal elements required by this title. If the
application does not contain all of the required elements, the application, review fee and a written
explanation of what the application is missing shall be returned to the property owner or their
representative. The five working day review period will be considered met if the letter is dated,
signed and placed in the outgoing mail within the five day review period.
2. After the application is deemed to contain the required elements it shall be reviewed for
completeness. A determination of completeness means the application contains all of the required
elements in sufficient detail and accuracy to enable the applicable review agency to make a
determination that the application either does or does not conform to the requirements of this title
and any other applicable regulations under the jurisdiction of the City of Bozeman. The review
for completeness shall be conducted by the appropriate agency with expertise in the subject
matter. The completeness review period shall begin on the next working day after the date that
the Planning Department determines the application to contain all the required elements and shall
be completed within not less than 15 working days. The 15 working day review period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working
day review period. If the application is incomplete, the application, review fee and a written
explanation of why the application is incomplete will be returned to the property owner or their
representative. A determination that an application is complete does not restrict the City from
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requesting additional information during the site plan review process. Upon a determination of
sufficiency the review of the development will be scheduled.
3. Should the property owner choose not to provide the required information after an application has
been found insufficient, nor to accept return of the application and accompanying fee, the
application may be processed by the City with the recognition by the property owner that
incompleteness is an adequate basis for denial of the application regardless of other merit of the
application.
4. The DRC may grant reasonable waivers from submittal of application materials required by these
regulations where it is found that these regulations allow a waiver to be requested and granted. If
in the opinion of the final approval authority the waived materials are necessary for proper review
of the development, the materials shall be provided before review is completed.
5. In order to be granted a waiver the applicant shall include with the submission of the preliminary
site plan a written statement describing the requested waiver and the reasons upon which the
request is based. The final approval body shall then consider each waiver at the time the
preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of
the preliminary site plan stage of review.
B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according
to the procedures established by this title. After review of the applicable submittal materials required
by Chapter 18.78, BMC, and upon recommendation by the appropriate review bodies, the Planning
Director, Board of Adjustment, or City Commission shall act to approve, approve with conditions or
deny the application, subject to the appeal provisions of Chapter 18.66, BMC. The basis for the
Planning Director’s, Board of Adjustment’s, or City Commission’s action shall be whether the
application, including any required conditions, complies with all the applicable standards and
requirements of this title, including § 18.02.050, BMC..
1. Site Plan. The Planning Director shall provide an opportunity for the public to comment upon
development proposals. The duration of the initial comment period shall be included in any notice
required by Chapter 18.76, BMC. The comment period shall be from the date of the first
consideration of the complete preliminary plan and supplementary materials by the DRC until
5:00 pm on the third working day after DRC and other review bodies as may be appropriate have
taken action regarding the proposal.
a. The Planning Director, after receiving the recommendations of the DRC, ADR, DRB or WRB,
shall act to approve, approve with conditions or deny an application within ten working days
of the close of the public comment period. The Planning Director’s decision shall be in
writing and shall include any special conditions which are to be applied to the development.
(1) After formal notice of a project review has been given, interested parties may request in
writing to receive a copy of the director’s decision regarding an application. Persons
making such a request shall provide an addressed envelope for use in delivering their copy
of the decision.
2. Site Plan with Deviations or Variances and Conditional Use Permits. The Board of Adjustment
shall provide an opportunity for the public to comment upon a proposed site plan or conditional
use permit. The ending date of the comment period shall be included in the notice required by
Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the
complete preliminary plan and supplementary materials by the DRC until the decision by the
Board of Adjustment.
a. The Board of Adjustment, after receiving the recommendations of the DRC, ADR, DRB or
WRB, shall act to approve, approve with conditions or deny an application. The Board of
Adjustment’s decision shall be in writing and shall include any special conditions which are
to be applied to the development.
3. Master Site Plan. The City Commission shall provide an opportunity for the public to comment
upon a proposed master site plan. The duration of the comment period shall be included in any
notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first
consideration of the complete preliminary plan and supplementary materials by the DRC until the
decision by the City Commission.
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a. The City Commission, after receiving the recommendations of the DRC, ADR, DRB or WRB,
shall act to approve, approve with conditions or deny an application. The City Commission’s
decision shall be in writing and shall include any special conditions which are to be applied to
the development.
18.34.080 Application for conditional use permit - Notice requirements
A. The person applying for a conditional use permit shall fill out and submit to the Planning Director the
appropriate form with the required fee. The request for a conditional use permit shall follow the
procedures and application requirements of this chapter.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the
Board of Adjustment. Notice of the Board of Adjustment public hearing shall be provided in
accordance with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and
the conditional use permit may be filed and acted upon simultaneously, however the conditional use
permit shall not be effective until zoning has been approved by the City Commission.
18.34.090 Site Plan and Master Site Plan Review Criteria
A. In considering applications for site plan approval under this title, the Planning Director, Board of
Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall
consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of site plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods and other approved development relative to architectural design, building
mass and height, neighborhood identity, landscaping, historical character, orientation of
buildings on the site and visual integration;
b. Design and arrangement of the elements of the site plan (e.g., buildings, circulation, open space
and landscaping, etc.) so that activities are integrated with the organizational scheme of the
community, neighborhood, and other approved development and produce an efficient,
functionally organized and cohesive development;
c. Design and arrangement of elements of the site plan (e.g., buildings circulation, open space and
landscaping, etc.) in harmony with the existing natural topography, natural water bodies and
water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site
configuration; and
d. If the proposed project is located within a locally designated historical district, or includes a
locally designated landmark structure, the project is in conformance with the provisions of
Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and
vehicles can move safely and easily both within the site and between properties and activities
within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to enhance convenience
and safety across parking lots and streets, including, but not limited to, paving patterns, grade
differences, landscaping and lighting;
c. Adequate connection and integration of the pedestrian and vehicular transportation systems to
the systems in adjacent developments and general community; and
d. Dedication of right-of-way or easements necessary for streets and similar transportation
facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space and pedestrian areas, and the preservation or replacement of natural vegetation;
8. Open space, including:
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a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas;
c. If the development is adjacent to an existing or approved public park or public open space area,
have provisions been made in the site plan to avoid interfering with public access to and use
of that area;
d. Is any provided recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses;
e. For residential site plans, does the configuration of open space otherwise required by this title
provide for a minimum of 150 square feet landscaped area per dwelling unit suitable for
active recreational activities. Such required areas are generally to be configured in one or
more areas with a relationship between the length and width of such area(s) to not exceed 3:1,
a slope of 10 percent or less, and without non-recreational structures or detention/retention
ponds; and
f. For residential site plans unless otherwise provided through the subdivision or planned unit
development review process, is an amount of park land or its equivalent equal to that required
by §18.50.020, BMC for the proposed number of dwelling units set aside within the project
boundaries, and configured for active recreational use by the residents of the project; or has
the developer proposed to provide its equivalent as may otherwise be allowed by this title.
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other means of
addressing requirements of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration or use of
the property or cause the development to become nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which the City is a
party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
B. In considering applications for master site plan approval under this title, the City Commission, DRC,
and when appropriate, the ADR staff, DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. A generalized site plan showing the orientation and relationships among key plan elements both
on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods in terms of overall site organization and building mass and height;
b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) so that activities are integrated with the structure of the surrounding area
and produce an efficient, functionally organized and visually cohesive development that
contributes to the overall aesthetic quality of the area; and
c. If the proposed project is located within a locally designated historical district, or includes a
locally designated landmark structure, a statement describing how the project is in
conformance with the provisions of Chapter 18.28, BMC;
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5. A statement accompanying the site plan describing the generalized architectural character and its
relationship to and compatibility with the historical character of the area, generalized landscape
concept including treatment of public space and relationship to the surrounding area, and visual
and aesthetic integration of the proposed development into the surrounding area and its effect on
the identity of the adjacent neighborhood;
6. The impact of the proposed development on the existing and anticipated traffic and parking
conditions, including identification of the traffic generation and parking needs of individual plan
elements;
7. Pedestrian and vehicular ingress, egress and circulation, including:
a. Overall pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can
move safely and easily both within the site and between properties and activities within the
neighborhood area;
b. Non-automotive transportation and circulation systems design features to enhance convenience
and safety across parking lots and streets;
c. Adequate connection and integration of the pedestrian and vehicular transportation systems to
the systems in adjacent developments and general community; and
d. Dedication and/or abandonment of rights-of-way or easements necessary for efficient land use
and accompanying streets and related transportation facilities;
8. Open space, if required under the zoning classification(s) of the proposed development,
including:
a. Enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas;
c. Provisions to avoid interfering with public access to and use of any adjacent parks and other
open space;
d. Provision of recreational areas suitably located and configured, and accessible to the residential
units it is intended to serve; and
e. Adequacy of open space as required within this title;
9. Generalized building gross area (square feet), building locations, building envelopes, and building
heights;
10. Setbacks;
11. Generalized lighting concept as pertains to public safety;
12. Generalized provisions for utilities, including efficient public services and facilities;
13. Generalized site surface drainage and stormwater control;
14. Generalized locations of loading and unloading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, outdoor storage and utility areas;
18. Overlay district provisions where applicable; and
19. Other related matters, including relevant comment from affected parties.
C. If the Planning Director, Board of Adjustment, or City Commission, after recommendation from the
DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed site plan or
master site plan will not be detrimental to the health, safety or welfare of the community, is in
compliance with the requirements of this title and is in harmony with the purposes and intent of this
title and the Bozeman growth policy, approval shall be granted, and such conditions and safeguards
may be imposed as deemed necessary. Notice of action shall be given in writing.
D. Site plan approval or master site plan approval may be denied upon a determination that the
conditions required for approval do not exist. Persons objecting to the recommendations of review
bodies carry the burden of proof. A denial of approval shall be in writing.
E. Following approval of a master site plan, the applicant shall submit to the Planning Department,
sequential individual site plans for specific areas within the master site plan. Each subsequent
application for a site plan shall be consistent with the approved master site plan and subject to the
review criteria set forth in subsection A above. Evidence that the review criteria have been met
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through the master site plan review process may be incorporated by reference in order to eliminate
duplication of review.
18.34.100 Board of Adjustment Consideration and Record for Conditional Use Permits
A. The Board of Adjustment, in approving a conditional use permit, shall review the application against
the review requirements of §18.34.090, BMC;
B. In addition to the review criteria of §18.34.090, BMC, the Board of Adjustment shall, in approving a
conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect the public
health, safety and general welfare. Such conditions may include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an orderly and
efficient manner.
C. The Board of Adjustment shall, in addition to all other conditions, impose the following general
conditions upon every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure; and
2. That all of the special conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the
owner of the land, his successors or assigns, shall be consented to in writing, and shall be
recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the
issuance of any building permits, final site plan approval or commencement of the conditional
use.
D. Applications for conditional use permits may be approved, conditionally approved or denied by
motion of the Board of Adjustment. If an application is denied, the denial shall constitute a
determination that the applicant has not shown that the conditions required for approval do exist.
E. The applicant shall be notified in writing of the action taken by the Board of Adjustment within seven
working days of its action. If the conditional use permit has been granted the notification shall include
any conditions, automatic termination date, period of review or other requirements. If the conditional
use permit has been granted, the permit shall be issued upon the signature of the Planning Director
after completion of all conditions and final site plan.
18.34.110 Certificates of Appropriateness - Additional Review Procedures and Review Criteria
A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Independent
sign proposals (i.e., not in conjunction with other development) which do not specifically conform to
the requirements of this title, are required to submit full site plans. Additional site design information,
in sufficient detail to demonstrate compliance with the Design Objective Plan, encompassing the
property’s location shall be provided. If no Design Objectives Plan has been prepared for the location,
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additional site design information, if necessary, shall be determined by the ADR staff. All signs shall
comply with the dimensional standards of this title unless a deviation or variance has been properly
granted.
B. Review Procedures and Criteria for Certificates of Appropriateness.
1. Certificates of appropriateness shall only be issued according to procedures and criteria specified
in Chapters 18.28, 18.30, 18.36 and 18.62, BMC.
2. Sign proposals which specifically conform to the requirements of this title shall be reviewed
according to procedures and criteria outlined in Chapter 18.52, BMC.
18.34.120 Public Notice Requirements
A. Public notice of development proposals and approvals subject to this chapter shall be provided as
required by Chapter 18.76, BMC.
18.34.130 Final Site Plan
A. No later than six months after the date of approval of a preliminary site plan or master site plan, the
applicant shall submit to the Planning Department a final site plan with accompanying application
form and review fee. The number of copies of the final site plan to be submitted shall be established
by the Planning Director. The final site plan shall contain the materials required in §§18.78.080
and18.78.090 BMC and whatever revisions to the preliminary site plan or master site plan are
required to comply with any conditions of approval. Prior to the passage of six months, the applicant
may seek an extension of not more than an additional six months from the Planning Director.
B. In addition to the materials required in subsection A of this section, the owner shall submit a
certification of completion and compliance stating that they understand any conditions of approval
and the submitted final site plans or master site plan have complied with any conditions of approval
or corrections to comply with code provisions.
C. In addition to the materials required in subsections A and B of this section, the owner shall submit a
statement of intent to construct according to the final site plan. Such statement shall acknowledge that
construction not in compliance with the approved final site plan may result in delays of occupancy or
costs to correct noncompliance.
D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the
passage of one year, the applicant may seek an extension of not more than one additional year from
the Planning Director. In such instances, the Planning Director shall determine whether the relevant
terms of this title and circumstances have significantly changed since the initial approval. If relevant
terms of this title or circumstances have significantly changed, the extension of the approval shall not
be granted.
E. Following approval of a final master site plan, the final master site plan shall be in effect for not more
than five years. Owners of property subject to the master site plan may seek appropriate extensions.
Approval of an extension shall be made by the City Commission upon recommendation of the
Planning Director. Approval shall be granted if the City Commission determines that the relevant
terms of this title and circumstances have not significantly changed since the initial approval.
F. Upon approval of the final site plan by the Planning Director the applicant may obtain a building
permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and approval of a
master site plan does not entitle an applicant to obtain any building permits.
18.34.140 Building Permits Based Upon Approved Sketch or Site Plans
Based upon the approved sketch or final site plan (hereinafter referred to as “plan”), and after any appeals
have been resolved, a building permit for the site may be requested and may be granted pursuant to
Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site plan
whose approval has expired.
18.34.150 Amendments to Sketch and Site Plans
A. It is the intent of this section to assure that issues of community concern are addressed during the
redevelopment, reuse or change in use of existing facilities in the community. Specific areas of
community concern include public safety, mitigation of off-site environmental impacts and site
character in relation to surroundings. The following procedures for amendments to approved plans,
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reuse of existing facilities and further development of sites assure that these concerns are adequately
and expeditiously addressed.
B. Any amendment to or modification of a site plan or master site plan approved under the ordinance
codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning
Director for review and possible approval. Proposals for further development, reuse or change in use
of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan.
All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be
reviewed and may be approved by the Planning Director upon determining that the amended plan is
in substantial compliance with the originally approved plan. If it is determined that the amended plan
is not in substantial compliance with the originally approved plan, the application shall be resubmitted
as a new application and shall be subject to all standards and site plan review and approval provisions
of this title. Substantial compliance may be shown by demonstrating that the amendments do not
exceed the thresholds established in §18.34.170.B, BMC.
C. Modifications or amendments to a master site plan at the time an extension of approval is sought may
be proposed by either the applicant or the City Commission, and shall be based on substantive current
information that indicates that relevant circumstances have changed and that such circumstances
support the proposed modifications. Such circumstances may include market analyses, economic
conditions, changes in surrounding land uses, changes in ownership, etc.
18.34.160 Modification or enlargement of structures authorized under a conditional use permit
Any proposed additions, enlargements or modifications of the structures approved in any conditional use
permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject
to this chapter.
18.34.170 Reuse, Change in Use or Further Development of Sites Developed Prior to the Adoption
of the Ordinance Codified in This Title
A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1991
- Ordinance 1332) shall be considered to have developed under an approved plan. Proposals for reuse,
change in use or the further development of sites legally developed prior to the adoption of the
ordinance codified in this title may be approved by the Planning Director upon determining that no
significant alteration of the previous use and site are proposed, and upon review by the City Engineer
or designee to assure that adequate access and site surface drainage are provided. All such proposals
shall be shown on a plan drawing as required by the Planning Director.
B. The criteria for determining that no significant alteration of the previous use and site will result from
the proposed reuse, change in use or further development of a site shall include but not be limited to
the following:
1. The proposed use is allowed under the same zoning district use classification as the previous use,
however replacement of nonconforming uses must comply with the provisions of Chapter 18.60,
BMC;
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings,
storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity
of use as measured by parking requirements, traffic generation or other measurable off-site
impacts;
a. By more than 20 percent for developments not meeting one or more of the criteria of
§18.62.010.A.2.e; OR
b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of
§18.62.010.A.2.e ;
3. The proposed use does not continue any unsafe or hazardous conditions previously existing on
the site or associated with the proposed use of the property.
C. If it is determined that the proposed reuse, change in use or further development of a site contains
significant alterations to the previous use and/or site, the application shall be resubmitted as a new
application and shall be subject to all plan review and approval provisions of this chapter.
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB
may be required to determine whether resubmittal as a new application is necessary.
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18.34.180 Improvements to existing developed sites independent of site plan review
A. The continued improvement of existing developed sites is desired to increase the level of compliance
with the provisions of this title. An applicant may propose improvements, not in association with a
site plan review, to increase conformity with the standards of this title for landscaping, lighting,
parking or similar components of a site to occur over a defined period of time, not to exceed three
years. Such improvements shall be depicted on a site plan drawn to scale and which shall be
sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed
improvements and any phasing of work. Such improvements shall be reviewed by and approved at
the discretion of the Planning Director. The Planning Director may require surety in accordance with
the terms of Chapter 18.74, BMC for work performed.
18.34.190 Special temporary use permit
A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which
are required for the proper function of the community or are temporarily required in the process of
establishing a permitted use, constructing a public facility or providing for response to an emergency.
Such uses shall be so conducted that they will not be detrimental in any way to the surrounding
properties or to the community. Uses permitted subject to a special temporary use permit may
include:
1. Carnivals, circuses, special events of not over seventy-two consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the Planning Director may deem to be within the intent and purpose of this
section.
B. Application and Filing Fee. Application for a special temporary use permit may be made by a
property owner or his authorized agent. Such application shall be filed with the Planning Director
who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64,
BMC. The Planning Director may also require any information deemed necessary to support the
approval of a special temporary use permit, including site plans per this chapter.
C. Decision. Application for a special temporary use permit shall be reviewed by the Planning Director
who shall approve, conditionally approve or disapprove such application. Approval or conditional
approval shall be given only when in the judgment of the Planning Director such approval is within
the intent and purposes of this chapter.
D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and other
conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties.
Such conditions may include, but are not limited to, the following:
1. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;
and/or
6. Such other conditions deemed necessary to carry out the intent and purpose of this section.
18.34.200 Appeals
Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66,
BMC. In such event, any plan review approval and associated right to proceed with development shall be
stayed until the appeal process has been completed.
18.34.210 Improvements
Chapter
Improvements depicted on an approved site plan shall be installed subject to the requirements of
18.74, BMC.
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