Page 234 - Des Moines - Zoning, Planning and Design Ch 134, 135

135-6. reVieW AND APPrOVAl PrOceDUreS DRAFT

Site Plans

a new application may be submitted for further that the site plan is in substantial conformance and
consideration. phased permits can be issued.
5. If a public hearing site plan is approved subject B. No permanent certificate of occupancy may be
to specific conditions and all administrative issued for such development until all terms and
review comments, the applicant must revise the conditions of the approved site plan have been
site plan in accordance with those conditions satisfactorily completed or provided for.
and comments and resubmit the plan for review. c. Construction, grading, or other development
The community development director must activities may be carried out only in compliance with
act on all resubmitted public hearing site plans the certified site plan.
within 15 business days of their receipt.
6. If a public hearing site plan is approved, the D. When a site plan has been approved for property
pursuant to this article, the property must be used
applicant must submit signed and dated digital and maintained in compliance with the approved
and reproducible copies of the site plan to site plan. No person may use property in a manner
the community development director, and the or physical condition that does not conform to the
community development director must provide approved site plan for such property.
written verification of approval, along with the
date of approval. 6.1.10 reSUBMiSSiONS AND AMeNDMeNtS
7. The community development department must A. Resubmission of any site plan due to changes
retain the duly certified copy in the department’s required or made to the site plan as previously
permanent files. The applicant is responsible submitted may be made in accordance with
for securing and submitting duly certified copies schedule of fees adopted by the city council.
of the approved site plan as required to secure B. An approved site plan may be amended in
building and other permits in accordance with accordance with the site plan review procedures of
this code and state law.
this article. However, the community development
6.1.7 eFFectiVe DAte OF Site PlAN APPrOVAl director is authorized to waive applicable review
An approved site plan becomes effective upon and approval procedures and fees if the community
certification by the community development director. If development director determines that a proposed
an appeal is filed, a site plan does not become effective amendment involves only a minor change in
until all appeals have been decided. the approved site plan. Any such waiver by the
community development director must be in writing.
6.1.8 lAPSe OF Site PlAN APPrOVAl Within the meaning of this section, minor changes
The approval of any site plan required by this article include, but are not limited to, the following:
remains valid for 2 years after the date that the site 1. A change to move building walls within the
plan is certified as approved, after which time the confines of the smallest rectangle that would
site plan lapses and is of no further effect unless have enclosed each originally approved building
the development has not been established or actual or to relocate building entrances or exits or to
construction has commenced. For the purpose of this shorten building canopies.
section, “actual construction” means that the installation
of permanent construction materials has commenced 2. A change to a more restrictive use, provided
and is proceeding without undue delay. Preparation there is no reduction in the amount of off-street
of plans, securing financial arrangements, issuance parking as originally approved.
of building permits, letting of contracts, grading and 3. A change in angle of parking or in aisle width, in
excavation, or stockpiling of materials on the site does accordance with zoning ordinance requirements,
not constitute actual construction. provided there is no reduction in the amount of
off-street parking as originally approved.
6.1.9 PerMitS AND cONtiNUiNG cOMPliANce
A. No permit may be issued for any development 4. A change in location of ingress and egress drives
of not more than 100 feet, provided such change
requiring site plan approval until a site plan has is required by the engineering department.
been submitted and certified approved for such
development in accordance with this article unless 5. A substitution of plant species, provided a
the community development director determines certified nurseryperson or landscape architect
certifies the substituted species is similar in

135-6-4 DRAFT AuGuST 3, 2017