§ 1-3-5 Site Plan Requirement and Review Process.
A. APPLICABILITY. Site Plan approval is required prior to development activities on property located in zoning districts for which site plan review is required as specified in this Ordinance. This includes, by way of example, but not limitation: all uses within commercial and industrial zoning districts; all uses in certain residential districts such as multi-family residential district; manufactured home subdivision district; mobile home/recreational vehicle district; and uses in residential districts that require a Use Permit. Site Plan review for single-family, two-family uses and model home complexes shall be done concurrently with an application for a building permit for such uses.
B. APPROVAL AUTHORITY. Except as otherwise expressly provided in this Ordinance or as otherwise required by City Council as a stipulation in a zoning amendment, the Zoning Administrator shall have the authority to approve, conditionally approve, or deny any application seeking approval of Site Plan or an amended Site Plan. Violation of any conditions imposed by the Zoning Administrator shall be considered a violation of this Ordinance, and shall render any permit null and void.
C. PURPOSE. The Site Plan review process promotes the health, safety and welfare of the citizens of the city and the general public by promoting safe, functional, attractive, harmonious, and compatible development within the city and insuring 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 and the requirements of this Ordinance, City of Goodyear Code of Ordinances, the Engineering Standards, and any other applicable federal, state, and/or local laws, ordinances, codes, rules, regulations, policies, and guidelines.
D. CITY COUNCIL APPROVAL. Where Planning and Zoning Commission and/or City Council approval of a Site Plan is required, the recommendation of the Committee on the Site Plan shall be transmitted to the Planning and Zoning Commission and/or City Council by the Zoning Administrator. The Planning and Zoning Commission and/or City Council may approve, conditionally approve or deny the Site Plan.
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 Administrative Process Manual and Engineering Standards.
1. Applications for a Site Plan shall be filed with the Development Services Department on form(s) provided by the Development Services Department and shall include all of the information identified in the: application form(s), in the section of the Administrative Process Manual related to Site Plans; in the Engineering Standards, and any other data that may be required by the Zoning Administrator which is needed to insure compliance with applicable requirements.
2. Site Plan applications shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted.
F. REQUIREMENTS. A Site Plan and the development reflected therein shall be consistent with the goals and objectives of the City’s General Plan; shall comply with the specific requirements for the zoning district in which it is located; shall comply with all Zoning Conditions attached to the property; and shall comply with the requirements set forth in:
1. this Ordinance;
2. the Subdivision Regulations;
3. the Engineering Standards;
4. the Flood Prevention Regulations;
5. any applicable Development Agreement;
6. any applicable Development Master Plan; and,
7. all other applicable federal, state, and/or local laws, ordinances, codes, rules, regulations, policies and/or guidelines.
G. REVIEW. The Development Review Committee shall review the Site Plan for compliance with all applicable requirements. The review procedure is intended to be applied in a flexible manner to allow for creative designs, varying development concepts, locations and innovative response to applicable requirements. In the review, the Committee shall be guided by the following design review criteria and principles of development:
1. The proposed development complies with all provisions of this Ordinance and all other ordinances, master plans, general plans, goals, objectives and standards of the City of Goodyear.
2. The proposed development does not have any detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood, and shall not be detrimental or injurious to the neighborhood.
3. The proposed development promotes a desirable relationship of structures to one another, to open spaces, and to topography both on the site and in the surrounding neighborhood.
4. The height, location, materials, color, texture, area, setbacks, and mass of any structures, buildings, walls, signs, lighting, and landscaping is appropriate to the development, the neighborhood, and the community.
5. Ingress, egress, internal and external traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways, are so designed as to promote safety and convenience and to be aesthetically pleasing.
6. The architectural character of the proposed structures is in harmony with, and compatible to, structures in the neighboring environment and the architectural character desired for the City; avoiding excessive variety or monotonous repetition.
7. Mechanical equipment, appurtenances and utility lines are concealed from view or are otherwise integral to the building and site design.
8. Street lights shall be installed along all perimeter streets and streets within the development in accord with City standards.
H. APPROVED SITE PLAN. Following the approval of the Site Plan, the applicant shall prepare and submit a Final Site Plan to the Zoning Administrator that conforms to the Site Plan approved and any conditions and/or terms of approval. Upon the Zoning Administrator’s determination that the Final Site Plan conforms to the approved Site Plan and the conditions and/or terms of approval, the Zoning Administrator shall certify the Final Site Plan and the certified Site Plan shall be included in the application for building permits for the site. Development activities shall substantially conform with the approved Site Plan and any conditions or restrictions attached thereto, and any substantial deviation from the approved Site Plan and any conditions or restrictions attached thereto is a violation of this Ordinance.
I. PERIOD OF APPROVAL. An approved Site Plan shall expire (1) year from the date of approval unless either a building permit for the development reflected in the Site Plan has been obtained and construction commenced 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 Site Plan was approved and that no changes in City codes or ordinances (including changes in this Ordinance and the Engineering Standards) that would have significantly altered the requirements for the prior Site Plan approval. Requests for extensions hereunder shall be approved by the authority that approved the Site Plan for which the extension is being sought. Upon expiration of the 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.
J. APPEAL PROCEDURE.
1. An applicant may appeal the decision of the Zoning Administrator on any Site Plan application to the Planning and Zoning Commission. The appeal, along with any required processing fee, shall be filed in writing to the Development Services Department Director within fifteen (15) working days of the date of the decision is issued in writing. The appeal shall give reasons for the appeal and the relief requested.
2. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual adopted by the City Council.
3. The Planning and Zoning Commission may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the Planning and Zoning Commission shall be in writing and shall be binding, unless such decision is appealed to the City Council.
4. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council. The appeal, along with any required processing fee, shall be filed in writing with the City Clerk within fifteen (15) working days from the date of the decision by the Planning and Zoning Commission. The appeal shall provide reasons for the appeal and the relief requested.
5. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual adopted by the City Council.
6. The City Council may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the City Council shall be in writing and shall be final.
7. Persons with standing who are aggrieved by a decision of the City Council hereunder may, within thirty (30) days after the Council rendered its decision, file a complaint for special action in the superior court of Maricopa County to review the Council’s decision.