§ 44-890. Principles to be followed.

In carrying out the purpose of site plan and development approval the following principles shall be given primary consideration:

(1)

It is not the purpose of this chapter that design control should stifle architectural design or individual initiative as to particular style of architecture selected; rather, it is the intent of this chapter that any control of design exercised be the minimum necessary to achieve the overall objectives of the chapter. Good architectural character is based upon the appropriate use of sound materials, and upon the principles of harmony and proportion in the elements of the building.

(2)

It is also the purpose of this chapter to assure development of unsubdivided or unplatted properties, or generally of multiple residences, office or business complexes, commercial complexes, shopping center complexes, manufacturing and industrial park complexes and heavy industrial uses in a manner suitable for the use intended and with proper ingress and egress, sufficient parking facilities, exits and entrances, streets, roads and alleys, and screening walls and/or fences and to control the construction of the same to assure whereby they are engineered, planned and installed correctly to assure the needs of public safety, health and welfare and to assure rendition of proper municipal services concerning fire and police protection, surface water and sanitary sewerage drainage, traffic control and maintenance services as furnished or may be required by the city, and to assure preservation and protection of property rights to relate to adjoining residential properties.

(3)

With regard to the planning and construction of streets, roads and alleys and incidental construction thereto concerning drainage, curbs, gutters, fences and screening walls, etc., the same shall comply with the requirements and specifications as provided by chapter 32, and the planning commission may recommend to the city council who may require the deposit or escrow of money or funds sufficient to assure the construction of the same, before granting approval of the development plan. The applicant shall be required to deposit with the clerk the sum of money estimated to pay engineering and inspection fees incurred thereupon by the city and shall be obligated to the exact cost thereof in accord with established schedule of engineering fees, or as otherwise required by the city council.

(4)

It is the purpose of this section to assure natural wooded areas are respected during site developments. Woodlands serve to stabilize land areas, provide wind breaks, reduce pollution and enhance community character. Only in the following instances shall significant trees (those six inches in diameter and five feet above grade) be removed:

a.

The tree is located in the buildable area, yard area or street right-of-way of any property on which a structure or improvement is to be placed, which said tree unreasonably restricts the permitted use of the property.

b.

The tree is diseased, injured or infected beyond restoration, in danger of falling so as to endanger other structures, interferes with utility services, or creates unsafe visual clearance.

(5)

In instances where tree removal is necessary, the applicant may be required to replace trees elsewhere on the site. In determining whether the replacement of trees is reasonable and shall be required, the planning commission shall consider the intended use of the property together with an evaluation of the following:

a.

A minimum density of 16 trees per acre or its equivalent on smaller parcels.

b.

Number of trees to be removed on the entire property.

c.

Number, location, condition of trees on adjacent property.

d.

Area to be covered with structures, parking and driveways.

e.

Character of the site and its environs, including topographic and soil conditions, grading plan, and drainage requirements.

f.

A minimum requirement of one tree for each 50 feet of road frontage.

(Code 1969, § 5.275; Code 1977, § 28-477; Ord. No. 23-Q, 9-28-1970; Ord. No. 122, § 2, 10-13-1981)