§ 35-334. "MAOZ" Military Airport Overlay Zones.  


Latest version.
  • STATEMENT OF PURPOSE

    The City of San Antonio has designated the military airport overlay zones in order to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of military airport environs and to prevent the impairment of military airfields and the public investment therein. The land areas below military airport take off and final approach paths are exposed to significant danger of aircraft accidents. It is, therefore, necessary to limit the density of development and intensity of uses in such areas. The military airport overlay zones are intended to:

    •  Guide, control, and regulate future growth and development.

    •  Promote orderly and appropriate use of land.

    •  Protect the character and stability of existing land uses.

    •  Enhance the quality of living in the areas affected.

    •  Protect the general economic welfare by restricting incompatible land uses.

    •  Prevent the establishment of any land use which would endanger aircraft operations and the continued use of military airports.

    (a)

    Definitions and Boundaries.

    (1)

    For the purpose of this subdivision, the following terms shall have the meaning given in this section:

    Clear Zones: The area at the ends of the runways of military airports which measure three thousand (3,000) feet by three thousand (3,000) feet in length and width. Beyond the clear zones, the city has designated two (2) military overlay zones (see diagram):

    Military Airport Overlay Zone 1 (MAOZ-1): The area that extends approximately five thousand (5,000) feet in length and three thousand (3,000) feet in width beyond the clear zone.

    Military Airport Overlay Zone 2 (MAOZ-2). The area that extends approximately seven thousand (7,000) feet in length and three thousand (3,000) feet in width beyond district 1.

    Official Map. The specific boundaries of the military airport overlay zones are shown on the official zoning map maintained by the City of San Antonio.

    (b)

    Zoning Classification.

    (1)

    Overlay District. The "MAOZ" military airport overlay zones are designed as overlays to the regular zoning districts. Property located within these districts must also be designated as being within one of the regular zoning districts. Authorized uses must be permitted in both the regular zoning district and the overlay district and must comply with height, yard, area, and parking requirements of the regular zoning district.

    (2)

    Zoning Designation. The zoning designation of property located within the military airport overlay zones shall consist of the regular zone symbol and the overlay district symbol as a suffix. For example, if a parcel is zoned "C-1" and is also located within district 2, the zoning designation of the property would be "C-1" (MAOZ-2). In effect, the designation of property as being within a military airport overlay zone places such property in a new zoning district classification and all procedures and requirements for zoning/rezoning must be followed.

    (c)

    Uses.

    (1)

    Permitted Uses. The following uses are permitted within the military airport overlay zones, subject to the limitations indicated in the military airport overlay zone permitted use table and the conditions set forth for visual and electrical interference and storage of flammables [subsections 35-334(e) through 35-334(f)]:

    MILITARY AIRPORT OVERLAY ZONE PERMITTED USE TABLE

    MAOZ PERMITTED USE
    MAOZ-1 MAOZ-2
    Single-family Residence (minimum one dwelling unit per acre) P
    ALCOHOL - retail sales P P
    RACING - auto or truck track P
    ANIMAL - equestrian center and riding trails P P
    ANIMAL - pound or shelter P P
    BREEDER - small animal only P P
    CEMETERY - pets (limited to small animals) P P
    DOG TRAINING - indoor P P
    DOG TRAINING - outdoor permitted P P
    KENNEL - boarding and breeding (see health and environmental) P P
    PET GROOMING - small animals only P P
    SMALL ANIMAL CLINIC - no outside runs P P
    SMALL ANIMAL HOSPITAL - outside runs are permitted P P
    STOCKYARD P P
    VETERINARY HOSPITAL - large and small animal (outside runs, pens and paddocks permitted) P P
    VETERINARY HOSPITAL - large and small animal (no outside runs, pens and paddocks permitted) P P
    VETERINARY HOSPITAL - small animal (outside runs, pens and paddocks permitted) P P
    VETERINARY HOSPITAL - small animals (no outside runs, pens and paddocks permitted) P P
    TRUCK and HEAVY EQUIPMENT - auction P P
    AMBULANCE SERVICE P P
    AUTO - glass tinting P P
    AUTO - manufacture P P
    AUTO and LIGHT TRUCK - oil, lube and tune up P P
    AUTO and LIGHT TRUCK AUCTION P P
    AUTO and VEHICLE SALES - new and used-small scale (no more than 15 vehicles currently licensed and in running condition on-site at any given time for storage and/or sale P P
    AUTO and VEHICLE SALES - new and used-large scale P P
    AUTO ALARM and RADIO - retail (install. incidental to sales) P P
    AUTO GLASS SALES - installation permitted P P
    AUTO MUFFLER SALES - installation permitted P P
    AUTO PAINT and BODY - repair with outside storage limited to 3 vehicles (all outside storage of parts to be totally screened) P P
    AUTO PAINT and BODY - repair with outside storage of vehicles and parts permitted but totally screened from view of adjacent property owners and public roadways P P
    AUTO PARTS RETAIL - no outside storage P P
    AUTO PARTS RETAIL - w/installation and no outside storage P P
    AUTO STATE VEHICLE INSPECTION STATION P P
    AUTO UPHOLSTERY - sales and installation completely enclosed P P
    CARWASH - automatic and attendant operated P P
    CARWASH - automatic self service drive-thru P P
    CARWASH - self service P P
    LIMOUSINE SERVICE - dispatch and office use only no servicing of vehicles onsite P P
    PARKING and TRANSIENT VEHICLE STORAGE - related to a delivery (auto, truck, trailer and marine)(each vehicle limited to 24 hours maximum parking time within any 48 hour period) P P
    PARKING AND/OR STORAGE - long term P P
    PARKING LOT - noncommercial P P
    PARKING LOT or GARAGE - commercial P P
    TAXI SERVICE - parking and dispatch (no washing or mechanical service permitted) P P
    TAXI SERVICE - parking and dispatch (washing or mechanical service permitted) P P
    TIRE REPAIR - auto and small truck P P
    TRUCK REPAIR and MAINTENANCE P P
    TRUCK STOP OR LAUNDRY - full mechanical service and repair permitted P P
    TRUCK STOP OR LAUNDRY - tire repair permitted P P
    VEHICLE STORAGE - see "AUTO PARKING AND/OR STORAGE LONG TERM" P P
    WRECKER SERVICE P P
    BEVERAGE MANUFACTURE - non-alcohol P P
    DRY GOODS - wholesale P P
    BATCHING PLANT P P
    BATCHING PLANT - temporary in (6 months maximum) P P
    BOOKBINDER P P
    CABINET or CARPENTER SHOP P P
    CAN RECYCLE COLLECTION STATION - no shredding P P
    COFFEE ROASTING P P
    CONTRACTOR FACILITY P P
    CREAMERY P P
    DRY CLEANING - plant P P
    LAUNDRY - plant P P
    LUMBER YARD and BUILDING MATERIALS P P
    MACHINE SHOP P P
    PECAN SHELLING P P
    RUG CLEANING P3 P3
    WELDING SHOP - limited to 3 employees and screening of outside storage P P
    ABRASIVE - manufacturing P P
    AIR PRODUCTS - manufacturing P P
    ARTIFICIAL LIMB ASSEMBLY P P
    ASBESTOS PRODUCTS - manufacturing P P
    ASPHALT PRODUCTS - manufacturing P P
    BAG CLEANING P P
    BATTERY - manufacturing P P
    BEVERAGE - manufacturing or processing P P
    BIOMEDICAL PRODUCTS - manufacturing P P
    BOAT and MARINE - manufacturing P P
    BOILER and TANK WORKS P P
    BROOM, BRUSH - manufacturing P P
    BUILDING SPECIALTIES - wholesale outside storage permitted P P
    BULK PLANT or TERMINAL P P
    CANDLE - manufacturing P P
    CANDY - manufacturing P P
    CANVAS PRODUCTS - manufacturing P P
    CLOTHING MANUFACTURE - non-chemical process P
    CONCRETE PRODUCTS - manufacturing P P
    COTTON COMPRESS, GINNING and BAILING P P
    DRUG - manufacturing P P
    ELECTRONIC COMPONENT - manufacturing P P
    FELT PRODUCTS - manufacturing P
    GLASS MANUFACTURE P P
    GRAIN - drying P P
    GRAIN - milling P P
    FISH HATCHERY P P
    HOSIERY - manufacturing P
    ICE CREAM - manufacturing P P
    ICE PLANT - manufacturing and processing P P
    INSULATION PRODUCTS - manufacturing and processing P P
    USED AUTOMOTIVE PARTS RECYCLER P P
    MATTRESS - manufacturing and rebuilding P
    METAL FORGING or ROLLING MILL P P
    METAL PRODUCTS - fabrication P P
    MILLINERY - manufacturing P
    MILLWORK and WOOD PRODUCTS - manufacturing P P
    MOVING and TRANSFER COMPANY - with trucks attached to trailers for a total exceeding 24 feet in length P P
    NOVELTY and SOUVENIR - manufacture P P
    OFFICE EQUIPMENT, FURNITURE - manufacture P P
    OIL WELL SUPPLIES and MACHINERY - manufacturing. P P
    PACKING and GASKET - manufacturing P P
    PACKING PLANT - no rendering P P
    PAPER PRODUCTS - manufacturing P P
    PIPE STORAGE P P
    PLANING MILL P P
    PLASTIC / VINYL - manufacturing or processing P P
    PLAYGROUND EQUIPMENT - manufacturing P P
    POULTRY PROCESSING - caged hen operation P P
    POULTRY PROCESSING and LIVE POULTRY STORAGE - completely enclosed P P
    PROCESSING - other than food P P
    REFRIGERATION EQUIPMENT - manufacturing P P
    RENDERING PLANT P P
    SAND or GRAVEL - storage and sales P P
    SHOE - manufacturing P
    SHOE - wholesale (manufacturing permitted) P
    SHOE POLISH - manufacturing P P
    SIGN MANUFACTURE P P
    STONE CURING, MONUMENT - manufacturing P P
    STORAGE - outside (open with no screening required) P P
    STORAGE - outside (screening from public ROWs and adjacent property required) P P
    TEXTILE - manufacturing P P
    TILE - manufacturing P P
    TILE, ROOFING and WATERPROOFING PRODUCTS - manufacturing P P
    TOBACCO - processing P P
    TOOL - manufacturing P P
    TOY - manufacturing P P
    TRAILER - manufacturing P P
    VENETIAN BLIND - cleaning and fabrication P P
    VULCANIZING, RECAPPING P P
    WATER DISTILLATION P P
    WELL DRILLING CONTRACTOR P P
    WIRE PRODUCTS - manufacturing P P
    WOOD PROCESSING by CREOSOTING or OTHER PRESERVING TREATMENT P P
    WOOL PULLING and SCOURING P P
    MEDICAL - surgical supplies wholesale P P
    AERIAL SURVEY - Administrative offices no on-site flight services P P
    OFFICE P P
    FLORIST - wholesale P P
    LANDSCAPING MATERIALS - sales and storage P P
    NURSERY - plant wholesale onsite growing permitted P P
    PRINTER - large scale other than quick print P P
    COSMETICS - manufacturing or processing P P
    FOOD and FOOD PRODUCTS - processing P P
    PUNCH CONCENTRATE - processing and mixing P P
    PUNCH CONCENTRATE PRODUCTS - mixing only P P
    ARCHERY RANGE - outdoor P P
    ARCHERY RANGE - indoor P P
    ATHLETIC FIELDS P P
    GOLF COURSE - private (see residential use table) P P
    GOLF COURSE - public P P
    GOLF DRIVING RANGE P P
    RIFLE and PISTOL RANGE - indoor P P
    STABLE and EQUESTRIAN CENTER P P
    TENNIS, RACQUETBALL or HANDBALL - private (outside courts permitted) P P
    TENNIS, RACQUETBALL or HANDBALL - public (outside courts not permitted) P P
    TENNIS, RACQUETBALL or HANDBALL - public (outside courts permitted) P P
    TENNIS, RACQUETBALL or HANDBALL -private (outside courts not permitted) P P
    AIR CONDITIONERS - retail P P
    ANTIQUE STORE - retail P P
    APOTHECARY - see (DRUGSTORE - apothecary) P P
    APPAREL and ACCESSORY STORE - retail P P
    APPLIANCE - retail P P
    ART GALLERY P P
    BAKERY - retail P P
    BOOKSTORE P P
    BUILDING SPECIALTIES - retail outside storage permitted P P
    BUSINESS MACHINES - retail P P
    CAMERA, PHOTOGRAPHIC EQUIPMENT and SUPPLIES - retail P P
    CANDY, NUT and CONFECTIONERY - retail P P
    CATERING SHOP P P
    CONVENIENCE ICE HOUSE - retail convenience store P P
    CONVENIENCE STORE - w/ gas sales P P
    DAIRY PRODUCTS - retail P P
    DRUGSTORE - apothecary P P
    DRY GOODS - retail P P
    FARM SUPPLIES P P
    FEED, SEED, FERTILIZER SALES - no outside storage P P
    FISH MARKET - retail P P
    FLOOR COVERING - retail P P
    FLORIST - retail P P
    FOOD LOCKER PLANT - retail P P
    FOOD STORE P P
    FRUIT and PRODUCE - retail P P
    FURNITURE SALES - retail P P
    GIFT SHOP - retail P P
    GLASS - retail P P
    GROCERY STORE - retail P P
    HARDWARE SALES - retail P P
    HEAD SHOP P P
    HOBBY STORE - retail P P
    HOME IMPROVEMENT CENTER P P
    JEWELRY STORE - retail P P
    LEATHER GOODS or LUGGAGE STORE - retail P P
    MEDICAL - surgical supplies retail P P
    MILLINER - custom P P
    NEWSSTAND P P
    NURSERY - retail (growing plants on-site permitted) P P
    NURSERY - retail (no growing plants on-site permitted) P P
    OFFICE EQUIPMENT and SUPPLY - retail P P
    PAINT and WALLPAPER STORE - retail and wholesale P P
    PET SHOP - retail P P
    PLUMBING FIXTURES - retail P P
    RUG or CARPET - retail P P
    SECONDHAND MERCHANDISE - retail no outside storage or display of inventory permitted) P P
    SHOE - retail P P
    SILK SCREENING - retail P P
    SPORTING GOODS - retail P P
    STAMPS and COIN SALES - retail P P
    STATIONARY PRODUCTS - retail P P
    TAMALE - preparation retail P P
    THRIFT STORE - retail see (SECONDHAND MERCHANDISE) P P
    TOBACCO STORE - retail P P
    TOY STORE - retail P P
    TROPHY SALES, ENGRAVING and ASSEMBLY P P
    VARIETY STORE - retail P P
    MACHINERY, TOOLS and CONSTRUCTION EQUIPMENT SALES and SERVICE P P
    FARM EQUIPMENT SALES, SERVICE or STORAGE P P
    OIL WELL SUPPLIES and MACHINERY SALES - used P P
    PORTABLE BUILDING SALES P P
    AIR CONDITIONING / REFRIGERATION - service and repair P P
    ALTERING/REPAIR OF APPAREL P P
    APPLIANCE - repair major P P
    APPLIANCE - repair small P P
    BANK, SAVINGS and LOAN P6
    BARBER or BEAUTY SHOP P P
    BICYCLE - repair P P
    BOAT and MARINE - sales, service (outside storage not permitted) P P
    BOAT and MARINE - storage (outside permitted) P P
    BODY PIERCING P P
    CEMETERY or MAUSOLEUM P5 P5
    COPY OR BLUEPRINTING - example "Quick Print" P P
    COPY SERVICE - blueprinting and photocopying P P
    COSMETICS - permanent P P
    DELICATESSEN P P
    DRY CLEANING - limited to 5 employees P P
    DRY CLEANING - pickup station only P P
    ELECTRIC REPAIR - heavy equipment P 3, 4 P 3, 7
    ELECTRIC REPAIR - light equipment P 3, 4 P, 7
    ELECTRONIC EQUIPMENT - repair P 3, 4 P 3, 7
    ELEVATOR MAINTENANCE - service P P
    EXTERMINATORS P P
    FOOD - restaurant or cafeteria P P
    FURNITURE REPAIR / UPHOLSTERING P P
    GASOLINE FILLING STATION - w/o repair service (car wash allowed) P P
    GASOLINE FILLING STATION - with repair service and/or car wash P P
    GUNSMITH P P
    JANITORIAL / CLEANING SERVICE P P
    LABORATORY - research P 3, 4 P 3, 7
    LABORATORY - testing P 3, 4 P 3, 7
    LAUNDRY and DRY CLEANING - self service P P
    LAUNDRY- limited to max of 5 employees P P
    LAUNDRY or DRY CLEANING - pickup station only P P
    LAWNMOWER REPAIR P P
    LINEN or UNIFORM SUPPLY, DIAPER SERVICE (pickup and supply only) P P
    LOAN OFFICE P
    LOCKSMITH P P
    MANUFACTURED HOME / OVERSIZE VEHICLE SALES, SERVICE or STORAGE P P
    MASSAGE - parlor P P
    MASSAGE - therapeutic P P
    MINI WAREHOUSE - over 2.5 AC. P P
    MORTUARY - embalming and preparation only P P
    PALM READING P P
    PAWN SHOP P P
    PICTURE FRAMING P P
    POST OFFICE P P
    REDUCING SALON P P
    SHOE - repair P P
    SIGN SHOP - no outside storage P P
    STUDIO - fine or performing arts P
    STUDIO - interior decorating P P
    STUDIO - photographic P P
    STUDIO - sound and recording P
    TAILOR SHOP P P
    TATTOO PARLOR/STUDIO P P
    TAXIDERMIST P P
    TOOL RENTAL - fenced and screened outside storage permitted P P
    TOOL RENTAL - outside storage permitted P P
    TREE CUT and TRIM SERVICE P P
    WATCH REPAIR P P
    CARTING, CRATING, HAULING, STORAGE P P
    COLD STORAGE PLANT P P
    FUR DYEING, FINISHING and STORING P P
    ICE CREAM TRUCK STORAGE P P
    MOVING COMPANY P P
    STORAGE - outside (under roof and screened) P P
    FREIGHT DEPOT P P
    TELEPHONE EQUIPMENT INFRASTRUCTURE P8 P8
    WIRELESS COMMUNICATION SYSTEMS P8 P8
    SANITARY LANDFILL, SOLID WASTE FACILITY P P
    OFFICE WAREHOUSE P P
    WAREHOUSING - no outside storage permitted P P
    BAKERY - wholesale P P
    BARBER and BEAUTY EQUIPMENT - wholesale P P
    CAMERA, PHOTOGRAPHIC EQUIPMENT and SUPPLIES - wholesale P P
    DAIRY EQUIPMENT SALES - wholesale P P
    DAIRY PRODUCTS - wholesale P P
    DRUG SALES - wholesale P P
    FISH MARKET - wholesale P P
    FOOD PRODUCTS - wholesale and storage P P
    FRUIT and PRODUCE - wholesale P P
    FURNITURE SALES - wholesale P P
    GLASS - wholesale P P
    GROCERY - wholesale P P
    HARDWARE SALES - wholesale P P
    OFFICE EQUIPMENT and SUPPLY - wholesale P P
    PAPER SUPPLIES - wholesale P P
    PLUMBING FIXTURES - wholesale P P
    SHOE - wholesale no manufacturing P P
    SPORTING GOODS - wholesale P P
    STONE MONUMENT - retail and wholesale P P
    TAMALE - preparation wholesale P P

     

    Notes:

    With no public assembly.

    Maximum 100 parking spaces.

    No industrial or manufacturing uses will be allowed if operations emit into the air any substance which would impair the visibility or otherwise interfere with the operation of aircraft, e.g., steam, dust, smoke. Nor will any use be allowed which would interfere with aircraft communication systems or navigational equipment through electrical disturbances.

    Building size is limited to maximum 3,000 square feet.

    Excludes chapels.

    Low-intensity office use only.

    Building size limit in "MAOZ-2" is 250,000 square feet.

    With height restrictions.

    With no clubhouses.

    (2)

    Prohibited Uses.

    A.

    Residential uses, except as provided for in exceptions for residential uses [subsection 35-334(d)].

    B.

    All other uses not permitted under subsection (a) of this section

    (3)

    Military Airport Overlay Zone 1 Size Limitation. Any retail, office or personal service use that is permissible in the "MAOZ-1" may not exceed three thousand (3,000) square feet in total floor area. Front, rear and side setbacks of twenty (20) feet shall be required on all lots. There shall be a separation of at least twenty (20) feet between each such use.

    (4)

    Military Airport Overlay Zone 2 Size Limitation. Any retail, office or personal service use that is permissible in the "MAOZ-2" may not exceed two hundred fifty thousand (250,000) square feet in total floor area.

    (5)

    Plat Notice. A notice shall be placed on all final plats for properties located within Military Airport Overlay Zones 1 and 2 that the property, either partially or wholly, lies within a military airport overlay zone and is subject to noise and/or aircraft accident potential which may be objectionable.

    (d)

    Exceptions for Residential Uses.

    (1)

    Existing Residences. Notwithstanding any other provisions of the zoning ordinance, residential uses located within the military airport overlay zones which were lawfully in compliance with the provisions of this chapter on the effective date of this chapter may be repaired and enlarged provided (1) the number of dwelling units is not increased and (2) all other applicable requirements of this district are met.

    (2)

    Vacant Lots. Vacant platted lots which are zoned for single-family residential uses may be used for single-family residences providing they conform to all other applicable requirements of this district. Such lots may not be subdivided into more than one (1) additional lot for single-family residential use.

    (3)

    Unplatted Property. Unplatted properties zoned for single-family residential may be platted and used for single-residences in the "MAOZ-2," providing they conform to all other applicable requirements of this district. Such lots may not exceed a density of one (1) single-family residence per acre.

    (e)

    Visual and Electrical Interference. Notwithstanding any other provisions of these regulations, no use shall be made of land within the military airport overlay zones in such a manner to:

    (1)

    Release into the air any substance which would impair visibility or otherwise interfere with the operation of aircraft; e.g., steam, dust, smoke, etc.;

    (2)

    Produce light emissions, either direct or indirect (reflective) which would interfere with pilot vision;

    (3)

    Produce electrical emissions which would interfere with aircraft communications systems or navigational equipment; or

    (4)

    Attract birds or waterfowl, or in any other manner constitute an airport hazard.

    (f)

    Storage of Flammables. The provisions of this section shall apply throughout the military airport overlay zones. All technical terms shall be interpreted as defined in the Uniform Fire Code.

    (1)

    Solid Materials.

    A.

    The storage or manufacture of flammable solid materials or products is permitted only if the flammable material or products are stored or manufactured within completely enclosed buildings having noncombustible exterior walls and protected throughout by an automatic fire extinguishing system.

    B.

    The storage or manufacture of explosive materials and of materials or products which decompose by detonation is prohibited.

    (2)

    Liquid Materials.

    A.

    The manufacture of flammable or combustible liquids or materials which produce flammable or combustible vapors or gases is prohibited.

    B.

    All aboveground storage of flammable or combustible liquids or materials which produce flammable or combustible vapors or gases shall be in enclosed fireproof vaults. This requirement does not apply to liquids or materials used for single-family residences.

    C.

    The storage of flammable and combustible liquids, or of materials that produce flammable or combustible vapors or gases, shall be permitted only in accordance with the Uniform Fire Code.

    (g)

    Height Regulations. The height of structures within the military airport overlay zones shall be governed by the height requirements of the underlying zoning district as well as the provisions of the joint airport zoning regulations in article III, division 11 of this chapter.

    (h)

    Procedure.

    (1)

    Site Plan. Except for single-family residences, a site plan shall be submitted to the director of planning and development services for approval by the planning commission prior to the issuance of building permits. All building plans must be in compliance with an approved site plan. The applicant shall submit eight (8) blue- or black-line copies and one reproducible 8½ x 11-inch reduced copy of the site plan accompanied by the plan review fee specified in Appendix "C." The plan review fee shall be in addition to any other required fees.

    (2)

    Purpose. The purpose of the site plan is to ensure the proposed development complies with the provisions and intent of this chapter. The plan review will focus on the following:

    A.

    Ordinance Provisions. Permitted uses, potential visual and electrical interference, and storage of flammables.

    B.

    Intent. The site design should locate the most intensive uses farthest away from the end and centerline of the runway.

    (3)

    Plan Requirements. The plan shall include the following as a minimum:

    A.

    Site size, location information, and adjacent land uses.

    B.

    Dimensioned layout, with the location, size, and height of all buildings and structures.

    C.

    The location and size of all above and below ground storage containers for flammable and combustible materials.

    D.

    Size and location of all vehicular access points, streets, and parking areas.

    E.

    Major physical features such as creeks, topography, and easements.

    F.

    Diagrams indicating the location, dimensions, and angles of any or other reflective surfaces proposed in the development design.

    G.

    A staging plan if appropriate.

    (4)

    Staff Review. The director of planning and development services shall, upon receipt of the site plan, distribute copies to other departments/agencies, as the director deems necessary. Departments/agencies receiving copies of the site plan shall, within twenty (20) days of receipt of the plan, submit to the director of planning and development services their written recommendation and comments about the plan. No later than thirty (30) days after submission of the site plan, the director shall submit the plan with a recommendation to the planning commission for consideration.

    (5)

    Planning Commission Consideration. The planning commission may approve the plan submitted, amend and approve the plan as amended, or disapprove the plan. If approved, the plan with amendments, if any, shall be stamped "approved" and be dated and signed by the chairman of the planning commission and by the secretary of the commission.

    (6)

    Distribution of the Approved Plan. One (1) copy of the approved plan shall be submitted to the director of planning and development services for use in issuing building permits. In addition, other copies of the approved plan may be requested as necessary by other departments and agencies.

    (7)

    Changes in the Plan.

    A.

    Minor Changes. After favorable action by the planning commission, minor alterations which do not substantially change the concept of the site plan may be approved by the director of planning and development services, if required by engineering or other circumstances not foreseen at the time the plan was approved. Minor changes may not cause a change in location or an increase in size of any storage containers for flammable or combustible materials.

    B.

    Major Changes. Major alterations to the site plan shall be resubmitted for consideration by the planning commission following the same procedures required in the original adoption of the plan. Major changes to a site plan include any alterations which would cause any of the above conditions as well as those which are determined as such by the director of planning and development services.

    (8)

    Time Limit. The construction of the proposed development shall be started within two (2) years of the effective date of approval of the site plan by the commission. The planning commission may, no sooner than sixty (60) days prior to the end of the time period, upon request of the developer, extend the time one (1) additional year if, in the judgment of the commission, additional time is warranted. In any event, construction must be started within (3) years of the effective date of approval. Failure to begin the development within the required time period or the period as extended shall automatically void the site plan, and no building permit shall be issued until the plan or an amended plan has been resubmitted and properly approved by the commission.

    (i)

    Supplemental Information. Whenever any application for a change in zoning in a military airport overlay zone is filed, the director of planning and development services shall make formal request to the United States Air Force at least thirty (30) days prior to the zoning commission hearing for any relevant statistics, operational activities information, technical data, or other studies with bearing on the request.

(Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2012-12-13-1006, § 56, 12-13-12)