§ 35-475. Site Plan in Military Airport Overlay District.

(a)

Applicability. The provisions of this section apply to any application for development approval within the military airport overlay zone. 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 plan review fee shall be in addition to any other required fees.

(b)

Initiation. The site plan shall be submitted to the director of planning and development services. The plan shall include the information required by Appendix "B" to this chapter.

(c)

Completeness Review. The director of planning and development services shall review the application for an MAOZ site plan in accordance with section 35-402 of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the board of adjustment.

(d)

Decision.

(1)

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 of planning and development services shall submit the plan with a recommendation to the planning commission for consideration.

If the application requests a change in zoning in a military airport overlay zone, the director 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.

(2)

Planning Commission Consideration. The city 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.

(e)

Approval Criteria. No site plan shall be approved unless the application complies with the regulations of the military airport overlay zone and the applicable base zoning district.

(f)

Subsequent Applications. Not applicable.

(g)

Amendments.

(1)

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 any of the following:

• An increase in the floor area ratio.

• A change in location or an increase in size of any storage containers for flammable or combustible materials.

• An increase in the dimensions of any glass or other reflective surfaces.

(2)

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.

(h)

Scope of Approval. 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.

The construction of the proposed development shall be started within twelve (12) months 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 two (2) 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)

Recording Procedures. The applicant shall cause the order approving the site plan, duly certified, and legal description and accompanying map required by Appendix "B" to this chapter, to be recorded in the office of the Register of Deeds of Bexar County. No application for a building permit shall be approved until the applicant provides the director a copy of the recorded notification, affixed with the register's seal and the date, book and page number of recording. Compliance with any other provisions of this article pursuant to which the site plan was approved shall constitute compliance with this section.

(Ord. No. 98697 § 1 and 6)