(A) Purpose and applicability. This section provides procedures and standards for the comprehensive review of proposed development projects to: promote the safe, functional and aesthetic development of property, ensure compliance with the development and design standards of this chapter; and encourage quality development reflective of the goals, policies, and objectives of the general plan. Site plan review shall be required for:
(1) All new construction, remodeling, or expansion of non-residential or multi-family residential uses, with the following exceptions:
(a) Proposed modifications are strictly related to the interior of the building.
(b) Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than 500 square feet or 10%, whichever is less, and which do not require a variance from the provisions of this chapter.
(2) An application for approval of a zoning map amendment or conditional use. In this case, the site plan review shall occur concurrently with the review of the rezone or conditional use application.
(B) Site plan process.
(1) Pre-application conference. Prior to the submission of an application for site plan approval, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in § 152.086(A).
(3) Application review and action. Following submittal of a complete application, the Zoning Administrator shall refer the application to the appropriate review agencies and town staff to review the submitted materials, and provide written review comments to the applicant if necessary. Following receipt of review comments, the applicant shall correct the site plan as needed and resubmit the corrected application to the Community Development Department. Based on the resubmitted application material, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria, unless the Administrator determines that there are unusual circumstances or special conditions related to an application, in which case the Administrator may defer action and refer such application to the Planning and Zoning Commission for final decision.
(a) Conditions of approval. In approving a site plan, the Zoning Administrator may impose reasonable conditions necessary to:
1. Achieve the general purposes of the zoning code or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;
2. Protect the public health, safety, and general welfare; or
3. Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
(4) Review by Planning and Zoning Commission. If referred to the Planning and Zoning Commission, the Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the subject application as set forth in § 152.086(E) and (F).
(5) Written notification. The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086(G).
(C) Required site plan information. All site plans shall be drawn to scale and shall contain the following information, unless otherwise specifically waived by the Zoning Administrator:
(1) A vicinity map which shall include the location of any public streets in the vicinity of the site.
(2) The boundaries and dimensions shown graphically, along with a written legal description of the property.
(3) The present and proposed topography, drainage systems and structures, and retention basins of the site by contour lines at an interval of not more than two feet.
(4) The location of existing and proposed structures, with height, gross floor area, use and exterior material appropriately noted.
(5) The location of open space, yards, and setbacks and their dimensions.
(6) The location and dimensions of existing and proposed points of vehicular and pedestrian access.
(7) The location of off-street parking, driveway and loading areas, with number of spaces, dimensions, circulation patterns, and type of paving appropriately noted.
(8) The type of surfacing and base course proposed for all parking areas, loading areas, and walkways.
(9) The location, height, and material for screening walls and fences.
(10) The size and location of all existing and proposed public and private utilities and their easements.
(11) Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site.
(12) The location and method of screening of outdoor trash storage areas.
(13) The proposed type and location of all signage.
(14) The location and height of proposed lighting facilities.
(15) Elevation views of all proposed buildings or structures, with building materials and proposed colors noted.
(16) When a site is to be developed in stages, the plan should indicate the ultimate development of the site and proposed developmental phases.
(17) Any additional information which the Zoning Administrator may find necessary to establish compliance with this and other ordinances.
(D) Issues for consideration. In determining whether to approve, approve with conditions, or deny proposed site plans, issues for consideration shall include but not be limited to:
(1) The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
(2) The architectural design of the structure(s) and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
(3) The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
(4) The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare.
(5) The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.
(6) The proposed project is consistent with the general plan and any applicable specific plan.
(E) Final inspection. A site plan approval is a binding development order and all improvements reflected on approved site plans must be completed, and all restrictions and conditions of site plan approval must be fulfilled, prior to issuance of the final certificate of occupancy.
(F) Expiration of approval.
(1) A site plan approval becomes void if a building permit has not been issued within one year from the date of approval. An extension of approval may be granted if the applicant files for an extension prior to the approval becoming void and the extension is granted by the Zoning Administrator. The Zoning Administrator may grant a one-time three-month extension. Additional extensions must be approved by the Commission.
(2) Applications for extensions of the time need to include justifications for the extension. The Commission will give consideration to the following:
(a) Progress of the project;
(b) Funds spent on the project;
(c) Good faith efforts;
(d) Weather-related delays and other Acts of God; and
(e) Delays related to archaeological or environmental issues.
(G) Revocation. The Zoning Administrator shall notify the applicant of a violation or termination of a site plan approval, by mail, if the applicant has not commenced use of the building permit. The applicant shall be notified if they are in violation of the conditions of the site plan. If no attempt is made to change the circumstances of the violation within ten days of notification, the site plan approval and all permits requiring site plan approval shall be revoked.
(H) Appeal. An appeal from any final decision of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in § 152.086(K). Decisions of the Planning and Zoning Commission may be appealed to the Town Council pursuant to the procedures set forth in § 152.086(K).
(Ord. 2020-02, passed 4-13-2020)