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(A) A use subject to site development plan approval as required in § 1-19-5.310 (Use Table) or subject to the site plan review process as otherwise required in this chapter shall be reviewed through 1 of 3 procedures to ensure that the proposed development complies with the requirements of this chapter. The 3 procedures are:
(1) Type I - Planning Commission. The purpose of the Type I - Planning Commission process is to provide for development review involving standards for design or review of uses permitted by this chapter which may be complex in nature requiring interpretation of County Comprehensive Plan policies or the requirements of the Frederick County Code. The Type I application shall be circulated for multi-agency review prior to Planning Commission review. Type I - Planning Commission review and approval is required for all of the following:
(a) Applications for site development plan approval where review and approval is not provided for through the Type II - Limited or Type III - Administrative site plan review processes.
(b) Modifications to a Planning Commission approved site development plan involving an increase in building height or number of floors; modifications to landscaping or screening that reduce the number of plantings or opacity required in the initial Type I - Planning Commission approval; requests for reduction in open space square footage; change in the type or square footage of an amenity; and modifications that increase the number of required parking and loading spaces.
(2) Type II - Limited. The purpose of the Type II - Limited process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type II - Limited application shall be processed at staff level and circulated for multi-agency review. Type II - Limited applications shall be restricted to modifications provided through the Type III - Administrative process or any one or more of the following minor modifications to Planning Commission approved site development plans provided that the modification does not require Planning Commission review of adequate public facilities, forest resource ordinance, or stormwater management requirements:
(a) Minor modifications to utility location;
(b) Minor modifications to parking and loading design required by physical site constraints that has no detrimental impact upon or that improves bicycle, pedestrian and traffic safety or circulation;
(c) Building footprint modifications;
(d) Minor landscaping modifications that do not constitute a material alteration of the Planning Commission approved site development plan and that do not require a Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1);
(e) Minor modifications to pedestrian pathway location, open space or amenity design to improve access, safety, or efficiency, that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1).
(3) Type III - Administrative. The purpose of the Type III - Administrative process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type III application shall be processed as a staff level single agency review and shall be restricted to any one or more of the following minor modifications, provided that the modification does not require adequate public facilities, forest resource ordinance, or stormwater management review:
(a) A change in use approved by the Zoning Administrator;
(b) Building footprint modifications of not more than 200 square feet provided that there is no increase in overall building footprint square footage;
(c) Change of permitted and approved signs;
(d) Minor landscaping modifications involving substitution of species that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1); or
(e) Other minor modifications as established by the Zoning Administrator.
(B) An applicant may request a Type I - Planning Commission review at any time during a Type II - Limited or Type III - Administrative review process.
(C) Planning Commission authorized representatives may require a Type I - Planning Commission or Type II - Limited review for a site development plan application permitted through the Type II - Limited or Type III - Administrative review process, where it is determined that the proposed modification may have an adverse impact on surrounding properties, public facilities, or is inconsistent with the initial Type I - Planning Commission approval.
(D) Each application involving site development plan approval, together with the required fee (§ 1-19-2.130) and other required plan submissions, including, but not limited to adequate public facilities ordinance studies, forest resource ordinance plans, sight-distance studies, stormwater management concepts and the information described below, shall be submitted to the Community Development Division. The Community Development Division shall not accept an application if it is determined that the information submitted is incomplete.
After the Community Development Division deems that the application is complete, the site development plan will be scheduled for a Technical Advisory Committee (TAC) meeting for review by agency representatives and representatives of the applicant. The applicant may not file for a zoning certificate and building permit with the Department of Permits and Inspections before receiving site plan approval. Applications for site plan review shall be void if approval has not been received within 3 years, beginning on the date the application was accepted. A void application shall have no further status and must be resubmitted.
(1) For all Type I - Planning Commission site plan review applications, the applicant shall place a sign within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.
(a) The Community Development Division shall provide the required sign(s).
(b) The sign(s) shall be placed on the property at least 30 days prior to the initial Planning Commission meeting at which the Type I - Planning Commission site development plan is to be considered.
(c) The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant until the initial Planning Commission meeting is held.
(d) The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required time period.
(2) If any person removes or tampers with a posted sign during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.
(E) The Planning Commission may attach conditions to the approval of a site development plan in order to ensure that the proposal will conform to the provisions of this chapter.
(F) Approval of a site development plan submitted under the provisions of this division shall expire 3 years after the date of the decision by the Planning Commission or its authorized representatives unless construction has begun as defined by "start of construction" in § 1-19-11.100. The length of site plan approval may not exceed the length of the approval under the Adequate Public Facilities Ordinance (APFO) if APFO approval is required.
(Ord. 77-1-78, § 40-73(B), (C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-11-343, 3-26-1985; Ord. 87-22-454, 8-4-1987; Ord. 94-06-101, 5-31-1994; Ord. 96-17-169, 8-6-1996; Ord. 00-21-263, § 1, 7-18-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)
(A) Where specified within the Zoning Ordinance, concept approval shall be required as the first step in the development approval process (§ 1-19-7.500(D)).
(B) Unless otherwise approved by the Zoning Administrator, the concept plan shall include the following elements:
(1) An application in a form acceptable to the Community Development Division;
(2) A map drawn at 1 inch equals 100 feet or greater scale showing property lines, all existing natural and man-made features, and a vicinity map;
(3) A map identifying the type and location of all proposed uses including:
(a) The generalized location, footprint, and exterior elevation of all proposed buildings including height, number of stories, number of attached units, and the location of doors and windows;
(b) All proposed parking locations and generalized information regarding the use of an alternate parking plan including shared, joint, community, or other means;
(c) The generalized location of all roadways, sidewalks, and other public or private facilities adjacent to and necessary for development of the site;
(4) Existing structures on all lots facing and adjacent to the proposed development including the height, setbacks;
(5) Photographs of the subject parcel and all facing and adjacent lots and structures used to determine height and setbacks.
(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)
An application submitted for site plan review shall include the following information:
(A) A map of the subject property at a convenient scale;
(B) A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property;
(C) A topographic map of the property, at a minimum of 5 foot contour intervals, unless otherwise specified, showing the existing and proposed regrading surface of the land and the location of natural features, such as streams, rock outcrops, and wooded areas;
(D) In accordance with the Community Development Division checklist requirements a site development plan showing all existing and proposed improvements including but not limited to: proposed use; location and height of all buildings; location of existing and proposed rights-of-way; location and dimensions of all parking areas, drive aisles, and truck loading areas with access and egress drives thereto; location of sidewalks, pedestrian crossings, and existing or planned transit stops; location and type of any outdoor storage; location and type of any recreation facilities; proposed grading, landscaping, and screening plans; description of proposed method to provide buffer areas and landscaping where required; location, design and height of outdoor lighting facilities; building elevation for the purpose of depicting the location, size, and type of all signs; and the location, size and type of all proposed storm water management facilities;
(E) A computation of the total areas of the lot, including the building floor area, building floor area for each type of proposed use, the roads and parking, green area, landscaped and screened areas, recreation areas as required, and total lot coverage;
(F) Commercial or industrial uses will designate:
(1) The specific uses proposed and the number of employees for which buildings are designed;
(2) The type of power to be used for any manufacturing processes;
(3) Type of wastes or by-products to be produced by any process and proposed method of disposal of such wastes or by-products; and
(4) Such other information as may be required by the Planning Commission or its authorized representatives to determine compliance with the requirements with this chapter and the impact of a particular use on adjoining properties;
(G) (1) Soil type(s) information shall be provided and appropriate boundaries shown. In the event "wet soils" are located on or within 100 feet of any proposed residential site plan, a soils delineation report shall be prepared by a soils scientist or professional engineer registered in the State of Maryland. The Planning Commission may waive this requirement if the "wet soils" are located within open space areas. The soils report shall be submitted for review by SCD prior to approval of the site plan by the Planning Commission or its authorized representatives unless a soils report was completed earlier within the development review process.
(2) If residential structure(s) with basements are proposed within "wet soils" a geotechnical report is required to be submitted by a professional engineer registered in the State of Maryland. A note shall be placed on the site plan that all construction shall be in accordance with the findings of the geotechnical report.
(3) Site plans may be prepared and submitted by an applicant. The submitted information, if found deficient or in error, may be required to be resubmitted over the certification of an engineer, architect, landscape architect, land surveyor or other certified professional. Site plans will be prepared to a scale of not smaller than 1 inch equals 100 feet, unless approved by the Community Development Division; the sheet or sheets shall be no less than 18 inches by 20 inches nor more than 24 inches by 36 inches, including a 1-1/2 inch margin for binding along the left edge. A site plan may be prepared on one or more sheets, in which case, match lines and an index sheet shall be provided.
(Ord. 77-1-78, § 40-73(B), (C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-11-343, 3-26-1985; Ord. 87-22-454, 8-4-1987; Ord. 94-06-101, 5-31-1994; Ord. 96-17-169, 8-6-1996; Ord. 00-21-263, § 1, 7-18-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, passed 7-14-2009; Ord. 14-23-678, 11-13-2014)
Site development plan approval shall be granted when the Planning Commission or its authorized representatives find that the application for development has met the following criteria based upon the standards and provisions of this chapter:
(A) Site development. Existing and anticipated surrounding land uses have been adequately considered in the design of the development and negative impacts have been minimized through such means as building placement or scale, landscaping, or screening, and an evaluation of lighting. Anticipated surrounding uses shall be determined based upon existing zoning and land use designations.
(B) Transportation and parking. The transportation system and parking areas are adequate to serve the proposed use in addition to existing uses by providing safe and efficient circulation, and design consideration that maximizes connections with surrounding land uses and accommodates public transit facilities. Evaluation factors include: on-street parking impacts, off-street parking and loading design, access location and design, vehicular, bicycle, and pedestrian circulation and safety, and existing or planned transit facilities.
(C) Public utilities. Where the proposed development will be served by publicly owned community water and sewer, the facilities shall be adequate to serve the proposed development. Where proposed development will be served by facilities other than publicly owned community water and sewer, the facilities shall meet the requirements of and receive approval from the Maryland Department of the Environment/the Frederick County Health Department.
(D) Natural features. Natural features of the site have been evaluated and to the greatest extent practical maintained in a natural state and incorporated into the design of the development. Evaluation factors include topography, vegetation, sensitive resources, and natural hazards.
(E) Common areas. If the plan of development includes common areas and/or facilities, the Planning Commission as a condition of approval may review the ownership, use, and maintenance of such lands or property to ensure the preservation of such areas, property, and facilities for their intended purposes.
(Ord. 77-1-78, § 40-73(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, passed 7-14-2009; Ord. 14-23-678, 11-13-2014)
DIVISION 4. OPTIONAL METHODS OF DEVELOPMENT
(RESERVED)
ARTICLE IV: REGULATIONS APPLICABLE TO ALL DISTRICTS (§§ 1-19-4.100 — 1-19-4.630)
Section
Division 1. Generally
1-19-4.100 Compliance required
1-19-4.110 Exemption of essential services
Division 2. Nonconforming Lots, Structures and Uses
1-19-4.200 Generally
1-19-4.210 Nonconforming lots
1-19-4.220 Nonconforming structures
1-19-4.230 Nonconforming uses
Division 3. Accessory Structures
1-19-4.300 Definition
1-19-4.300.1 Location
1-19-4.300.2 [Reserved]
Division 4. Transitional Provisions for Subdivision Plats and Percolation
1-19-4.400 Transitional provisions for subdivision plats and percolation
Division 5. General Lot Requirements
1-19-4.500 Separate lot requirements
1-19-4.510 Subdivision of a lot
1-19-4.520 Lot frontage requirements
1-19-4.530 Areas of lot which do not satisfy lot area requirements
1-19-4.540 Minimum lot area when individual water and sewage facilities are used
Division 6. General Yard Requirements
1-19-4.600 Measurement of front yard depths
1-19-4.610 Visibility at intersections
1-19-4.620 Corner and through lots
1-19-4.630 Court requirements
DIVISION 1. GENERALLY
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