(A) Criteria. In considering any application for site plan approval, the Council shall be guided by the following criteria.
(1) The Council shall examine the application to ensure that all provisions of this chapter and all other ordinances, master plans, general plans, and standards of the town shall be complied with where applicable.
(2) The proposed development shall not have any detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood.
(3) The architectural character of the proposed structure shall be in harmony with, and compatible to, those structures in the neighboring environment, and the architectural character adopted for any given area, avoiding excessive variety or monotonous repetition and shall take cognizance of the unique climatological and other environmental factors of this region and promote an indigenous architectural feeling.
(B) Application.
(1) The Town Council shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the Zoning Administration.
(2) Applications shall be made by the owner of the property or his or her authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his or her behalf shall accompany said application.
(C) Contents.
(1) A site plan drawn to scale, indicating precisely what is planned for the property, including the following information, as determined necessary by the officer charged with administering this chapter may be required:
(a) Lot dimensions;
(b) All building and structures existing and proposed;
(c) Yards and spaces between buildings;
(d) Walls, fences, and landscaping;
(e) Vehicular, pedestrian, and service access;
(f) Off-street parking facilities, including the number of spaces and dimensions of parking areas;
(g) Signs and lighting, including location;
(h) Outdoor storage and activities;
(i) Drainage and grading plans;
(j) Refuse disposal facilities;
(k) Street dedication and improvements;
(l) Size, shape, and all adjacent rights-of-way; and/or
(m) Other data as may assist in determining the effect of development on surrounding property.
(2) Design and development standards.
(a) All site improvements or those improvements required in public rights-of-way adjacent to the subject property shall conform to all pertinent sections in the town code, including, but not limited to, standard specifications, street rights-of-way width, and the subdivision ordinance of the town.
(c) Lighting for subject property shall be directed towards the site and shall not cause undesirable glare to nearby residential properties.
(D) Review.
(1) The Town Council may approve, with or without conditions, a development or portion thereof, if it finds that:
(a) All provisions of the ordinances of the town have been complied with; and
(b) All provisions of master plans, the comprehensive plan, and development policies and standards of the town have been complied with.
(2) An extension of approval may be granted if the recipient files for the extension prior to the approval becoming void and the Committee finds that the request justifies extension of the approval.
(3) The Town Council may find that special conditions on the property require one or more of the following:
(a) Additional height limitations;
(b) Additional building setback;
(c) Limited vehicular access; or
(d) Off-site improvements in public rights-of-way adjacent to the subject property.
(E) Enforcement.
(1) Prior to the issuance of a building permit within any district subject to site plan review, the Zoning Administrator shall ascertain that the Council has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this chapter or the Council have not elapsed.
(2) The Zoning Administrator shall ensure that all matters approved by the Council are undertaken and completed according to the approval of the Council and is hereby authorized and required to cause to be stopped any work attempted to be done without or contrary to the approval of the Council and shall cause any violator to be prosecuted.
(F) Violations and penalties.
(1) Any violation of these provisions by any person shall be prohibited and unlawful and such person shall be deemed to be guilty of a misdemeanor punishable upon conviction in accordance with the general penalty provision of the town code, and further, in addition to other remedies, the provisions of this chapter may be enforced by means of injunctive relief.
(2) Prior to any building being occupied, there must be full compliance with all requirements of the Council.
(Zoning Code, Art. I Part III) Penalty, see § 154.999