(a) Purpose. The purpose of these provisions is to provide a harmonious and compatible relationship between business uses in the Town and in neighboring residential areas and, in the case of multi- family development, to encourage a harmonious linkage with the surrounding developments. These provisions are also provided so that the approval of any special exception may be conditioned on an applicable site plan. This is provided with a review and evaluation of all site plans by the Civil Engineer, Building Official and/or Planning Official, Planning and Zoning Board, and the Town Commission.
(b) Site plan approval required. A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and/or Planning Official and Planning and Zoning Board and approved by the Town Commission prior to issuance of a permit for development of any of the following:
(1) New construction for buildings and related structures in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
(2) Construction or alterations that will increase the height of an existing building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in a 4-RM, 5-RMO, 6-B, 7-C or 8-B zoning district.
(3) Construction or alteration that will expand the interior of an existing building devoted to an existing use if the expansion is to a special exception use or if the expansion would result in a requirement for additional parking spaces.
(4) Construction or alteration that will expand the exterior of an existing building including but not limited to porches, patios, decks, balconies or other features, that have the potential to increase the activities on the site in a manner that would create a need for additional off-street parking or loading facilities, in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
(5) Construction or alteration that occurs in conjunction with a change in the usage (activity) of an existing building or structure in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
(6) Churches, museums, places of worship, temples, libraries or schools in a 1-RS, 2-RS, or 3-RS zoning district.
(7) For all development related to a special exception use, the special exception use shall not be considered approved until a site plan meeting all criteria of the Land Development Code has been reviewed by Town staff and the Planning and Zoning Board and approved by the Town Commission.
(c) General consideration and site plan review.
(1) The Planning and Zoning Board, Civil Engineer, Building Official and/or the Planning Official shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, stormwater retention, loading provisions, off-street parking provisions and other provisions that are regulated by the Land Development Code are adequate to meet the requirements of this Land Development Code and that proposed uses are harmonious with the adjacent uses and with the area.
(2) In addition to the above general consideration, the Civil Engineer, Building Official and/or the Planning Official, Planning and Zoning Board and the Town Commission, in the exercise of their authority, shall also consider the following standards and factors and shall show in the record that each factor was considered.
a. Ingress and egress to property and proposed structures, with reference to automotive and pedestrian safety, traffic flow and control, provision of services and access in case of fire or catastrophe.
b. Manner of drainage to and from the property.
c. Utilities, with reference to hook- in locations and availability and capability for the use projected.
d. Off-street parking areas and loading areas with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and convenience to the units it is designed to serve.
e. Landscaping in conjunction with parking areas and open spaces (see Chapter 9A).
f. Density of development, within the framework of the permitted density in the case of multi-family uses.
g. In multi-family development, consideration shall be given to recreation and open spaces, with attention to the location, size and development of the areas in regard to their adequacy, their effect on privacy of adjacent living areas and their relationship to community-wide open spaces and recreation facilities.
h. General character and compatibility with reference to ensuring the proposed plan will be designed so as not to cause substantial depreciation of property values or reduce the safety, light, air and general convenience of neighboring developments.
i. Setbacks, distances between structures, required screening for adjoining areas, lighting and signs.
(3) With regard to site plans for a special exception use, the special exception and the site plan shall also be evaluated by the Board of Adjustment considering each of the foregoing requirements in paragraph (2) above; the requirements for issuance of a special exception set forth in § 7A-152; and the special exception requirements set forth in an applicable zoning district, all as a part of the process for approving a special exception as set forth in § 7A-152. Approval of a special exception site plan by the Board of Adjustment shall be conditioned upon approval of the site plan (but not the special exception) by the Planning and Zoning Board and the Town Commission. Any non-approval of a special exception site plan by the Town Commission shall require re-examination and consideration for approval of the special exception and site plan by the Board of Adjustment.
(d) Procedure for obtaining site plan approval shall be as follows:
(1) Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development and determine if the proposed use conforms to the zoning requirements of the district.
(2) Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan and it will be used as a guide for site plan evaluation.
(3) Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared by a registered civil engineer or architect, licensed to practice in the State of Florida, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed utilities and storm drainage systems in accordance with the site plan requirements shall be submitted to the Building Department.
(4) General statement. A statement describing the general character of the intended development and the proposed method of preserving and maintaining open space shall accompany the seven copies of the preliminary site plan.
(5) Review and recommendations. Applications for site plan approval shall be submitted to the Building Official who shall forward copies of the proposed plans to the Police Department and the Fire Department for their written recommendations regarding health, safety and welfare.
(6) Upon completion of the above five steps and receipt of the above recommendations, the Planning and Zoning Board shall review the site plan and those recommendations and submit their own recommendations to the Town Commission within 30 days after the receipt of the above plans and recommendations, and in no event later than one week prior to the date of a public hearing which is hereby required to be held. The Town Commission then shall review all recommendations and either approve, disapprove, or approve with conditions the plan or portions of the plan submitted not later than the second regular Commission meeting following the receipt of the written recommendations.
(e) Site plan requirements. Site plans shall include:
(1) Name, location, owner and designer of the proposed development and the intended use(s).
(2) Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.
(3) Date, north arrow and graphic scale (not less than one inch equals 20 feet).
(4) Location of all property lines, existing streets, easements, utilities, as well as proposed drainage structures and culverts and proposed streets, driveways and general lot layout.
(5) Location of all trash and litter receptacles.
(6) Location and design of landscape areas, including all existing trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey.
(7) All structures, major features and fences, including all existing outbuildings and accessory structures (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the distance between structures and the distance between driveways, parking areas and property or lot lines.
(8) Sign locations.
(9) Off-street parking and loading provisions in detail.
(10) A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met.
(11) A professionally prepared plan drawn to scale and depicting the exterior appearance of proposed construction including landscaping, parking lots, and general layout. An elevation sketch of the front building facade indicating height dimension.
(12) A performance bond. After the site plan for a commercial structure has been approved but prior to the issuance of a building permit, the owner and/or developer shall present to the Building Official proof that he (the owner and/or developer) has secured a performance bond in favor of the Town in an amount equal to 1 1/2 times the value of the construction for which a building permit is requested. This performance bond is required to restore the site to its preconstruction condition or completion of building should construction be abandoned at any stage for any reason.
(f) Final approval to site plan.
(1) Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer, and Building Official. Substantial deviations as defined by the Town Manager, Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.
(2) Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.
(3) Site plans are approved for six months only. During that time a building permit must be applied for. In the event a permit is not applied for within that six-month period, application must be made for a new site plan approval. Any change in the zoning code that occurs during that period will be applicable to the new site plan approval. Site plans approved as a condition of a special exception shall be valid for six months after the exception is granted; provided that any change in the zoning code that occurs during that period will be applicable to the new site plan approval.
(`75 Code, Appendix A, Art. VII, 2) (Ord. 75-1, passed 2-11-75; Am. Ord. 78-9, passed 5-22-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)