1. Site plan approval is required as indicated in the table in Section 7.3.4.A.8 and as specified in this Chapter.
2. Reserved
3. Reserved
4. A site plan provides a detailed overview of the applicant’s development. Site plan review will be used to determine if the proposed development satisfies current laws, regulations, and this Chapter, and substantially conforms with the recommendations of the applicable master plan and approved guidelines.
5. A site plan application may encompass all or any part of a property and must demonstrate its relation to and coordination with other applicable approvals or submittals.
6. Site plan applications must satisfy the conditions and binding elements of and be consistent with any and all previous approvals that apply to the subject property.
7. An area covered by a conditional use approval requires a site plan only if:
a. the area is included in a sketch plan; or
b. the use standards in Article 59-3 require it.
8. A site plan is required under standard method development for any new construction or expansion of an existing structure, where the proposed intensity, described in the table below, includes both the existing structure and any expansion, as follows:
To view the Site Plan table in PDF format, click Table 7.3.4
Subject Property’s Zone | Proposed Use | Proposed Intensity (units, gross floor area in SF, or building height in feet) | Abutting or Confronting Property’s Zone (determined by base zone, not Overlay zone) | Site Plan Required |
Subject Property’s Zone | Proposed Use | Proposed Intensity (units, gross floor area in SF, or building height in feet) | Abutting or Confronting Property’s Zone (determined by base zone, not Overlay zone) | Site Plan Required |
Agricultural, Rural Residential, or Residential Detached | Permitted | Any | Any | No |
Limited | Any | Any | Yes, if required for the use under Article 59-3; other- wise, site plan requirement follows the Permitted use requirement for same zone in this table. | |
Residential Townhouse or Residential Multi-Unit | Permitted | < 20 units and ≤ 40' | Any | No |
≥ 20 units or > 40' | Any | Yes | ||
Limited | < 20 units and ≤ 40' | Any | Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use requirement for same zone in this table. | |
≥ 20 units or > 40' | Any | Yes | ||
Commercial/ Residential or Employment | Permitted | < 10,000 SF and ≤ 40' | Any | No |
≥ 10,000 SF or > 40' | Agricultural, Rural Residential, Residential, or Residential Floating | Yes | ||
All other zones | No | |||
Limited | Any | Any | Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use requirement for same zone in this table. | |
Industrial | Permitted | Any | Agricultural, Rural Residential, Residential, or Residential Floating | Yes |
> 40' | Commercial/Residential, Employment, Commercial/Residential Floating, or Employment Floating | Yes | ||
Any | Industrial or Industrial Floating | No | ||
Limited | Any | Any | Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use requirement for same zone in this table. | |
Overlay | Any | Any | Any | If required by the applicable Overlay zone under Article 59-4 or if required by the underlying zone. |
B. Application Requirements
1. Ownership:
a. An applicant must own the subject property or be authorized by the owner to file the application.
b. If any land or right-of-way encompassed by a site plan application is owned or controlled by the State, County, or any other entity or agency, a written agreement or authorization from that entity or agency must be submitted with the site plan application.
2. The applicant must submit the following for review:
a. application form and fees required by the Planning Director;
b. vicinity map at 1” = 200’;
c. site map showing existing buildings, structures, circulation routes, significant natural features, historic resources, zoning, and legal descriptions on the proposed development site and within 500 feet of the perimeter boundary;
d. list of abutting and confronting property owners in the County tax records;
e. list of any civic, homeowners, and renters associations that are registered with the Planning Department and located within 1/2 mile of the site;
f. documentation of interest in the proposed development site under Section 7.3.4.B.1;
g. statement of justification outlining how the proposed development satisfies the standards and criteria required to grant the application;
h. verification that the applicant has posted notice on the property, notified affected parties, and held a pre-submittal meeting with the public under the Planning Department's Development Review Manual;
i. Traffic Statement or Study accepted by the Planning Director, if not submitted with a previous or concurrent application;
j. environmental documentation or exemption for:
i. an approved Natural Resources Inventory/Forest Stand Delineation;
ii. Stormwater Management Concept Application or, if required, a Water Quality Plan Application; and
iii. a final Forest Conservation Plan application;
k. existing and proposed dry and wet utility plan;
l. plans of proposed development showing:
i. use, footprints, ground-floor layout, and heights of all buildings and structures;
ii. required open spaces and recreational amenities;
iii. detailed layout and dimensions for all sidewalks, trails, paths, roadways, parking, loading, and bicycle storage areas;
iv. grading;
v. landscaping and lighting; and
vi. documentation demonstrating how the application satisfies previous approvals and applicable requirements.
m. a development program and inspection schedule detailing the construction phasing for the project;
n. if a sketch plan was approved for the property, a table of proposed public benefits and the incentive density points approved for each; and
o. if common open space is required, a description of how the common use and adequate maintenance of common open space will be assured.
3. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the application for completeness within 10 days after receipt. An application is incomplete if any required element is missing or is facially defective, e.g., a drawing that is not to scale or lacks proper signatures. The assessment of completeness must not address the merits of the application.
4. The applicant must submit any required revisions to the Planning Director. The Planning Director must review the revised application for completeness within 10 days after receipt.
5. After the Planning Director verifies that the application is complete, the applicant must file the final application with the Planning Director, who will accept the application and establish a hearing date under Section 7.3.4.C.
6. Public notice is required under Division 7.5.
C. Hearing Date
The Planning Board must schedule a public hearing to begin within 120 days after the date an application is accepted. The Planning Director may postpone the public hearing by up to 30 days once without Planning Board approval. The Planning Director or applicant may request an extension beyond the original 30 days with Planning Board approval. Any extension of the public hearing must be noticed by mail and on the hearing agenda with the new public hearing date indicated.
D. Review and Recommendation
1. State and County Agencies
a. Reviewing State and County agencies and utilities must submit initial comments before the Development Review Committee meeting established under the Planning Department's Development Review Manual.
b. The applicant must submit revised drawings to address the comments a minimum of 65 days before the date of the hearing. The Planning Director may extend the deadline if the applicant submits a written request within 15 days after the revised drawings were due. If no written request is received or an extension is not granted, the application is deemed withdrawn.
c. State and County agencies and utilities must submit a final recommendation on the application a minimum of 45 days before the date of the hearing.
2. Planning Director
The Planning Director must publish a report and recommendation a minimum of 10 days before the Planning Board hearing.
3. Withdrawal of an Application
The Planning Board must send a notice to all parties entitled to notice of the hearing when an applicant withdraws an application for a site plan.
E. Necessary Findings
1. When reviewing an application, the approval findings apply only to the site covered by the application.
2. To approve a site plan, the Planning Board must find that the proposed development:
a. satisfies any previous approval that applies to the site;
b. satisfies under Section 7.7.1.B.5 the binding elements of any development plan or schematic development plan in effect on October 29, 2014;
c. satisfies under Section 7.7.1.B.5 any green area requirement in effect on October 29, 2014 for a property where the zoning classification on October 29, 2014 was the result of a Local Map Amendment;
d. satisfies applicable use standards, development standards, and general requirements under this Chapter;
e. satisfies the applicable requirements of:
i. Chapter 19, Erosion, Sediment Control, and Stormwater Management; and
ii. Chapter 22A, Forest Conservation.
f. provides safe, well-integrated parking, circulation patterns, building massing and, where required, open spaces and site amenities;
g. substantially conforms with the recommendations of the applicable master plan and any guidelines approved by the Planning Board that implement the applicable plan;
h. will be served by adequate public services and facilities including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public facilities. If an approved adequate public facilities test is currently valid and the impact of the development is equal to or less than what was approved, a new adequate public facilities test is not required. If an adequate public facilities test is required the Planning Board must find that the proposed development will be served by adequate public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, and storm drainage;
i. on a property in a Rural Residential or Residential zone, is compatible with the character of the residential neighborhood; and
j. on a property in all other zones, is compatible with existing and approved or pending adjacent development.
3. To approve a site plan for a Restaurant with a Drive-Thru, the Planning Board must also find that a need exists for the proposed use due to an insufficient number of similar uses presently serving existing population concentrations in the County, and the uses at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood.
4. For a property zoned C-1 or C-2 on October 29, 2014 that has not been rezoned by Sectional Map Amendment or Local Map Amendment after October 30, 2014, if the proposed development includes less gross floor area for Retail/Service Establishment uses than the existing development, the Planning Board must consider if the decrease in gross floor area will have an adverse impact on the surrounding area.
F. Decision
1. The Planning Board must act within 30 days after the close of the record of the public hearing by majority vote of those present at the public hearing to approve, approve with modifications or conditions, or deny the application. The Planning Board must issue a resolution reflecting its decision within this 30 day time period unless extended for up to an additional 30 days.
2. Any party aggrieved by a decision of the Planning Board may file a petition for judicial review of the decision within 30 days after the Planning Board's action to the Circuit Court and thereafter to the Court of Special Appeals.
3. The Planning Board may adopt regulations that allow an applicant to submit engineered drawings after the Planning Board acts on an application. These plans must be certified by the Planning Director to confirm that the drawings reflect the Planning Board's approval.
G. Subsequent Actions
1. Conforming Permits
For any development requiring site plan approval, DPS must not issue a sediment control permit, building permit, or use-and-occupancy permit for any building, structure, or improvement unless:
a. the Planning Board has approved a site plan;
b. a bond has been approved under Section 7.3.4.K.3; and
c. such building, structure, or improvement satisfies the certified site plan and conditions of approval.
2. Permits Exempt from Conformance to Approved Site Plans
a. On any property covered by an approved site plan, DPS may issue a sediment control permit or building permit without finding of conformance to the approved site plan to:
i. construct a handicapped accessibility improvement;
ii. construct a bikeshare facility;
iii. install outdoor lighting with full cut-off fixtures;
iv. repair an existing structure to any extent allowed by the certified site plan;
v. replace an existing structure to no more than the same footprint and height approved;
vi. install a solar collection system over any pre-existing impervious surface, including structures; or
vii. install an accessory solar collection system in any Commercial/Residential, Employment, or Industrial zone, if the minimum open space area required by the zone is satisfied after the solar collection system is excluded from the open space area and the site includes only non-residential uses.
b. DPS must submit a copy of any building or site permit approved under Section 7.3.4 to the Planning Director for inclusion in the record of the site plan.
c. On a property where a site plan was approved, any owner or owners' association may, without finding of conformance to the approved site plan, change landscaping that was not required as a condition of approval for screening or install a site element or construct structure other than a building that meets all applicable development standards under Article 59-4 and general requirements under Article 59-6 and does not conflict with any conditions of approval. A structure allowed under Section 7.3.4.G.2.c must not conflict with any necessary finding required for site plan approval.
d. Any change allowed under Section 7.3.4.G.2 does not require an amendment to the site plan.
H. Duration of Approval
1. A site plan expires unless a certified site plan, as defined and reviewed by the Planning Director, is approved within 24 months after the date the resolution is sent.
2. A site plan does not become effective until a record plat is recorded that satisfies any approved subdivision plan for the subject property.
3. A development must satisfy the zoning in effect at the time a building permit is issued as well as the requirements of a certified site plan.
4. Development activities under Section 7.3.4 must satisfy the certified site plan and any conditions of approval.
I. Recording Procedures
The certified site plan and Planning Board resolution must be maintained in the permanent files of the Planning Department.
J. Amendments
Any property owner may apply for a site plan amendment to change a certified site plan. There are two types of amendments: a major and a minor amendment.
1. Major Amendment
a. A major amendment includes any request to increase density or height; change a use; decrease open space; deviate from a binding element or a condition of approval; or alter a basic element of the plan.
b. Public notice is required under Division 7.5.
c. A major amendment must follow the same hearing procedures and satisfy the same necessary findings as the original site plan.
2. Minor Amendment
a. A minor amendment includes any change to a parking or loading area, landscaping, sidewalk, recreational facility or area, configuration of open space, or any other plan element that will have a minimal effect on the overall design, layout, quality or intent of the plan. A minor amendment also includes a reduction in approved parking to satisfy Article 59-6. A minor amendment does not include any change that increases density or height or prevents circulation on any street or path.
b. Public notice is required under Division 7.5.
c. A minor amendment may be approved by the Planning Director without a public hearing if no objection to the application is received within 15 days after the application notice is sent. If an objection is received within 15 days after the application notice is sent, and the objection is considered relevant, a public hearing is required. A public hearing must be held under the same procedures as an original application.
K. Compliance and Enforcement
1. If the Planning Board finds, after holding a public hearing or designating a hearing officer to hold a public hearing, that a property under development is not in compliance with a certified site plan, it may:
a. impose a civil fine or administrative civil penalty authorized by Chapter 50 (Section 50-41);
b. suspend or revoke site plan approval;
c. order a compliance program that would permit the applicant to take corrective action to satisfy the certified site plan;
d. allow the applicant to propose modifications to the certified site plan; or
e. take any combination of these actions.
3. If the Planning Board suspends or revokes a site plan, DPS must immediately suspend any applicable building permit under which construction has not been completed, or withhold any applicable use-and-occupancy permit, until the Planning Board reinstates the site plan or approves a new site plan for the development.
4. The Planning Board may require the applicant to post a commercially acceptable form of surety securing compliance with and full implementation of specified features of the certified site plan in an amount set by the Planning Board. If such surety is required, DPS must not issue a building permit or use-and-occupancy permit until such surety is accepted.
(Legislative History: Ord. No. 18-08, §26; Ord. No. 18-48, §1; Ord. No. 19-14, § 2.)