(a) Site Plan Review Required. Except otherwise noted in this Ordinance, the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of this Ordinance, and all other building or development activities shall require site plan approval prior to construction and/or occupancy pursuant to this chapter. For example, site plan review is required for any of the following activities:
(1) Erection, moving, relocation or conversion of a building or structure to create additional floor space, other than a single- or two-family dwelling.
(2) Any development that would, if approved, provide for the establishment of more than one principal use on a parcel, such as a single-family site condominium or similar project where a single parcel is developed to include two or more sites for detached single-family dwellings.
(3) Development of non-single-family residential uses in single family districts.
(4) Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within this Ordinance.
(5) The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single-family dwelling.
(6) Any use or construction for which submission of a site plan is required by any provision of these regulations.
(7) Proposal to establish any regulated use.
(8) A building that has been vacant for longer than twelve months.
(b) Site Plan Not Required. Notwithstanding subsection (a) hereof, site plan approval is not required for the following activities still requiring permits.
(1) Construction, moving, relocating or structurally altering a single or two- family home, including any customary incidental accessory structures.
(2) Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single family uses described in this subsection for which site plan approval is not required.
(3) A change in the ownership of land or a structure.
(4) A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with this Ordinance.
(c) Submission of Site Plan for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Zoning Officer:
(1) Three completed and signed copies of an application for Site Plan Review;
(2) Eight individually folded copies of the site plan; one each for the Solicitor; Fiscal Officer file; Zoning Officer; and each member of the Planning Commission.
(3) Evidence that the plan has been submitted for review to affected and applicable county, state and federal agencies; and
(4) Any required applicable fees.
These materials must be submitted to the Zoning Officer in sufficient time to allow review by Village staff and consultants prior to the Commission meeting at which the review will occur. The Zoning Officer will submit materials to the Fiscal Officer within 30 days after the date of filing. The Zoning Officer shall determine if additional time is needed based on the scope and complexity of the proposal.
(d) Distribution of Plans. Upon submission of all required application materials and following completion of all items required, the proposed site plan shall be placed on the agenda of a special or regular meeting of the Commission. The site plan and application shall be distributed by the Fiscal Officer to appropriate Village officials and the Village Planner for review. If deemed necessary by the Zoning Officer, the plans may also be submitted to the Village Engineer for review.
(e) Review and Action.
(1) Informal review of conceptual plans by Village staff. Applicants are encouraged to meet with the Village Staff, including but not limited to the Village Engineer, Village Planner, and such other persons as determined by the Zoning Officer, for informal review of conceptual site plans. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project's compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or Village Planner may also request input from other Village staff or consultants. Conceptual plans should, at minimum, include the proposed use, building footprint, existing conditions, general site layout and conceptual grading. Conceptual plan review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual plan review, as determined by Village.
(2) Informal review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a site plan proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate Village staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a site plan will occur at the workshop meeting.
(3) Request for revisions. Upon review of the site plan proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant's responsibility to consult with Village staff and consultants during this revision process. Action on the site plan shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(4) Public hearing. A site plan involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Commission shall set the date of the public hearing during a regular or special meeting of the Planning Commission. No hearing may be held before the Commission has had an opportunity to review the plan at a workshop session.
(5) Final action. The Commission shall review the site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the site plan as follows:
A. Table. Upon determination by the Commission that a site plan is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
B. Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant's designated representative, to attend two scheduled meetings shall be grounds for the Commission to deny approval of the site plan.
C. Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved.
D. Approval subject to conditions. The Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The applicant shall re-submit the site plan for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Zoning Officer or staff to review and approve a revised site plan on the Commission's behalf after required conditions have been addressed. The Commission may require that the Zoning Officer secure a favorable recommendation from the Village Planner and/or Village Engineer prior to final approval of the revised plan.
(f) Appeal of Decision. The applicant, or any interested party, may appeal the decision of the Commission on a site plan to the Board. Such appeal shall proceed in accordance with the procedures outlined for appeals in this Ordinance.
(g) Recording of Site Plan Action. Commission action on the site plan shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission's action. The Commission secretary shall clearly mark three copies of the application and final site plans APPROVED or DENIED, as appropriate, with the date that action was taken. One marked copy will be returned to the applicant and the other two copies will be kept on file by the Village.
(h) Procedure After Site Plan Approval. Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the Commission according to the provisions of this Ordinance, shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the penalties stated herein.
(Ord. 21-2020. Passed 12-14-20.)