A. Purpose and Intent. The purpose for the Non-Residential Site Plan procedure is to establish a consistent and predictable process for the review of proposed non-residential development, through a graphical representation of the proposal. Non-Residential Site Plan review is an analysis to ensure that allowable development is configured in accordance with the standards in this Ordinance, not a consideration of whether or not a proposed development is allowed.
B. Applicability.
1. Except for development exempted from Non-Residential Site Plan review in accordance with Section 2.2.9.C, Exemptions, all forms of commercial development that involve construction, moving, or significant alteration of a building or habitable structure, that result in the increase in the amount of impervious surface on a lot, or that involve the provision of landscaping, off-street parking, stormwater management devices, or similar site features shall be subject to Commercial Site Plan review in accordance with this section.
2. Changes in use that trigger requirements for sidewalk provision or changes to roadway configuration shall also require site plan approval.
C. Exemptions. The following forms of development are exempted from site plan review, but shall require a plot plan and shall be subject to the standards in Section 2.2.4, Building Permit, or Section 2.2.24, Zoning Compliance Permit, as appropriate:
1. Construction of a single-family detached dwelling on an individual lot;
2. Establishment of an accessory use or structure; and
3. Changes of use that do not result in the need for additional off-street parking spaces, additional screening, differing stormwater practices, or additional landscaping.
D. Non-Residential Site Plan Procedure. The site plan procedure is described in Figure 2.2.14, Site Plan Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Application. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
F. Decision by Technical Review Committee. The Technical Review Committee shall review and decide the application in accordance with Section 2.2.14.G, Site Plan Review Standards.
G. Site Plan Review Standards. A site plan shall be approved on a decision the application complies with:
1. All standards or conditions of any prior applicable permits and development approvals;
2. All applicable requirements of this Ordinance and the Town Code of Ordinances; and
3. All applicable county, state, and federal requirements.
H. Effect.
1. Approval of a non-residential site plan authorizes the submittal of construction drawings. Construction drawings shall be required in cases where public infrastructure (e.g., streets, waterlines, sanitary, streets, waterlines, sanitary sewer, etc.) is extended to serve the development.
I. Amendment. Amendment of a site plan may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
J. Expiration. If a construction drawing is not submitted within one year from the date of issuance, the approval shall become null and void.
K. Appeal. Appeal of the decision on a site plan shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2024-10, passed 9-11-2023)