[Added 6-19-2009 by Ord. No. 0609-02]
A.
No building permit shall be issued for any project or projects that,
individually or collectively, involve: 1) four or more dwelling units;
2) the development or redevelopment of a parcel of land, or adjacent
parcel of land, in excess of 20,000 square feet; 3) a commercial project
over 15,000 square feet of gross floor area or which requires substantial
renovation or increase in intensity of usage; 4) a development requiring
a change in zoning; or 5) any other site plan referred to the Planning
Commission by the Building Inspector until a site plan has been reviewed
and finally approved for such project by the Planning Commission.
B.
If a proposed use or development requires both site plan approval under this article and subdivision of land under Article II of this chapter, the application for site plan approval and the application for subdivision of land may be reviewed concurrently by the Planning Commission.
C.
Site plan applications may be filed by the property owner, option
holder, lessee, or the property owner's authorized attorney, contractor
or agent, except that site plan applications requiring Planning Commission
approval shall be cosigned by the property owner or, if represented
by an attorney, the attorney.
D.
The general purposes of site plan review include:
(1)
Protection of the architectural massing, composition, scale, and
character of the neighborhood;
(2)
Compatibility of new construction and structural alterations with
the existing scale and character of nearby properties;
(3)
Preservation of streetscapes;
(4)
Protection of natural resources; and
(5)
Protection of the public's health, safety, and general welfare.
E.
The Planning Commission shall determine the content of any applications and associated materials to be provided, and the number of copies to be provided, as well as other associated details of the administrative process. The site plan shall be reviewed in view of the City of Rehoboth Beach's comprehensive development plan, Chapter 270 of the City Code, this chapter, and other applicable federal, state, county, and City laws and regulations. Additionally, the Planning Commission shall consider the following factors and may require changes to site plans or attach conditions or restrictions when such changes, conditions, or restrictions are consistent with the general purposes of site plan review described in Subsection D of this section:
(1)
Motorized or nonmotorized vehicular traffic flow, both on-site and
off-site.
(2)
Access to structures.
(3)
Access to public or private streets, easements or other rights-of-way.
(4)
Pedestrian movement.
(5)
Fire equipment and other emergency access.
(6)
Refuse removal.
(7)
Landscaping and maintenance of natural features.
(8)
Drainage flow and structures.
(9)
Stormwater management.
(10)
Signage.
(11)
Lighting.
(12)
Screening for certain uses.
(13)
Recreational and open space areas.
(14)
Utilities and community facilities.
(15)
Height of buildings.
(16)
Existing scale and character of nearby properties.
(17)
Streetscape.
(18)
Impact on nearby properties or the neighborhood.
(19)
Air flow, natural light and similar environmental considerations.
(20)
Other public health, safety and welfare concerns.
(21)
Comments and recommendations received from the City Engineer,
City Departments, and the public.
A.
Prospective applicants with projects requiring Planning Commission
approval may request project concept review and discussion by the
Planning Commission. The purpose of project concept review and discussion
is to provide the Planning Commission with the opportunity at one
or more meetings to informally review the applicant's potential development
before the applicant commits substantial time and expense preparing
a formal site plan for the proposed development.
B.
Prospective applicants may request project concept review by submitting
the following materials to the Planning Commission at least 28 days
before a regular meeting of the Planning Commission:
(1)
A sketch map of the proposed development that shows its location,
surrounding properties, roads, and proposed layout of the development
as platted from a deed or tax map and/or survey and at a scale that
assures legibility; and
C.
The Planning Commission and the applicant shall review and discuss
any issues or concerns related to the proposed project. Following
the project concept review and discussion, the Planning Commission
will provide nonbinding written comments and suggestions based on
its experience, knowledge, technical assistance, and public comments.
The Planning Commission shall take no action to approve or deny the
concept or any details of a proposed development at the project concept
review and discussion.
A.
Site plans shall be submitted to the Building and Licensing Department.
The Department shall review the site plan for compliance with zoning
requirements and then initiate review of the site plan by all affected
City departments and agencies. The Department shall complete its review
within 30 days of submission, but may take additional time for good
cause. If all departments and agencies determine that the site plan
complies with their respective regulations and requirements, the site
plan shall be forwarded from the Building Inspector to the Planning
Commission with a report indicating the Department's preliminary approval
of the site plan.
B.
If the site plan must be revised in order to receive preliminary approval by the Department, the revised site plan shall follow the same process as described in Subsection A above.
C.
Site plans shall be clearly drawn to scale so that they are legible,
shall be submitted in paper form and in digital format acceptable
to the City, and must show the following:
[Amended 4-16-2021 by Ord. No. 0421-01]
(1)
A title block, including the name of the project or development and
the names of the property owner, developer, engineer, and architect.
(2)
The name of the subdivision and the lot(s) and block(s) numbers.
(3)
A North arrow, scale of drawing (sufficient to show proper detail)
and date of the drawing.
(4)
Vicinity map of the immediate and nearby areas within the City with
the site noted.
(5)
The existing zoning of the site, adjacent properties and nearby areas,
and any proposed zoning changes.
(6)
The existing and proposed structures and uses, including:
(a)
Location of all existing and proposed buildings, accessory and
main, including dimensions of buildings and setbacks from property
lines and between structures.
(b)
Existing and proposed use of all structures, accessory and main.
(c)
The existing use of and approximate location of existing structures
on adjacent properties, and such information about nearby properties
as the reviewing official(s) may require.
(7)
The boundaries or property lines of the property involved, including
bearings and distances, county or municipal boundaries, the general
location of all existing easements, streets, buildings, dune lines
or waterways, and other existing physical features in or adjoining
the subject development.
(8)
The approximate location and sizes of all existing and/or proposed
sanitary and storm sewers, water mains, stormwater structures, retention
ponds, culverts, catch basins, and other underground structures in
or near the project.
(9)
The location and sizes of all existing and/or proposed electrical
transformers and poles.
(10)
Location, size, and screening details of all existing and proposed
dumpster pads.
(11)
Calculations of required and provided off-street loading spaces,
and their locations.
(12)
Parking:
(a)
Calculations of required and provided off-street parking spaces
and their locations.
(b)
Dimensions of all off-street parking spaces.
(c)
Provisions, as required, for handicapped parking and access.
(d)
Specifications as to construction of parking areas.
(e)
Location, height, type, and direction of lighting required to
illuminate off-street parking areas.
(f)
Location of curbing and/or wheel stops in parking areas.
(13)
Dimensions of all interior drives, and their locations.
(14)
Specifications as to construction of entrances and drives.
(15)
Indications of proposed traffic flows within interior drives
and for ingress/egress to the project.
(16)
Location of existing or proposed traffic signals nearby to the
site.
(17)
The approximate location and size of recreational and open space
areas, if any.
(18)
Location of all existing and proposed fire hydrants.
(19)
Location, size, height, and orientation of all existing and
proposed signs.
(20)
Location and size of HVAC condensers and compressors.
(22)
Scaled and dimensioned floor plans of each unit. Typical floor
plans may be used for identical units.
(23)
Elevations and dimensions of each side of structure, including
approximate locations and sizes of doors and windows.
(24)
Indicate landscape materials to be used (including location,
botanical name, common name and installation size).
(26)
A sealed survey, prepared by a professional engineer or land
surveyor, licensed in the State of Delaware, is required for site
plan approval.
D.
The Department or Planning Commission may establish additional requirements to be shown on site plans or, in special cases, may waive, pending the preliminary review as set forward in Subsection E of this section, a particular requirement if, in its opinion, the inclusion of that requirement is not essential for a proper decision on the project.
E.
Preliminary review. Site plans forwarded to Planning Commission following
the Department review and available to the Commission at least 28
days before a regular meeting of the Planning Commission shall be
placed on the next available Planning Commission agenda for preliminary
review.
F.
(Reserved)
G.
The purpose of the preliminary review meeting is:
(1)
To receive preliminary input from City officials, nearby property
owners, and the public.
(2)
To determine whether additional information is needed from the applicant
or others and whether there are legal or factual issues that need
further clarification prior to final action by the Planning Commission
at a subsequent meeting.
H.
Public hearing. An applicant who has addressed the issues, if any,
identified during preliminary review shall have its site plan placed
on the Planning Commission's agenda for a public hearing and action
by the Planning Commission as described below. The scheduling of this
public hearing shall be at the discretion of the Chair of the Planning
Commission in consideration of the ongoing workload of the Commission.
I.
After the public hearing, the Planning Commission may vote to approve,
approve subject to changes or conditions, or deny the site plan review
application. If the site plan review application is approved subject
to changes or conditions, or denied, the Planning Commission shall
prepare written findings of fact in support of the changes or conditions
or denial. All work shall be completed as shown on an approved site
plan, and any revision to an approved site plan shall be in accordance
with the procedures for amendments and additions in this article.
J.
Site plan approval shall be valid for a one-year period, and expires
at the end of that period unless substantial building construction
has begun. The Planning Commission may grant an extension of not more
than one year upon written request by the applicant, within 90 days
before the expiration of the approval. A decision on an extension
request will be made within 45 days after the request is filed.
A.
With the exception of those deemed to be minor amendments, the procedure
for amendments and additions to site plans shall be the same as for
a new application. Minor amendments of an approved site plan, or conditions
attached to a site plan which are clearly highlighted on a revised
site plan with an itemized list of all revisions, may be approved
by the Planning Commission if the amendment or addition, in the reasonable
judgment of the Planning Commission:
(1)
Does not alter a recorded plat.
(2)
Does not conflict with requirements set forth in this chapter.
(3)
Does not change the general character or content of an approved development
plan or use.
(4)
Applies to an approved condition originating with the Planning Commission,
but does not remove such condition or alter it in more than a minimal
way.
(5)
Has no appreciable adverse impact on adjoining or nearby properties.
(6)
Does not result in any change of major external access points in
more than a minimal way.
(7)
Does not increase the approved number of dwelling units or height
of buildings.
(8)
Does not decrease the minimum specified yards and open spaces or
minimum or maximum specified parking and loading spaces.
B.
The Building Inspector may exempt minor structures which are not
a part of a conditional use, special exception, otherwise subject
to this article from site plan review or the procedure for amendments
and additions, provided such structure:
C.
The development of a single lot fully contained within the R-1(S)
Special Single-Family Residence District shall be exempt from this
article.
[Added 8-21-2009 by Ord. No. 0809-01]
A.
The Planning Commission shall fix a reasonable time for a hearing
on all site plan review applications and give public notice of the
hearing. Any member of the public shall have an opportunity to be
heard and may appear in person, by agent, or by attorney at the hearing.
B.
Notice of the public hearing on any site plan review application
shall be published in a newspaper of general circulation in the City
at least 15 days before the date of the hearing. Additionally, notice
of the hearing shall be sent by first class United States Mail to
all City property owners whose boundaries are within 200 feet of the
boundaries of the property that is the subject of the site plan review
application at least 15 days before the date of the hearing.
C.
Furthermore, the City Manager shall post notice of the public hearing
at one or more prominent and easily visible places on the property
that is the subject of the site plan review application. The notice
shall be posted on yellow cardboard at least 18 inches by 24 inches
in size and set forth the date and time of the public hearing on the
site plan review application; the name of the applicant; a description
and size of the property involved; and a statement, in plain language,
of the matter involved. The notice shall also state that, at the hearing,
parties and interested persons may appear in person or by agent or
attorney, and list the address and telephone number of the City's
Building and Licensing Department for interested parties seeking further
information on the application. One such notice sign shall be posted
for each street and/or boardwalk on which the applicant's property
fronts. It shall be the responsibility of the applicant to maintain
the notice signs in good condition during the posting period. The
notice sign or signs shall be posted at least 15 days before the public
hearing and shall remain posted until the date of the final public
hearing on the application.
Appeals of a decision of the Planning Commission regarding a site plan shall be to the City Commissioners in accord with § 236-6 above except that:
A.
The word "conditions" in § 236-6 shall include any changes, conditions or restrictions contained in any approval by the Planning Commission of a site plan review; and
B.
All appeals shall be an appeal on the record of the hearing before
the Planning Commission and no parties or persons aggrieved by the
final action of the Planning Commission shall be permitted to provide
new written or oral evidence, or new legal arguments, at the appeal.
Fees for those site plans requiring Planning Commission review
and approval, except for those referred by the Building Inspector,
shall be $500.
