A.
An application for a building and zoning permit and approval of a
site plan shall be made to the Building Inspector prior to the commencement
of the excavation for or the construction of any building or structure
or the use of land.
B.
Site plan approval is not required for the following development unless requested by the Building Inspector under Subsection C.
(1)
Residential uses.
(a)
In R-1, B-1, B-2, C, I, RC-1, and RC-2 Zoning Districts. Application
for construction of a single structure designed for residential use
and which requires area for 10 parking spaces or less. The foregoing
notwithstanding, site plan approval shall be required for the development
of a two- or three-family residence or townhouse where the dwelling
units are under separate ownership and served by a common driveway.
[Amended 12-20-2005 by L.L. No. 7-2005]
(b)
In RH and RC-3 Zoning Districts. Applications for construction
of a single structure designed for residential use and which requires
a parking area of four parking spaces or less.
(2)
Nonresidential uses. Applications for construction of a single structure
designed for nonresidential use, but containing less than 10,000 square
feet of gross floor area.
(3)
Accessory uses. The construction of accessory uses to single-, two-,
and three-family detached residences, such as private garages, toolhouses,
gardens, greenhouses, swimming pools or other similar uses.
(4)
Repairs and improvements. Repairs or improvements to the interior
of a building that do not involve a structural change or enlargement
of the building, as determined by the Building Inspector.
(5)
Renovations. Renovations or alterations to a building exterior that
do not involve a major structural change or enlargement of the building,
as determined by the Building Inspector.
(6)
Conversions.
(a)
Conversions of properties which do not otherwise exceed the
minimum threshold criteria set forth above.
(b)
If an application for a building and zoning permit for new construction,
an addition or a revised or enlarged parking area is received for
a lot where the existing use or the existing use and the proposed
action exceed the minimum threshold criteria set forth above, then
such application shall require site plan approval, even though the
work applied for may be within the minimum threshold criteria.
C.
The Building Inspector, in his discretion, may require site plan
approval if, in his judgment, the proposed construction, alteration
or change of use will affect existing circulation, drainage, landscaping,
lighting, off-street parking or other elements of environment affecting
the quality of life in the City.
The provisions of this article shall not limit, in any way,
the requirements for submission and compliance with other local, county
or state codes or ordinances.
Where an applicant can demonstrate to the satisfaction of the Planning Board that some of the site plan requirements or guidelines cannot be complied with due to unusual physical constraints of the property or other extraordinary and exceptional circumstances, the Planning Board shall have the right to waive the applicable site plan requirements and/or guidelines as specified in §§ 360-37 and 360-38 of this chapter.
All site plans shall comply with the following requirements
and include the following information and data, where applicable:
A.
Application information. The applicant shall supply to the Planning
Board the following:
(1)
Name and address of the owner. If the owner is a corporation, the
name and address of the corporation and the names of the corporate
officers shall be submitted.
(2)
Title of development, if applicable.
(3)
Tax Map designation and street address of proposed activities.
(4)
Name, address and license number of the person preparing the site
plan.
(5)
Date of the site plan.
B.
Location map. A location map, delineating the location of the site
with reference to surrounding areas and existing street intersections
within 200 feet, shall be submitted. This map should also include
a North arrow, scale, the location of buildings within 200 feet and
the identification of zoning district boundaries within 200 feet.
C.
Site plan details. The information listed below shall be included
on the site plan, which shall be prepared by a professional engineer,
land surveyor or architect. Maps, as required, shall be drawn to a
scale of not less than one inch equals 50 feet and shall include a
North arrow and legend. The following details shall be included on
the site plan:
(1)
Existing features.
(a)
Layout of proposed buildings or structures.
(b)
Existing lot line dimensions in feet and all relevant bearings
in tenths of seconds.
(c)
Boundaries of the property, including required building or setback
lines and lines of existing streets, lots and easements, and areas
dedicated to public use, including grants, restrictions and rights-of-way.
(d)
All distances, as measured along right-of-way lines, of existing
streets abutting the property to the nearest intersection with any
other street.
(e)
Location of existing buildings on the site which shall remain
and all other structures such as walls, fences, culverts and bridges.
Structures to be removed shall be indicated by dashed lines.
(f)
Location and elevation of all storm drainage structures, whether
publicly or privately owned, with pipe sizes, grades and directions
of flow.
(g)
Existing contours at one-foot intervals where slopes are 10%
or less, and five-foot intervals where slopes are greater than 10%.
Where any changes are proposed, finished grades should be shown as
solid lines and existing grades as dashed lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
The location of significant natural features, such as rock outcrops,
watercourses, ponds, marshes, wooded areas, depressions and flood
lines.
(2)
Proposed activities.
(a)
A survey, prepared and sealed by a licensed surveyor or engineer,
showing the boundaries of the parcel and the limits of all proposed
streets, recreation areas and other property to be dedicated to public
use. The plan shall be accompanied by such other exhibits of an architectural
nature as may be required by the Planning Board.
(b)
All proposed easements and public and community areas, all proposed
streets with profiles indicating grading and cross sections showing
road-way widths, the locations and widths of sidewalks and the location
and size of proposed utility lines.
(c)
The proposed use or uses of land and buildings, including floor
space, number of employees, housing units or any other capacity measurement,
as relevant.
(d)
All proposed means of vehicular ingress and egress to and from
the site, including the location and size of driveways and curb cuts,
and the organization of traffic channels and controls, as applicable.
(e)
All proposed building materials and architectural treatments.
(f)
The location and design of any proposed off-street parking areas
and/or loading areas, showing the size and location of parking bays,
aisles and barriers.
(g)
Location of all proposed waterlines, valves, hydrants, sewer
lines or alternative means of water supply or sewage disposal and
treatment.
(h)
The proposed location, kind, direction and intensity of illumination
and time of proposed outdoor lighting.
(i)
The proposed screening, landscaping and planting and natural
vegetation to remain; the areas to be planted; and the type of vegetation
to be utilized. Existing trees of three or more inches in caliper
shall also be shown.
(j)
The location, dimensions and details of all signs.
(k)
Any additional information or data as may be required by the
Planning Board.
The site plan and site design shall be consistent with the following
guidelines. These guidelines establish general standards to accomplish
the objectives of this chapter. These guidelines are intended to supplement
other applicable codes and ordinances in the City, but in no case
shall these guidelines waive any more restrictive regulation contained
in other codes and ordinances. Guidelines for various considerations
shall be as follows:
A.
Residential.
(1)
Every residential building shall have sufficient open space to permit
convenient access for maintenance, fire protection, adequate light
and ventilation of habitable rooms and reasonable indoor privacy.
(2)
In a site development, consideration shall be given to the needs
of the residents for nonvehicular open space for active and passive
recreation. Adequate night lighting for the safe use of streets, parking
areas, walks and steps shall be provided or arrangements made for
its provision by public authority.
(4)
Where appropriate, paved walks, parking areas, driveways, exterior
steps and landscaping.
(5)
Access to each dwelling unit shall be provided without passing through
any other dwelling unit.
(6)
All dilapidated portions of existing properties or blighted structures
which are not economically repairable shall be removed.
(7)
All alterations, repairs and other improvements shall be harmonious
with existing conditions to remain on the site.
(8)
Vehicular access shall be designed to provide maximum safety and
ease of circulation and to eliminate traffic conflicts.
B.
Nonresidential.
(1)
All nonresidential structures shall be constructed, improved and/or
maintained to a level necessary to adequately provide for the delivery
of goods and services to customers and to provide safe, healthy working
conditions for employees.
(2)
Entrances and exits to nonresidential and commercial uses shall be
designed and maintained in such a manner as to encourage customer
use, provide a safe means of ingress and egress for customers and
employees and eliminate traffic conflicts.
(3)
Off-street parking, off-street loading and unloading and pedestrian
access shall be separated so as not to create conflicting movements.
(4)
Store fronts, entrances and signs shall be of integrated design to
enhance the appearance of the Central Business District and other
commercial areas.
(5)
Each structure shall have at least one entrance with direct access
to a public street.
(6)
Where used for public access, all side and rear passageways shall
be paved.
(7)
Paved and unpaved areas shall be properly drained to sewers or underground
drains. Roof drainage shall discharge in such a manner as to provide
for acceptable drainage.
(8)
All unpaved areas shall be properly landscaped.
C.
General architecture.
(1)
The location, general massing and character of building elements
shall be organized to create a harmonious continuity of exterior spaces
and an integrated overall site design.
(2)
The design of individual buildings shall be scaled and proportioned
to normally accepted design standards, with proper consideration given
to their relationships to adjacent buildings, both existing and proposed,
in terms of height, bulk, light, air, usable space, access and off-street
parking.
(3)
Building materials shall be selected for durability, harmonious relationships
and, where appropriate, for continuity of treatment with neighboring
structures.
(4)
The treatment of the side and rear facings of new buildings shall
be consistent with the treatment given their street frontage.
(5)
Building appurtenances and accessory structures shall receive architectural
treatment consistent with that of the principal building(s).
D.
Streets, pedestrian walks and open space.
(1)
Streets, pedestrian walks and open spaces shall be designed as integral
parts of the overall site design and coordinated with adjacent development.
They shall be properly related to existing and proposed buildings,
parks and other neighboring facilities and shall be appropriately
landscaped and adequately and attractively illuminated.
(2)
Landscaped and paved pedestrian walks shall be provided along the
lines of most intense use, particularly from building entrances to
streets and off-street parking areas.
(3)
The location and design of pedestrian walks shall provide for maximum
safety and separation from vehicular traffic and shall emphasize desirable
views of new and existing development.
(4)
Materials of paving, lighting fixtures, play areas, plantings, fences
and other streetscape elements shall be durable and well designed,
easily maintained and indicative of their function.
(5)
Open spaces shall be located to provide maximum usability and to
create a harmonious relationship of buildings and land.
E.
Off-street parking and loading.
(1)
Off-street parking and loading facilities shall be coordinated to
minimize the number of entrances, exits and obstructions to pedestrian
walks.
(2)
Pedestrian access from parking facilities to uses served by such
facilities shall not be in conflict with vehicular movements. Where
this cannot be avoided, pedestrian crossing areas shall be well marked
for both vehicles and pedestrians.
(3)
Parking and loading facilities shall be landscaped and/or screened from public view, in accordance with the guidelines listed in Subsection F below, to eliminate the monotony and unattractive nature of large paved parking areas. All surface parking areas shall incorporate planting pockets and trees, where possible.
(4)
Design standards.
(a)
The Planning Board may approve parking areas meeting design standards which are less than those required in § 360-37 of this chapter; however, in such instances, the applicant shall provide evidence that the use of such areas will be adequately controlled and restricted to allow such modification. In such cases, off-street parking spaces shall meet the following design standards:
[2]
When fewer than 10 parking spaces are provided or required,
all spaces shall conform to standard size car requirements. Where
10 or more spaces are provided or required, up to 20% of the spaces
may be designed to accommodate subcompact cars, and up to 20% of the
spaces may be designed to accommodate compact cars.
[3]
Every space shall have direct and usable driveway access to
a street or alley, with minimum maneuver area between spaces as follows:
[a]
For parallel curb parking: 4 1/2 feet additional
between each space, with a 12-foot aisle width for one-directional
flow and a 24-foot aisle width for two-directional flow.
[b]
For 30° parking: 12-1/2-foot aisle width for
one-directional flow and 25-foot aisle width for two-directional flow.
[c]
For 45° parking: 15-foot aisle width for one-directional
flow and 25-foot aisle width for two-directional flow.
[d]
For 60° parking: 20-foot aisle width for one-directional
flow and 25-foot aisle width for two-directional flow.
[e]
For perpendicular parking: 25-foot aisle width
for one-directional and two-directional flow.
(b)
The Planning Board may modify these standards when off-street
parking is provided in a parking structure or garage.
F.
Landscape design.
(1)
Landscaping shall be integrated into the overall site design and
be properly related to adjacent and proposed buildings.
(2)
Landscape materials should be appropriate to growing conditions of
the City's environment.
(3)
Existing trees and vegetation, wherever possible, should be integrated
into the site and landscaping plan.
(4)
Parking areas shall be unobtrusive and appropriately screened and
landscaped to blend harmoniously with adjoining areas.
G.
Solar access. Site plans shall be developed in such a manner as to
provide maximum solar access for all users of the site as an energy
conservation factor. The site plan shall specifically address this
guideline, and the Planning Board will consider the effectiveness
of the developer's proposal in achieving maximum solar access in its
review and may require modifications to achieve improved solar access.
In the event that, due to extraordinary circumstances, the property
is to be occupied or a certificate of occupancy is required prior
to 100% completion of required improvements, the owner shall be obligated
to post a performance security in accordance with the following:
A.
The amount of the security shall be established based on the City
Planner's estimate of the cost of completion.
[Amended 8-17-2017 by L.L. No. 3-2017]
B.
The security shall be posted with the Building Inspector with a schedule
for completion.
C.
The security may be in the form of a performance bond, cash, pledge
of savings account or irrevocable letter of credit from a bank or
savings and loan.
D.
Failure of the developer to complete construction as approved in
accordance with the completion schedule shall result in forfeiture
of the security.
E.
The City may, at its discretion, complete approved remaining construction
activities using security funds.
