[Ord. 672; § 11, Ord. 851, eff. January 4, 1990]
(a)
Site plan review is established in order to provide a visual and
factual document that may be used to determine and control the physical
layout, design or use of a lot or parcel of land, buildings or structures.
A site plan shall contain information that may include an application
form, plans, drawings and diagrams or pictures indicating uses, forms,
dimensions and other pertinent factors sufficient to provide a document
that may be used to substantiate and corroborate facts and testimony
vital to the administration of this title.
(b)
A site plan is, or may be, required in order to determine whether
or not a proposed development will properly comply with the provisions
and development standards prescribed in this title or as prescribed
by the Commission, City Council, or other authorized agent.
(c)
Any person may also use a site plan to indicate his compliance, or
plans and intentions to comply, with the regulations and standards
prescribed in this title.
(d)
The Commission or other authorized agent may:
(1)
Require a site plan for any use, development of land, structure,
building or modification of standards that involves the approval of
the Commission;
(2)
Require such other forms and documents as are necessary to determine
compliance with the provisions of this title or any conditions that
the Commission may require in granting an approval of the requested
use, development or modification.
(3)
Require any supplemental information or material including revised
or corrected copies of any site plan or other document previously
presented.
(e)
The Commission or other authorized agent shall prescribe the form
for application blanks and site plans, and the information to be included
in the required site plan.
(f)
The Planning Commission may, within its discretion, reduce the maximum
allowable building heights, floor area to lot size ratios, coverage
allowances, and may increase the required setbacks set forth in this
title in order to reduce the impact of the proposed project on topography
and view of neighboring residents.
[Ord. 672; § 10, Ord. 851, eff. January 4, 1990]
An application for any site plan review, shall contain information
as required by the Commission or other authorized agent.
(a)
All site plans shall include a topographic map of the site, together
with a signed statement by a certified surveyor, civil engineer, or
geologic engineer certifying the height of the proposed development
is as shown on the plans.
[Ord. 672]
Approval or disapproval of any site plan shall be based upon
the following factors and principles:
(a)
Every use, development of land and application of development standards
shall take place in compliance with all applicable provisions of this
title.
(b)
Every use, development of land and application of development standards
shall be considered on the basis of the suitability of the site for
the particular use or development intended, and the total development,
including the application of prescribed development standards, shall
be so arranged as to avoid traffic congestion, insure the protection
of public health, safety and general welfare, prevent adverse effects
on neighboring property and shall be in general accord with all elements
of the General Plan.
(c)
Every use, development of land, application of development standards
shall be considered on the basis of suitable and functional development
design, but is not intended that such approval be interpreted to require
a particular style or type of architecture.
[Ord. 672, as amended by
§ 6, Ord. 741, eff. July
7, 1983; § 3, Ord. 774, eff. December 17, 1984; § 2, Ord. 1150-16, eff. January 5, 2017]
(a)
The Commission or other authorized agent acting upon any site plan
offered for review as provided in this chapter shall either:
(b)
Any site plan offered for review that contains only minor renovations, as defined by § 9-3.613, may be approved, approved with conditions, or denied administratively by the Director of the Planning Department, or such other planning official as designated by the City Manager, provided that the Fire Chief and the Director of Public Works concur in the approval.
(1)
Any administrative action on a site plan for a minor renovation
may be appealed to the Planning Commission. Administrative action
on a site plan shall become final 10 days after notice of the action
is given to the applicant.
(2)
The Director of Planning or other official responsible for administrative
approval may, in his or her discretion, refer a site plan application
to the Planning Commission even if the application meets the definition
of a minor renovation.
(3)
The Planning Commission may elect to review and take action
upon any application for a minor renovation prior to an administrative
action on the application becoming final. The Planning Commission
may establish procedures for the Planning Commission's review of and
action upon minor renovation applications. Unless a different procedure
is established, any Planning Commissioner may request that an application
for a minor renovation be reviewed by the Planning Commission, and
the Planning Commission as a whole may elect to take action on the
application. If the Planning Commission requests to review an application,
no administrative action on the application shall become final.
[Ord. 672, as amended by
§ 6, Ord. 741, eff. July
7, 1983; § 3, Ord. 774, eff. December 17, 1984]
(a)
The Commission or other authorized agent shall notify the applicant
of a request for a site plan approval of the action taken on the application.
The applicant shall be notified of the date set for hearing of the
site plan by the Commission. Upon final action by the Commission,
the applicant shall be notified of the action taken.
(b)
Said notification of action taken shall be made by first-class mail,
postage prepaid, or by other means deemed appropriate.
[Ord. 672, as amended by
§ 6, Ord. 741, eff. July
7, 1983; § 3, Ord. 774, eff. December 17, 1984; § 2, Ord. 782, eff. November 13, 1985]
In the event the applicant is dissatisfied with the action taken
on a site plan by the authorized agent, he may appeal such decision
to the Commission. A Commission decision may be appealed to the City
Council. Such appeal shall be filed within 15 days following notification.
The decision of the City Council shall be final.
[Ord. 672, as amended by
§ 6, Ord. 741, eff. July
7, 1983; § 3, Ord. 774, eff. December 17, 1984]
(a)
Before commencing the erection, construction, reconstruction that
would constitute a bathroom or kitchen, moving, conversion, alteration,
or an addition to the structural exterior of any building, structure
or property within any district shown upon the Zoning Map, permits
shall be obtained from the Commission and Building Department. This
section shall also apply to any structural alterations which change,
in any way, the exterior appearance of projects previously issued
permits by either the Planning Commission or Building Department.
(b)
Anyone who is found to have engaged in the activities described in
this section without obtaining such permits will be cited. They shall
immediately cease such unauthorized work. They shall remove all unapproved
improvements or make applications for the appropriate approval.
(c)
The fee for applications made pursuant to subsection (b) of this section shall be as set by the Avalon City Council.
(d)
The issuance of permits pursuant to the provisions of this section
shall not be deemed or construed to permit or authorize any violation
of any of the provisions of this chapter or of any other ordinance
or law.
[§ 2, Ord. 866-91, eff. October 3, 1991; § 3, Ord. 897-93, eff. June 3, 1993]
A site plan approval which is not used within the time specified
in said approval, or if no time is specified within 36 months after
the granting of approval becomes null and void and of no effect if
a timely request for an extension of time has not been made or is
denied. Any interruption or cessation of the permitted activity that
is beyond the control of the property owner shall not result in the
termination of such right or privilege.
Upon written request submitted not less than 30 days prior to
termination of the approval, the Planning Commission may grant one
six-month extension of such right or privilege but only upon a finding
that changed circumstances peculiar to the applicant have resulted
in delays beyond the applicant's control, and that the grant of the
extension would not be contrary to the provisions of the Zoning Ordinance.
The City Council may grant one additional extension of not more than
six months upon a finding that changed circumstances peculiar to the
applicant have resulted in delays beyond the applicant's control,
and that the grant of the extension would not be contrary to the provisions
of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given
to any person who requests notice at or after the hearing on the original
grant of the approval.
