For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Definitions contained in the existing town zoning and subdivision
ordinances, as appropriate, shall apply herein.
Any person whose property is located in the town and adjoins
or is directly across any street or any other way or stream from the
land to be considered or under consideration by the planning commission
for site plan review approval. For purposes of receiving testimony,
and not for purposes of specific notification, the term “abutter”
shall include any person who is able to demonstrate that his land
will be directly affected by the proposal to be considered or under
consideration.
A detached building on the same lot with the primary building,
the use of which is clearly incidental to that of the primary building
or use of the land.
Shall include the word “structure.”
The construction of improvements on a tract or tracts of
land, which shall include the enlargement of the structure or physical
changes to the site to accommodate the intended use.
Whenever used without a prefix, shall refer to a registered
professional engineer retained by a subdivider or developer.
The increase in size or the expansion of any structure or
appurtenance, whether said appurtenance exists alone or in service
of a structure or other appurtenance.
All structures, appurtenances or additions to the site whether
above or below the surface of the land, and including but not limited
to buildings, construction of any kind, site grading, landscaping,
street construction, and utilities (including water, sewer, electric,
gas, and storm drainage), whether proposed by the developer or required
by the commission under these regulations.
Land occupied or to be occupied by a building or accessory
building and including such open spaces as are required by ordinances
of the town and having its principal frontage on a public street or
officially approved place.
Any private system providing potable water.
Any use other than that of a single-family residence (includes conversion permitted use) and which is specifically permitted under article 14.02, the zoning code.
The body of members charged with the responsibility of reviewing
for approval all subdivisions, preliminary plats and final plats in
the town.
A development plan, drawn to scale, showing uses and structures
proposed for a parcel of land as required by this article.
A way for vehicular traffic, whether designated a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, or however otherwise designated.
Any division of any lot, tract or parcel of land into two
or more parts for the purpose of sale or of building development,
whether immediate or future. It also includes resubdivision or replatting
of land, lots, or tracts. Divisions of land for agricultural purposes
in parcels of ten acres or more shall not be included within this
definition, unless any such division of five acres or more includes
the planning or development of a new street or extension of public
utilities.
(1998 Code, sec. 155.001)
The purpose of the site plan review is to provide an orderly
process to evaluate proposed nonresidential development, thereby promoting
the public health, safety, convenience and welfare of the residents
of the town.
(1998 Code, sec. 155.002)
This article shall be known as the site plan review regulations
for nonresidential development.
(1998 Code, sec. 155.003)
(a)
These regulations govern all nonresidential development in the GB (general business) zone and PC (planned center) zone. Permitted uses in the GB and PC zones are listed in article 14.02 (zoning regulations), and development in these zones shall comply with the provisions of this article.
(b)
Approval of site plans and the design and construction requirements for developments within the commercial planned development district shall be governed by the provisions of article 14.02, division 14, and not this article; provided, however, that the provisions of sections 14.03.031 through 14.03.140 shall not be applicable to such developments.
(1998 Code, sec. 155.004; Ordinance
adopting Code)
(a)
With the intent of providing for the orderly present and future development
of the town, these provisions and regulations shall govern nonresidential
development within the area of jurisdiction of the town, whether or
not such development includes a subdivision of the site.
(b)
The site plan review procedure in no way relieves the applicant from
compliance with the zoning code, subdivision regulations or other
regulations which pertain to the proposed development. No site plan
will be approved unless it complies in all respects with any and all
pertinent ordinances and regulations.
(c)
Consistent with enabling legislation, these regulations are intended
to ensure that nonresidential developments:
(1)
Are harmonious with the town and its environs;
(2)
Are provided with adequate services and utilities;
(3)
Are provided with safe and convenient traffic flows both on and off
the site;
(4)
Do not necessitate an excessive expenditure of public funds for the
supply of such services;
(5)
Promote the public’s health, safety and convenience;
(6)
Are consistent with the balanced growth objectives of the town; and
(7)
Are compatible with and do not have adverse or other disharmonious
effects on contiguous sites and uses.
(1998 Code, sec. 155.005)
(a)
The planning commission requires site plans to be submitted to it
for review by any applicant seeking any of the following:
(1)
The construction of any new nonresidential use in the GB zone and
PC zone.
(2)
Any modification or intensification of any nonresidential permitted
use or grandfathered use.
(3)
The construction or conversion of any nonresidential use in which
development of the site is contemplated or required by virtue of any
other town or state ordinance, statute, regulation or decision of
the town’s zoning board of adjustment.
(4)
The change within a structure from one permitted use to another permitted
nonresidential use which will require development of the site, including,
but not limited to, improvement or alteration to the site required
by virtue of any other town or state ordinance, statute or regulation.
(b)
Site plan review shall not be required when:
(1998 Code, sec. 155.006)
(a)
In reviewing site plans, the planning commission must take into consideration
the public health, safety, and general welfare, the comfort and convenience
of the general public, and comprehensive plan objectives, and, as
a condition of approval, may require such modifications of the proposed
site plan as it deems necessary to comply with the spirit as well
as the letter of these regulations.
(b)
The planning commission shall take into account the following objectives:
(1)
Safe, adequate and convenient vehicular and pedestrian traffic circulation
both within and without the site. At least the following aspects of
the site plan shall be evaluated to determine the conformity of the
site plan to this standard:
(A)
The effect of the proposed development on traffic conditions on abutting
streets.
(B)
The number, location and dimensions of vehicular and pedestrian entrances,
exits, drives and walkways.
(C)
The visibility in both directions of all exit points of the site
and the visibility of vehicles entering or exiting the site to drivers
of vehicles traveling on abutting streets.
(D)
The location, arrangement and adequacy of off-street parking facilities.
(E)
Interconnection of parking areas via access drives within the site
and between the site and adjacent lots, in order to provide maximum
efficiency, minimize curb cuts, and encourage safe and convenient
traffic circulation.
(F)
The location, arrangement and adequacy of truck loading and unloading
facilities.
(G)
Patterns of vehicular and pedestrian circulation both within the
boundaries of the site and in relation to the adjoining street and
sidewalk system.
(H)
The location and adequacy of landscaping within the site and bordering
parking and loading facilities.
(2)
The protection of environmental quality and the preservation and
enhancement of property values. At least the following aspects of
the site plan shall be evaluated to determine the conformity of the
site plan to this standard:
(A)
The location, height and materials of walls, fences, hedges and plantings
so as to ensure harmony with adjacent development, screen parking
and loading areas, and conceal storage areas, utility installations
and other such features.
(B)
The prevention of dust and erosion through the planting of ground
cover or installation of other surfaces.
(C)
The landscaping of the site, which shall consist of natural undisturbed
vegetation or features, or ground cover, shrubs, or trees, as appropriate.
(D)
The preparation of the site with minimal disturbance to existing
vegetation.
(E)
The grading and filling of the site to minimize the alteration of
surface and subsurface drainage to, toward or across abutting properties.
(F)
The protection of residential abutters against undue noise, glare,
unsightliness or other nuisances detrimental to property values.
(3)
In acting upon any site plan, the planning commission may take into
consideration the recommendations of the town building inspector,
the public works department, the fire department, and any other town
agencies or outside specialists with which the planning commission
consults.
(4)
(A)
These regulations shall be interpreted as minimum requirements, and
compliance with these minimum requirements in no way obligates the
planning commission to approve any particular application solely on
that basis.
(B)
The planning commission will fully consider all aspects of an application
before rendering its decision. This will include a study of all site
design and technical aspects of the proposal as well as consideration
of the impact of the development on the open space, wildlife habitat
and other natural resources, on local traffic patterns and on available
public utilities, services and municipal resources. Only after the
planning commission has fully satisfied itself that the proposed project
is in the best public interest and that it will not prove detrimental
to the public health, safety, welfare or prosperity will the application
be recommended for approval.
(5)
If any other provision of town or any provision of state or federal
law relates to any matter covered herein, the provision which imposes
the greater restriction or higher standard shall govern.
(1998 Code, sec. 155.007)
(a)
Land unsuitable for development due to the presence of poorly drained
soils, flood hazard areas, steep slopes or subsurface factors or other
conditions constituting a danger to health, safety or the environment
shall not be approved for development unless the applicant presents
satisfactory evidence or data to the planning commission establishing
that the methods proposed to overcome any such conditions are adequate.
(b)
The planning commission, in its discretion, shall not recommend for
approval such scattered or premature developments that would endanger
or be injurious to health, safety or prosperity by reason of the lack
of public services, or necessitate an excessive expenditure of public
funds for the supply of such services.
(1998 Code, sec. 155.008)
No building permit shall be issued by the building inspector
for the construction of any building or other structure on a development
subject to these regulations until approval is granted by the town
council, and no certificate of occupancy shall be issued until the
terms and conditions of the planning commission’s recommendations
and the town council’s approval have been fulfilled.
(1998 Code, sec. 155.009)
