The procedure for approval of site plans that
do not require a major subdivision for multifamily dwellings, townhouses,
manufactured home parks, hotels, motels, business, commercial buildings,
industrial buildings, or conditional uses requiring site plans shall
be as follows.
Public hearings shall be held by the Regional Planning Commission and Levy Court for preliminary conditional use site plans in accordance with Chapter
205, Zoning, and the following procedure:
A. Conditional use site plans shall follow the same initial review process as outlined in §§
187-35 through
187-38 above, except that 45 copies and one Mylar or one electronic copy must be submitted.
B. A public hearing on the preliminary plan shall be conducted at a regular meeting of the Commission as soon as practicable after the filing deadline for that application, scheduled in accordance with §
187-13C.
[Amended 1-16-2007 by Ord. No. 07-02]
C. No hearing shall be held by the Commission until notice
of time and place thereof has been provided to the applicant, property
owners within 200 feet of the subject property, and to such other
interested parties as may be determined by the Commission at least
10 days before the date of said hearing. Notice shall be provided
as follows:
(1) The applicant shall notify by mail all property owners
within 200 feet of the extreme limits of the subdivision as their
names appear in the County tax record at least 10 days prior to the
hearing. The applicant shall provide the Department with a copy of
the notice sent to property owners and post office receipts on or
before the public hearing date.
(2) The Department shall provide notice to the general
public of the public hearing before the Commission by publishing the
date, time, place, and nature of the hearing at least 10 days before
the hearing in a newspaper of general circulation in the County.
(3) The Commission's staff will also post a notice outlining
the date, time, place, and nature of the hearing in a conspicuous
location on the property. The published and posted notices shall contain
reference to the time and place or places within the County where
the text, maps, and plans for the proposed development may be examined.
D. At the hearing, the Commission shall receive a report
from its staff, together with the comments and recommendations of
the Development Advisory Committee. Interested parties shall have
the opportunity to offer testimony both in favor of and in opposition
to the proposed plan.
E. The Commission shall review the site plan for compliance with the requirements of this chapter, Chapter
205, Zoning, and the Comprehensive Plan. Following the public hearing, the Commission shall approve, approve with conditions, or deny the plan. Any comments or conditions related to the plan shall be returned to the applicant, with other copies retained in the files of the Commission. The grounds of disapproval of any application shall be stated upon the records of the Commission, and a copy of such statement shall be furnished to the applicant. Any approval or disapproval, after its recordation by the Commission, may be appealed to the Levy Court within 30 days.
F. The Regional Planning Commission may establish reasonable
additional requirements in conjunction with the site plan approval
to protect adjoining uses, including, but not limited to, those which
may be imposed by the Levy Court under this article. These requirements
may include, but are not limited to, measures related to:
(2) Drainage, landscaping and maintenance thereof;
(4) Signs and advertising devices;
(9) Height and setback of buildings;
(10)
The length of time for which the conditional
use can be granted; and
(11)
The amount of space (e.g., square footage) that
can be approved for the conditional use.
G. Following a recommendation by the Commission, the
site plan shall be forwarded for the Levy Court, with the appropriate
documentation from the Commission's staff, the DAC, and the Commission
for its review and approval.
H. Following a recommendation by the Regional Planning
Commission, the site plan shall be forwarded to the Levy Court, with
the appropriate documentation from the Commission's staff, the DAC
and the Regional Planning Commission for its review and approval.
I. Before approving any proposed conditional use site plan, the Levy Court shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above in Subsection
C(2).
J. The Levy Court shall review the site plan for compliance with the requirements if this chapter, Chapter
205, Zoning, and the Comprehensive Plan. Following the public hearing, the Commission shall tentatively approve, disapprove, or conditionally approve the plan subject to specific changes or conditions. Any comments or conditions related to the plan shall be returned to the applicant, with other copies retained in the files of the Commission. The grounds of disapproval of any application shall be stated upon the records of the Commission, and a copy of such statement shall be furnished to the applicant. Any approval or disapproval, after its recordation by the Commission, may be appealed to the Levy Court within 30 days.
K. The Levy Court may attach additional conditions in
the approval of any conditional use site plan as deemed necessary
to protect the health, safety, and general welfare of the citizens
of Kent County. Such conditions may include, but are not limited to:
(1) No outside signs or advertising structures except
professional or directional signs;
(2) Limitation of signs as to size, type, color, location
or illumination;
(3) Amount, direction and location of outdoor lighting;
(4) Amount and location of off-street parking and loading
space;
(6) Construction and materials;
(7) Connected with or disconnected from other buildings;
(8) Exits or entrances, doors and windows;
(9) Paving, shrubbery, landscaping or ornamental or screening
fences, walls or hedges;
(10)
Time of day or night for operation;
(12)
Control or elimination of smoke, dust, gas,
noise or vibration caused by machinery;
(13)
Requirements for termination of a use based
on lapse of time or such other conditions as the Levy Court may specify;
(15)
Numbers and types of products;
(16)
Limitation of expansions; and
(17)
Such other conditions as are necessary to protect
the health, safety, and general welfare of the citizens of Kent County.
If required by the Levy Court or Regional Planning
Commission, a surety bond shall be filed for or deposited in escrow
with the County or a letter of credit issued in a sum sufficient to
insure completion of requirements such as buffers or landscaping imposed
by the Levy Court or Regional Planning Commission. Such surety bond
or letter of credit shall be required prior to issuance of a certificate
of occupancy.
[Amended 9-25-2018 by Ord. No. 18-10]
The following shall be exempt from the provisions
for formal site plan review:
A. Projects involving an aggregate impervious cover of
less than 5,000 square feet will be excluded from the formal site
plan review requirement. Such plans may be approved administratively
at the discretion of the Director of Planning Services or designee.
B. If all equipment or all structures housing equipment
needed for the operation of a collocating broadcasting or telecommunications
tower or antenna can be sited entirely within an existing compound,
the compound being delineated either on a recorded site plan or by
use, then the addition of that equipment and/or structures will be
exempt from any site plan requirement to provide a new site plan or
revise a recorded site plan.
C. Expansion of existing and zoning-compliant land development for which
there is no existing approved site plan, provided the expansion involves
less than 5,000 square feet of impervious cover. Such plans may be
approved administratively by the Director of Planning Services or
designee. Plot plans may be submitted in lieu of engineered drawings.
Any further expansion must be reviewed by the Regional Planning Commission
and/or Levy Court as applicable. All such expansions shall be cumulative.
If conditional use approval is required, the application shall be
processed without requiring formal engineered drawings.
D. Accessory structures of less than 300 square feet and not requiring
a permanent foundation are exempt from both formal and administrative
site plan review.
E. New or expanded development exempted from formal site plan review
shall comply with all applicable design criteria included in this
chapter to the greatest extent practicable. Design criteria shall
include but not be limited to landscaping, sidewalk installation,
buffer requirements, and tree preservation.
F. The Director or designee may require letters of no objection from
applicable agencies for new or expanded development exempted from
formal site plan review.
Permits issued under an approved site plan may
be revoked by the County for failure to comply with the approved plan,
the conditions attached thereto, or other applicable regulations.
If specified conditions are met in revised plans, the Planning Director
or designee may approve issuance of building permits accordingly,
if, in his/her opinion, such changes do not substantially affect the
original approved plan or conditions attached thereto.
If a building permit is issued on the basis
of plans and applications that have been considered and approved by
the Department, the Regional Planning Commission, the County Board
of Adjustment, or the Levy Court, the permit authorizes only the use,
arrangement, and construction set forth in the plans and applications,
and any site-related variation from the plans or applications violates
this chapter.
Nothing in this article shall be interpreted
to permit a grant of variance or exception to the regulations of this
chapter or to abridge the procedures or requirements of the laws and
ordinances governing zoning or the subdivision of land.
Fees for the review of any site plan, conditional
use site plan, or revision to any site plan may be established by
the Levy Court.