[Amended 4-6-2004 by Ord. No. 1678; 7-29-2008 by Ord. No. 1984; 6-19-2012 by Ord. No. 2264; 10-11-2016 by Ord. No. 2470; 3-28-2017 by Ord. No. 2489; 2-27-2018 by Ord. No. 2550]
Where the provisions of this chapter
require the submittal of site plans for RPC Districts, C-4 Planned
Commercial Districts and conditional uses, the following schedule
of procedure shall apply:
A. When the preliminary site plan is approved
by the County Council, it shall be returned to the Commission pending
preparation of the final site plan by the applicant. A schedule of
construction phases shall be approved by the Planning and Zoning Commission.
The first of the final site plans submitted according to the approved
schedule of construction need cover only the designated initial construction
phase. An additional site plan shall be submitted for each of the
scheduled succeeding construction phases.
B. The Planning and Zoning Commission shall
review the final site plan for compliance with the requirements of
the County Council and this chapter. The final site plan shall be
amended in accordance with the requirements of the County Council
and the Planning and Zoning Commission and shall be placed on record
after such approval.
C. No public hearing shall be required for
approval of any final site plan unless changes in the final site plan
significantly alter a provision of the preliminary site plan.
D. If required by the County Council, a security
bond shall be filed for or deposited in escrow with the county in
an amount sufficient to insure completion of requirements as may be
imposed by the County Council.
E. When approving a conditional use for attached or detached single-family or multifamily dwellings or a change of zone for a residential planned community of attached or detached single-family or multifamily dwellings, in any zoning district in which they are permitted with Council approval, Council shall have the right to impose a condition requiring the applicant to install a forested and/or landscaped buffer as defined in §§
99-5 and
99-6D of the Subdivision Ordinance.
F. A preliminary site plan for an RPC or a Planned Commercial District shall be valid for the period of time set forth in §
99-9B of Chapter
99, Subdivision of Land. A final site plan for an RPC or a Planned Commercial District shall be valid for the period of time set forth in §
99-40A of Chapter
99, Subdivision of Land. An extension of these time periods may be sought in accordance with § 99-40F.
[Amended 3-20-2018 by Ord. No. 2558]
A. The procedure for amendment of the boundaries
of an approved RPC District or change of the extent of land use for
an approved conditional use shall be the same for a new application,
except that minor amendments of an approved site plan or of conditions
attached to an approved site plan may be approved by the Commission
at a regular meeting after written reports by the Director and without
a public hearing, provided that such change or amendment:
(1)
Does not alter a recorded RPC plat.
(2)
Does not conflict with the specific
requirements of this chapter.
(3)
Does not change the general character
or content of an approved development plan or use.
(4)
Has no substantially different effect
on adjoining or surrounding property.
(5)
Does not result in any substantial
change of major external access points.
(6)
Does not increase the approved number
of dwelling units or height of buildings.
(7)
Does not decrease the minimum specified
yards and open spaces or minimum or maximum specified parking and
loading spaces.
B. Any amendment to a condition imposed as
part of a conditional use ordinance or residential planned community
ordinance shall be treated the same as a new application.
All applications for zoning permits
shall be accompanied by a drawing or plat in duplicate or as required
by the Director, showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a competent surveyor and complete construction
plans. The drawings shall contain suitable notations indicating the
proposed use of all land and buildings. A careful record of the original
copy of such applications and plats shall be kept in the office of
the Director, and a duplicate copy shall be kept at the building at
all times during construction.
In interpreting and applying the
provisions of this chapter, they shall be held to be the minimum requirements
for the promotion of the public safety, health, convenience, comfort,
prosperity or general welfare. It is not intended by this chapter
to interfere with or abrogate or annul any easement, covenants or
other agreement between parties; provided, however, that where this
chapter imposes a greater restriction upon land development or construction
or the use of buildings or premises or upon the height of buildings
or requires larger open spaces than are imposed or required by other
resolutions, ordinances, rules or regulations or by easements, covenants
or agreements, the provisions of this chapter shall govern. If, because
of error or omission in the Zoning District Map, any property in the
jurisdiction of this chapter is not shown as being in a zoning district,
the classification of such property shall be classified AR, until
changed by amendment.
Any person or corporation who shall
violate any of the provisions of this chapter or who shall fail to
comply therewith or with any of the requirements thereof or who shall
build or alter any building in violation of any detailed statement
or plan submitted and approved hereunder shall be guilty of a misdemeanor
and shall be liable to a fine of not more than $100, and each day
such violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises or part thereof
where anything in violation of this chapter shall be placed or shall
exist and any architect, builder, contractor, agent, person or corporation
employed in connection therewith and who has assisted in the commission
of any such violation shall be guilty of a separate offense and, upon
conviction thereof, shall be fined as hereinbefore provided.