Article IV — SITE PLAN REVIEW

The procedures and standards of this article shall apply to all the following listing of proposed new or expanded multiple-family, commercial, industrial and public/quasi-public land uses, unless exempted pursuant to Section 17.45.410 of this chapter or identified as either a permitted land use or a land use subject to only an administrative permit within the applicable zoning district in effect.

A.

All new construction of multiple-family, commercial, industrial or public/quasi-public buildings or structures requiring a building permit;

B.

Projects involving the expansion of an existing legal land use by a minimum of seventy (70) percent of the building or structure;

C.

A change in the character of the occupancy or use of a building, as defined in the Uniform Building Code in effect for the town, and which creates a greater impact on traffic, sewage disposal or drainage in the general area, or imposes a greater potential fire danger than the occupancy or use immediately preceding the subject use;

D.

Any multiple-family, commercial, industrial or public/quasi-public use proposed on a vacant lot which does not require a building permit, and does not require a use permit or an administrative permit by the provisions of this title (e.g., a parking lot);

E.

Structures and devices, including water tanks and radio towers, exceeding thirty-five (35) feet or higher above grade;

F.

The establishment of all billboards;

G.

Modifications to site plan reviews previously approved by the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

This article shall not apply to the following uses:

A.

Expansions of land uses enumerated as either being permitted or subject only to an administrative permit within the applicable zoning district in effect on the site;

B.

Interior building remodels not resulting in changes in the character of the occupancy or use nor creating a greater impact on traffic, sewage disposal or drainage in the general area, nor imposing a greater potential fire danger than the occupancy or use immediately preceding the subject use, as determined by the planning director;

C.

Minor alterations on building exteriors, as determined by the planning director;

D.

Repair and maintenance of structures or parking areas, but not including nonconforming buildings, and structures or facilities destroyed in excess of fifty (50) percent of their value as shown on the latest tax assessment roll;

E.

Expansions of less than seventy (70) percent of buildings or structures and which do not result in a change in the character of the occupancy or use as defined by the latest adopted Uniform Building Code, or which do not create a greater impact on traffic, sewage disposal, or drainage in the general area, nor impose greater potential fire danger than the use immediately preceding the subject use, as determined by the planning director.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

All applications for site plan review shall be considered and acted upon by either the planning director, the planning commission or, upon appeal, by the town council in accordance to the following regulations:

A.

The planning director shall review and decide upon all applications for site plan review that are subject to the requirements of Section 17.45.400 of this chapter.

B.

At the discretion of the planning director, any site plan review application may be directed to the planning commission for consideration and decision-making action.

C.

For all site plan reviews, the planning director shall follow the notification procedures for variances as set forth in this chapter. (See Section 17.45.300(C)).

D.

The planning commission shall review all site plan review applications which:

Are directed to them by the planning director;

Are appealed to them after approval or denial by the planning director.

E.

The notification requirements and procedures of a variance application as set forth in this chapter shall be followed for any site plan review application formally considered and acted upon by the planning commission.

F.

Any site plan which is reviewed by the planning director or the planning commission may be approved, conditionally approved or denied.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Any person adversely affected by the decision of the approving body may appeal the decision within seven (7) days of the decision.

B.

All appeals of a decision must be made within seven (7) days of the decision. The appeal shall be forwarded to the next higher reviewing body. Appeals to the town council must be made after review of the project by the planning commission. The town council shall have the authority to approve, conditionally approve, or deny a site plan based on findings of fact, except for denials based on sewage disposal requirements, which shall follow the requirements of appropriate ordinances.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning director, the planning commission, or the town council may impose any of the following standards or conditions on a project subject to site plan review as set forth in this article:

A.

Landscaping, including signing and lighting review;

B.

Parking requirements, including type of surface material;

C.

On-site and off-site drainage improvements or fees;

D.

Fencing requirements;

E.

Hours of operation;

F.

Location and position of uses on property;

G.

Noise level limitations;

H.

Access location and encroachment standards;

I.

Building design (exterior);

J.

Grading requirements;

K.

Health department requirements;

L.

On-site or off-site road improvements or fees;

M.

Other department or agency requirements;

N.

Other requirements as deemed necessary and proper to protect the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The approving body for any site plan review may approve the project only if it finds that the use, as conditioned, is consistent with the provisions of this title, the policies of the general plan, is compatible with the surrounding uses, and does not impair the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The site plan review permit shall be deemed legally in effect and force when the site plan review permit approval's appeal period has lapsed and the site plan review permit is signed by the planning director. This date shall be so noted in the official site plan review application file and shall also be noted upon the issued site plan review permit.

(Ord. 375 § 7, 2002)

A.

If any land use for which a site plan review approval and permit has been granted is not established within three (3) years of the site plan review permit's effective date, the site plan review permit shall become subject to revocation proceeding as set forth in Section 17.45.490 of this chapter.

B.

A site plan review permit shall be deemed revoked if the established land use for which the permit was granted has ceased or been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired site plan review permit up to one additional year.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992; Ord. 436, § 9, 6-14-2005)

The planning commission and/or the planning director is vested with the authority to officially revoke a town approved and issued site plan review permit. Whenever evidence exists and a determination is rendered, upon completion of a public hearing conducted by the planning commission and/or the planning director pertaining thereto, verifying that a specific land use is not being performed in a manner that complies with the provisions of this title or its town adopted and assigned conditions of approval, the planning commission and/or the planning director may officially revoke the affected site plan review permit.

(Ord. No. 496, § 7, 3-9-2010; Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)