§ 23.2-30. Site plan review.

a)

Intent. The intent of the site plan review provisions is to establish standards for development and provide review procedures which ensure compliance with these qualitative standards and with other regulations of these LDRs. Site plans shall be prepared in accordance with the qualitative site design requirements in section 23.2-31. Site plan review and approval shall be required for the following:

1.

Construction of all new structures, except principal and accessory structures associated with use a lot or parcel for single-family detached dwelling units.

2.

Modification of existing structures, except principal and accessory structures associated with use of a lot or parcel for single-family detached dwelling units.

3.

Occupancy of an existing structure, where a change of occupancy requires additional parking, a site plan shall be required. Where a change of use does not require additional parking, an application so stating and signed by the development review official must be attached to the certificate of occupancy application file prior to the issuance of a certificate of occupancy.

In the case of a site plan that is part of a master development plan for a planned development district, the procedures in section 23.3-25 shall apply.

b)

Determination if site plan review required. Prior to issuance of a building permit or a certificate of occupancy, the development review official shall determine if site plan review pursuant to the provisions of this section is required. If site plan review is required, the development review official shall notify the applicant of this determination.

c)

Determination of type of site plan review procedure application. Applications shall be submitted to the department for community sustainability. The development review official shall review development applications to determine if they require site plan review or approval as minor or major developments. If the application constitutes a major development, notice of the review by the appropriate board shall be given by publication, posting and courtesy mailing in accordance with the notice provision of this article. The development review official's determination shall be based on the following criteria:

1.

Minor development may include the following:

a.

Addition of awnings, canopies or ornamental structures; redesign and different location of pools, parking spaces and drives and driveways; modifications in stairs or elevations of decks, porches, terraces and fencing; or similar types of improvements;

b.

Addition of up to twenty (20) parking spaces;

c.

Attached or detached additions to buildings which do not increase the floor area by more than five thousand (5,000) square feet; and

d.

New structures having less than seven thousand five hundred (7,500) square feet of floor area.

2.

Major development shall include all development which is not determined to be minor development or that has the potential to negatively impact the surrounding neighborhood by the development review official.

d)

Site plan review procedures for minor developments. The development review official shall consider and act on site plan review applications for minor developments following review by the city's site plan review team. The development review official may either approve; approve with any reasonable conditions, limitations or requirements; deny; or postpone consideration of any application pending submittal of additional information which may be required to make a determination. The development review official shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the development review official shall be included in the decision. The decision shall also include a citation to the legal authority on which a denial is based.

e)

Site plan review procedures for major developments. If the development review official determines that the application requires a major review, the application shall be forwarded to the site plan review team for review and, determination as to whether the application complies with applicable regulations. Once the development review officer has made a determination of compliance, the application will be scheduled for action by the planning and zoning board or the historic resources preservation board, as applicable. The board shall consider and act on site plan review applications for major developments. For all applications, the board may:

1.

Approve the application as submitted;

2.

Approve the application with any reasonable conditions, limitations, or requirements;

3.

Deny the application for specific reason(s); or

4.

Postpone consideration of any application pending submittal of additional information which may be required to make a determination.

The board shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the development review official shall be included in the decision. The decision shall also include a citation to the legal authority on which a denial is based. The decision of the board shall be final unless appealed to the city commission, as provided in section 23.2-17.

f)

Expiration of site plan approval unless building permit(s) issued within one (1) year. Any site plan approval shall be void one (1) year after the date of the approval unless a building permit has been issued for the construction of all facilities provided in the site plan and construction is diligently pursued. If a building permit is issued within one (1) year of approval of the site plan, the building official shall make periodic inspections in order to determine whether or not construction is being diligently pursued. If the building official determines that construction is not being diligently pursued, then he shall notify in writing the owner of property and any other person who has requested such notice. The site plan approval shall be void one hundred eighty (180) days after the date of such notice unless construction has been diligently resumed within that one-hundred-eighty-day period. Minor construction related work which does not substantially advance the project to completion will not be deemed sufficient to keep from voiding of site plan approval.

g)

Extension of time. An extension of time may be requested by the applicant prior to the expiration of the original approval. The development review official may grant one (1) time extension for a period not to exceed six (6) months and only within the original period of validity.

h)

Compliance with LDRs required. In all cases requiring site plan review, no structure, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued, unless a site plan has been reviewed and approved, and in no instance shall the decisionmaking body modify the written standards of these LDRs in approving a site plan; except as provided for in this section.

i)

Violations. Failure to complete and continually maintain all approved elements of an approved site plan including landscape, appearance and other site development features, shall be a violation of these LDRs subject to enforcement and penalty procedure of the City Code of Ordinances.

(Ord. No. 2014-22, § 10(Exh. I), 9-9-14; Ord. No. 2014-31, § 2(Exh. B), 11-4-14; Ord. No. 2016-13, § 4(Exh. C), 5-17-16)