(a)

A site plan is a detailed development plan for a property, which generally provides the opportunity to evaluate the intended use, and such design elements as circulation, parking and access; open space and landscaping; building location and configuration; grading and drainage; setbacks and screening; public improvements; and other elements, which determines if the proposal has been planned consistently with the intent of this Chapter. A site plan shall be required for:

(1)

All permitted and conditional uses located in all zoning districts with the exception of individual, detached single-family and two-family dwelling units.

(2)

Any change in use.

(3)

Any site that has been vacant, or for a use that has not been operational, for six (6) months or longer.

(b)

The Zoning Administrator shall have the authority to waive the requirement for a site plan upon a determination that such site plan is not necessary.

(c)

The Zoning Administrator shall have the authority to specify which criteria of this Chapter shall apply to each site plan application.

(d)

An applicant for site plan approval shall submit copies of the required application materials in accordance with the Applicant Guide.

(e)

The Zoning Administrator may elect to send the materials out for referral in accordance with the Applicant Guide. The comment period shall not exceed twenty-one (21) days.

(f)

Upon completion of the application review, the Zoning Administrator shall approve, approve with conditions or deny the application and inform the applicant in writing as to the decision and criteria for the decision. All review criteria and conditions shall be based on requirements of this Chapter, other published Town ordinances, technical criteria and Town policies. The Zoning Administrator shall consider the following criteria to the extent applicable:

(1)

Zone district standards for setbacks, building heights, lot area and lot coverage.

(2)

Parking, lighting and landscaping standards unless otherwise waived by the Zoning Administrator in accordance with the applicable zone district standards.

(3)

Bennett Design Standards for the applicable zone district.

(4)

Infrastructure standards, including but not limited to Roadway Design and Construction and Water and Wastewater Standards, as required by the Town Engineer.

(5)

Bennett-Watkins Fire Rescue standards for the proposed use and structures.

(6)

Applicable requirements of utility and other service providers.

(g)

Within fifteen (15) days after the Zoning Administrator's denial of a site plan application or approval with conditions, the applicant may appeal the decision to the Board of Trustees by filing a written notice of appeal with the Town Clerk. The notice shall state the basis for the appeal. Upon receipt of such notice of appeal, the site plan application shall be scheduled for de novo review before the Board of Trustees at a public hearing. Notice of the public hearing shall be in accordance with Section 16-2-130 of this Chapter. Upon completion of the public hearing, the Board of Trustees may approve, deny or approve with conditions the site plan application, and the Board of Trustees' decision shall be final.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §5, 12-12-2017; Ord. 742-22, §13, 6-14-2022)

A permitted use is a use allowed by right in a zone district, subject only to site plan approval. A permitted use is not required to demonstrate need for its location, and therefore does not require approval to locate in a zone district in which it is permitted. Permitted uses are specified in the Land Use Table in Section 16-2-470.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

(a)

This Section is intended to provide additional criteria to be used in determining whether a proposed conditional use is compatible and beneficial to the surrounding properties and inhabitants and that the proposed conditional use is not detrimental to the surrounding properties and inhabitants. Conditional uses are specified in the Land Use Table in Section 16-2-470.

(b)

In order for a conditional use to be approved, there must also be a specific finding by the Board of Trustees that the proposed use is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. The following criteria shall be considered in determining whether or not to grant a conditional use:

(1)

Will the proposed use be in harmony and compatible with the existing or planned uses of the surrounding neighborhood;

(2)

Will the proposed use be consistent with the Bennett Comprehensive Plan;

(3)

Will the proposed use result in density or intensity of use that will be inappropriate for the site or incompatible with existing or planned uses in the surrounding area;

(4)

Will the proposed use cause significant adverse or undesirable impacts to the surrounding area, including, but not limited to, visual impacts, air emissions, noise, light, vibrations, glare, heat, odors, water pollution, electromagnetic interference and other nuisance effects;

(5)

Will the proposed use incorporate and integrate architectural and landscape features to appropriately mitigate impacts from the proposed use;

(6)

Will the proposed use result in undue traffic congestion, traffic hazards or other hazards to persons or property;

(7)

Will the proposed use be adequately served with public utilities, services and facilities (i.e., water, sewer, street system, storm drainage, parks system, etc.) while maintaining adequate levels of service for existing development; and

(8)

Will the proposed use be detrimental to the health, safety or welfare of current or future inhabitants of the Town?

(c)

In considering an application for a conditional use, the Planning Commission and the Board of Trustees may impose conditions on the application to mitigate impacts as necessary.

(d)

The application shall include the development application form, a site plan prepared in accordance with Section 16-2-310, and appropriate fees as required in the Applicant Guide. The application for a proposed conditional use shall include at least the following additional information:

(1)

A detailed description of the proposed conditional use, including but not limited to hours of operation; vehicle and pedestrian traffic patterns and demands; employment levels; occupancy levels; management plans with respect to the demands of the use upon public services and facilities; narrative describing the reasons for the proposed change and describing other operational aspects of the use; and such other information as may be requested by the Zoning Administrator, Planning Commission or Board of Trustees.

(2)

A statement describing the benefits of the proposed use; how that use will be compatible with existing and planned surrounding uses; and how the proposed use will satisfy each of the criteria set forth in paragraph (a) above, as applicable.

(3)

Additional information as may be reasonably required by the Zoning Administrator or additional relevant information as deemed necessary by the Planning Commission or Board of Trustees to properly evaluate the request.

(e)

An approved conditional use shall not be conducted until all necessary permits have been issued by the Town. If required by the Town, an approved conditional use shall not be conducted until the applicant has entered into an agreement with the Town specifying that all conditions imposed by the Town will be satisfied, that any public improvements required in connection with the use will be constructed (with financial guarantees therefor posted by the applicant), that any demands for other public facilities or services will be satisfied in the manner required by the Town, that the use and improvements will be in accordance with the approved application and development schedule and, if the conditional use is approved for a limited duration, that the use will be discontinued upon the expiration of the time period identified in the approved plan.

(f)

As a condition of approval of a conditional use application, the Board of Trustees may provide that such approval is exclusive to the applicant to whom such approval is granted. Further, if the conditional use is proposed for a limited duration, the Board of Trustees may provide that such approval is limited to the time period approved by the Town and that the use must be discontinued upon expiration of such time period.

(g)

If an approved conditional use is not in substantial operation within two (2) years after the date of the Board of Trustees' approval, the Board of Trustees may initiate proceedings to review the conditional use. Such review shall occur in the same manner as a review for the initial approval of the conditional use and, upon such review, the conditional use may be revoked or the development schedule may be extended.

(h)

No approved conditional use may be modified or expanded, enlarged, expanded in parking area or expanded in ground area unless the approved conditional use is amended and approved in accordance with the procedures applicable to initial approval of a conditional use as set out in this Section.

(i)

In the event of noncompliance by the applicant with an approved conditional use or the conditions imposed by the Board of Trustees, the Board of Trustees may call the conditional use up for further review. Upon such review and after notice given to the applicant, the Board of Trustees may revoke the previously approved conditional use or amend the previous approval. The Board of Trustees may refer a called-up conditional use to the Planning Commission for its review and recommendation, which review shall be after notice is given to the applicant.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

(a)

Temporary uses of land are permitted in any zoning district (unless restricted to particular zoning districts herein), subject to the specific regulations and time periods listed in Table 2-1, and to the other applicable regulations of the zoning district in which the use is permitted and other temporary use standards as established by the Town.

Table 2.1
Temporary Uses

(b)

Applications for temporary uses shall be submitted in accordance with the Applicant Guide.

(c)

The Zoning Administrator may approve, approve with conditions or disapprove an application for a temporary use. The Zoning Administrator may also impose conditions on the temporary use that will mitigate anticipated adverse impacts. Such temporary use shall be valid only for the period of time specified, and only two (2) renewals of a temporary use may be granted by the Zoning Administrator. Failure to terminate such temporary use by the specified time shall be considered a violation of this Article.

(d)

A temporary use permit shall not be granted for a use except upon a finding that the use will, during the time of its existence:

(1)

Be compatible with the surrounding uses and community facilities;

(2)

Not be detrimental to or constitute a danger to the health, safety and welfare of the citizens of the Town;

(3)

Conform in all other aspects to the applicable zoning regulations and standards, except as specifically modified for the temporary use during the time it is permitted; and

(4)

Leave the site, following the temporary use, in a state that is capable of being, and assurance has been provided that it will be, restored to a satisfactory condition.

(e)

If the temporary use is approved, the Zoning Administrator shall issue a temporary use permit that shall specify time limits and other conditions as placed on the temporary use.

(f)

Within fifteen (15) days after the Zoning Administrator's denial of a temporary use application or approval with conditions, the applicant may appeal the decision to the Board of Trustees by filing a written notice of appeal with the Town Clerk. The notice shall state the basis for the appeal. Upon receipt of such notice of appeal, the temporary use application shall be scheduled for de novo review before the Board of Trustees at a public hearing. Notice of the public hearing shall be in accordance with Section 16-2-130 of this Chapter. Upon completion of the public hearing, the Board of Trustees may approve, deny or approve with conditions the temporary use application, and the Board of Trustees' decision shall be final.

(g)

Upon the approval of an application for a temporary use, a majority of the Board of Trustees may "call up" the application for review of the Zoning Administrator's decision at the next regularly scheduled Board of Trustees meeting or soon thereafter. The Zoning Administrator may also choose to "push up" the temporary use application to the Board of Trustees to either approve or deny the application.

(h)

The applicant shall obtain all required permits prior to moving the temporary facilities onto the site.

(i)

The Board of Trustees may, upon seven (7) days' written notice to an applicant, stating the contemplated action and in general the grounds therefor, and after a reasonable opportunity for the applicant to be heard, revoke a temporary use permit on any of the following grounds:

(1)

The applicant has violated a zoning regulation or standard of the Town;

(2)

The applicant has violated a term, limitation or condition of the temporary use permit;

(3)

The applicant has maintained or allowed a nuisance in connection with the operation of the permitted use; or

(4)

The applicant has been convicted of violating any federal or state law or Town ordinance or regulation in connection with the operation of the permitted use.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §14, 6-14-2022)

(a)

As provided for in Section 16-2-475, an applicant has the opportunity to establish a PD zoning district for the purpose of creating a planned development.

(b)

The initial zoning for a PD District is established by an Outline Development Plan (ODP). Site planning for development within a PD District is established by one (1) or more Final Development Plans (FDP).

(1)

An ODP, which reflects the overall concept of the Planned Development, shall include ODP maps and drawings, a written textual statement and such other forms as required by the Applicant Guide.

(2)

An FDP, which may reflect the entire development as delineated on the ODP or any logical portion thereof, shall be submitted following the approval of the ODP. The FDP shall include FDP maps and drawings, a written textual statement and such other forms as required by the Applicant Guide.

(c)

The Planning Commission and the Board of Trustees may approve a PD application if it meets the intent of this Article and complies with this Chapter and other controlling regulations and documents. The Planning Commission and Board of Trustees shall consider the following in making their decision for approval, approval with conditions or denial of a PD:

(1)

The proposed PD District is compatible with present development in the surrounding area and will not have a significant, adverse effect on the surrounding area;

(2)

The proposed PD District is consistent with the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources;

(3)

The proposed PD District is consistent with the overall direction and intent of this Article and the intent and policies of the Comprehensive Plan and other pertinent policy documents of the Town;

(4)

The proposed PD District provides for a creative and innovative design which could not otherwise be achieved through other standard zoning districts.

(5)

The exceptions from the zoning regulations requested in the proposed PD are warranted by virtue of innovative design and amenities incorporated in the PD District.

(6)

The PD provides adequate circulation in terms of the internal street circulation system, designed for the type of traffic generated, for separation from living areas, convenience, safety, access and noise and exhaust control. Proper circulation in parking areas has been provided in terms of safety, convenience, separation and screening. The PD provides for buffering from collector and arterial streets through earthen berms, landscaping and other methods.

(7)

The PD provides functional open space in terms of practical usability and accessibility, and optimum preservation of natural features, including trees and drainage areas, recreation, views, natural stream courses, bodies of water and wetlands.

(8)

To the extent practicable, the PD provides variety in terms of housing types, housing size, densities, facilities and open space.

(9)

The PD provides for pedestrian and bicycle traffic in terms of safety, separation, convenience, access, destination and attractiveness. If possible, there shall be an internal pedestrian circulation system separate from the vehicular system that allows access to adjacent parcels, parks, open space or recreational facilities within the PD, as well as links to trail systems of the Town.

(10)

Building types in terms of appropriateness to density, site relationship and bulk.

(11)

Building design in terms of orientation, spacing, materials, color, texture, storage, signs and lighting.

(12)

Landscaping of the site in terms of purpose, such as screening, types and materials used, maintenance suitability, water demands and effect on the area.

(13)

Services, including utilities, fire, police protection and other such services are available or can be made available to adequately serve the development.

(14)

No structures in the PD shall encroach on a floodplain except as permitted by the Town's floodplain ordinance.

(15)

No occupied structure shall be located on ground showing severe subsidence potential without adequate design and study approved by the Town.

(16)

Visual relief and variety of views shall be incorporated within the PD through building placement, shortened or interrupted street vistas, visual access to open space and other design methods.

(d)

Upon approval of a PD application by the Board of Trustees, the applicant shall within one hundred and eighty (180) days revise the PD application to meet any conditions of approval and submit final documents to the Zoning Administrator. Upon a written request from the applicant filed at least thirty (30) days prior to expiration of the one-hundred-eighty-day deadline to submit final documents, the Board of Trustees may grant a single extension not to exceed an additional ninety (90) days. If final documents are not recorded within the time required, the PD zoning shall survive but no development can occur until an ODP and FDP are approved.

(e)

Approval of an ODP shall be valid for three (3) years.

(1)

A one-year extension of approval time may be applied for in writing to the Board of Trustees. No more than three (3) such one-year extensions shall be approved.

(2)

The approval of an ODP shall not result in the creation of any vested property rights. Such approval shall allow the applicant to proceed to the next development plan stage, subject to the time limits set forth in this Section and the other requirements of this Chapter.

(3)

An approved ODP that does not proceed to the next development plan stage within three (3) years, or after one (1) or more approved extensions, shall be deemed expired. A property with an expired ODP shall be required to apply for a new ODP and FDP or rezone the property prior to any site development.

(f)

An amendment to the ODP shall follow the same procedures set forth in this Chapter pertaining to the approval of an ODP. The Zoning Administrator may authorize minor changes in the ODP that do not:

(1)

Alter the basic relationship of the proposed development to adjacent property;

(2)

Change the uses permitted;

(3)

Increase the height of building or structures; or

(4)

Decrease the amount of required off-street parking.

(g)

An amendment to an FDP is a change in site planning, and shall follow the same procedures set out in this Chapter pertaining to the approval of an FDP. The Zoning Administrator may approve an amendment to a FDP, provided that the amendments are only:

(1)

Architectural. Minor changes in the color; exterior appearance; lot coverage; screening of outdoor storage areas; signage; or location of buildings, structures or divisional walls if required for engineering reasons or other circumstances not foreseen at the time the FDP was approved. No change authorized by this Paragraph may increase or decrease the dimensions of any building or structure by more than twenty-five percent (25%) or permit an accessory structure whose size is greater than ten percent (10%) of the area of the principal building or structure.

(2)

Landscaping and site features. Changes in plant materials, minor alterations in the location of plantings, changes in plant quantities or sizes, changes to the location of internal sidewalks or changes in location of parking spaces if required for engineering reasons or other circumstances not foreseen at the time the FDP was approved. No change authorized by this Paragraph may increase landscaping by twenty-five percent (25%), or decrease landscaping or sidewalks by more than ten percent (10%).

(h)

Any administrative amendments authorized by the Zoning Administrator for an ODP or FDP shall be transmitted to the Planning Commission and Board of Trustees for their information by written communication from the Zoning Administrator.

(i)

Any changes which are approved for an ODP or FDP shall constitute an amendment thereto and must be on file with the Town and noted as amendments to the ODP or FDP.

(j)

After the planned development has been approved, the use of land and the construction, modification or alteration of any buildings or structures within the planned development will be governed by the approved ODP and FDP in addition to any other provisions of this Code unless such provisions were waived or modified during the ODP or FDP approval process. The approved ODP shall constitute the zoning document for the planned development, and the approved FDP shall govern land development within such PD zone. However, property that is zoned within a PD may be rezoned in accordance with the procedures in Sec. 16-2-360 of this Code.

(k)

Where a PD was established as PD Overlay prior to the adoption of this Chapter, the property retains its original zoning classification subject to the provisions of the approved ODP or FDP.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §7, 6-28-2016; Ord. 679-17, §6, 12-12-2017; Ord. 742-22, §15, 6-14-2022)

The Board of Trustees has determined that the Zoning Map should not be amended (rezoning of property approved) unless the rezoning is consistent with the goals and policies of the Comprehensive Plan and promotes the general welfare of the community. If a proposed rezoning is inconsistent with the Comprehensive Plan, the request may only be approved if the applicant demonstrates that the requested rezone is justified because of changed or changing conditions in the particular area, in the Town in general or that the rezoning is necessary to correct a manifest error in the existing zone classification. None of the foregoing shall apply to legislative zoning as defined in Section 16-2-210 of this Code, a rezoning sponsored by the Town or a rezoning incident to a Comprehensive Plan amendment.

(1)

Rezoning of individual property may be initiated by the Town, by citizen petition or by application filed by the landowner.

(2)

Requests for rezoning initiated by the Board of Trustees, Planning Commission or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff and shall be reviewed and considered by the Planning Commission and presented to the Board of Trustees at a public hearing. In this instance, the Town shall be considered to be the applicant.

(3)

To initiate a rezoning of private property, the petitioner must be the owner of the affected property or a citizen of the Town who has submitted the application with a petition signed by owners of a majority of the land affected by the request. In this instance, the person submitting the application shall be considered to be the applicant. Applications for rezoning shall be submitted in accordance with the Applicant Guide.

(4)

An application for rezoning shall not be accepted where a prior application for rezoning to the same requested zone district has been denied by the Board of Trustees within the preceding twelve (12) months.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §3, 6-28-2016)

(a)

Variances from the provisions of this Chapter on individual lots may be granted when the Board of Adjustment finds that all of the following conditions exist:

(1)

The existence of extraordinary conditions or circumstances, such as size, shape, location, topography or surroundings of the land, structure or building involved, which deprive the applicant of privileges enjoyed by other properties in the same zone district and in the vicinity;

(2)

The extraordinary conditions or circumstances did not result from the present or prior actions or inactions of the applicant;

(3)

Granting of the variance will be in harmony with the general purpose, intent and character of the zone district, will not substantially or permanently injure the appropriate use of adjacent property, and is not otherwise detrimental to the public health, safety and welfare;

(4)

The variance requested is the minimum action needed that will permit the reasonable use of the land, building, or structure with the least modification possible to the requirements of this Chapter;

(5)

The variance will not permit a use that is prohibited in the zone district; and

(6)

No other relief is available through the application of alternative development standards or an alternative development configuration that is allowed by this Chapter.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §16, 6-14-2022)

(a)

The federal Fair Housing Act, 42 U.S.C. §3601, et seq., as amended, requires that local governments be prepared to make "reasonable accommodations" in order to permit housing for certain protected individuals to occur in residential areas. In response to a written application identifying the type of housing being provided and the portions of the Fair Housing Act that require reasonable accommodations be made for such housing, the Zoning Administrator is authorized to approve modifications to the Town's land use, zoning and animal laws, rules, policies, practices and procedures as set forth in this Chapter and Article VII of Chapter 7 of this Code.

(b)

The Zoning Administrator may approve a type of reasonable accommodation different from that requested by the applicant if the Zoning Administrator concludes that a different form of accommodation would satisfy the requirements of the federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the Zoning Administrator shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. The decision of the Zoning Administrator shall be final for purposes of judicial review.

(Ord. 646-14 §1(Exh. A), 12-9-2014)

Editor's note— Ord. 754-22, §3, adopted Aug. 9, 2022, repealed §16-2-390, which pertained to eligible telecommunications facility requests, and derived from Ord. No. 661-16, §3, adopted Feb. 23, 2016.