The general provisions of this article apply to all development applications and procedures under this article unless otherwise stated.

(Ord. No. 2011-12-08, 12-19-2011)

Applications for review and approval under this article may be initiated by: (1) petition of all the owners of the property that is the subject of the application; (2) the owners' authorized agents; or (3) review and decision-making bodies.

(Ord. No. 2011-12-08, 12-19-2011)

Applications required under this article shall be submitted in a format and in such numbers as required by the official responsible for accepting the application. Application submittal requirements and format information shall be available to the public in the planning department.

(Ord. No. 2011-12-08, 12-19-2011)

Applications shall be accompanied by the fee amount that has been established by the town council for the respective type of application. Fees shall not be required for applications initiated by authorized review or decision-making bodies.

(Ord. No. 2011-12-08, 12-19-2011)

(a)

Applications required under this article shall be considered complete only if they are submitted in the required format, include all mandatory information and are accompanied by the established fee.

(b)

Applications for consideration by the board of zoninq appeals shall be submitted no later than 12:00 p.m. on the Thursday six weeks prior to the regularly scheduled board of zoning appeals meeting, unless otherwise provided in this article or as directed by the chairman of the board of zoning appeals. Application filing deadlines and board of zoning appeals meeting dates are available at the planning department. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available board of zoning appeals meeting. The requirements for applications deemed incomplete by the planning director are listed in subsection (d) of this section.

(c)

Applications for consideration by the planning commission shall be submitted no later than 12:00 p.m. on the Thursday six weeks prior to the regularly scheduled planning commission meeting, unless otherwise provided in this article or as directed by the chairman of the planning commission. Application filing deadlines and planning commission meeting dates are available at the planning department. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available planning commission meeting. The requirements for applications deemed incomplete by the planning director are listed in subsection (d) of this section.

(d)

Any application that is determined to be incomplete shall, within 15 days of its submittal, be returned to the applicant along with an explanation of the application's deficiencies. Fees shall not be refunded. No further processing of the application shall occur until the deficiencies are corrected. Once the deficiencies are corrected, the application may be resubmitted without the payment of additional fees, provided that it is resubmitted within six months of the date that the application was returned to the applicant. Applications resubmitted more than six months after the date that the application was returned as incomplete shall require repayment of applicable fees.

(Ord. No. 2011-12-08, 12-19-2011)

Whenever the procedures of this article expressly state that applications are to be submitted after a "pre-application conference," applicants shall be responsible for scheduling and attending such meetings. When pre-application conferences are required, an application shall not be accepted until the pre-application conference has been conducted, and any errors or omissions noted in review of the application for completeness have been addressed by the applicant.

(Ord. No. 2011-12-08, 12-19-2011)

The purpose of this article is to promote quality site design pertaining to new, and the expansion of existing, development and to ensure such development meets the standards of this chapter.

(Code 1998, § 5-5-137)

No building permit or zoning permit shall be issued unless first meeting the requirements of this section. The site plan review process is intended for multiple dwelling residential, commercial, industrial, office, municipal, institutional, utility, and recreational developments.

(Code 1998, § 5-5-138)

Site plan review shall not be required for:

(1)

The construction or alteration of any building used exclusively for agriculture;

(2)

Home occupations as prescribed in section 58-134; and

(3)

Construction of existing residential structures which do not change the external footprint of a home or that of an accessory structure.

(Code 1998, § 5-5-139; Ord. No. 2011-12-04, 11-28-2011)

(a)

An applicant for site plan review shall submit a minimum of 12 copies of the site plan to the planning director by 12:00 p.m. (noon), Thursday, six weeks before the next planning commission meeting. For large projects, the planning commission may retain a registered professional engineer, architect, landscape architect, planner or other professional consultant to advise the commission regarding the proposed site plan. The cost of this service shall be borne by the applicant.

(b)

The planning commission shall make a decision on the site plan within 30 days of presentation determining the application to be complete and to allow the issuance of a building permit. The planning commission shall do one of the following:

(1)

Approve the site plan based on the determination that the proposed plan is in accordance with the goals of the land use plan and is compliance with the standards of this chapter.

(2)

Disapprove the site plan based on the determination that the proposed project does not meet the standards of the chapter.

(3)

Approve the site plan subject to any conditions modifications, and restrictions as required by the commission which would ensure that the site plan meets the standards of this chapter.

(Code 1998, § 5-5-140; Ord. No. 2011-12-07, 12-19-2011)

The applicant shall submit a minimum of 12 copies, additional copies may be necessary, of a site plan prepared by a professional engineer, architect, or landscape architect drawn to scale, by 12:00 p.m. (noon), Thursday, six weeks before the next planning commission meeting. The site plan shall include the following information:

(1)

Name of the project, boundaries, date, north arrow and scale and total acreage or square footage of development.

(2)

Name, address, and telephone number of the owner, developer, and seal of the engineer, architect, or landscape architect.

(3)

Names and addresses of all owners of record of abutting parcels, and zoning of the subject property and adjacent parcels.

(4)

All existing lot lines, easements and rights-of-way.

(5)

Adjacent land uses, and the location and use of structures on adjacent properties.

(6)

The location and use of all existing and proposed buildings and structures within the development. All dimensions of height and floor area with exterior entrances (anticipated additions or alterations should also be included).

(7)

The location of all proposed roadways, parking areas, sidewalks, ramps, curbs, fences, paths, landscaping and walls.

(8)

Location and type of any proposed screening.

(9)

The location, height, and intensity of all lighting with the direction of illumination and methods to eliminate glare on adjoining properties.

(10)

The location, size, height, materials and design of all proposed signage.

(11)

The location of all proposed utility systems including: sewage or septic tank system, water supply system; telephone, cable and electrical lines; and storm drainage system including existing and proposed culverts, catchbasins, headwalls and drainage swales.

(12)

Landscaping plan meeting the requirements of article III of chapter 26, Environmental.

(Code 1998, § 5-5-141; Ord. No. 2011-12-07, 12-19-2011)

Applications requiring a variance from the requirements of this chapter must first follow the procedures set forth in section 58-30 prior to review by the board of zoning appeals.

(Code 1998, § 5-5-142)

It shall be the responsibility of the property owner and/or developer (the applicant) to provide adequate parking facilities for all proposed uses. All projects requiring the submittal of a site plan are required to submit a parking plan. The applicant shall determine the amount of parking spaces to be provided based on the current standard for similar type developments. Except for single-family dwellings, approval of a parking plan is required.

(Code 1998, § 5-5-143)

Given the particularities of any given development or use, it is sometimes difficult to determine the exact number of parking spaces needed. The planning commission may require more parking than proposed whenever it finds that such requirement is more likely to provided adequate parking spaces. In determining if there is a need for additional parking, the planning commission may use the county zoning chapter or similar standards as a guide.

(Code 1998, § 5-5-144)

A parking space is defined as an off-street space available for the parking of motor vehicles. Each automobile parking space shall not be less than nine feet in width and 18 feet in length. This area does not include areas for ingress and egress. Individual spaces may be marked by lines, concrete barriers, railroad ties, or any other devices approved by the planning commission.

(Code 1998, § 5-5-145)

Parking spaces must be located so that no space is farther than 500 feet from the buildings and uses it is assigned. This requirement does not include parking spaces for auditoriums, stadiums, assembly halls, and other places of assembly. Parking spaces to be provided in public rights-of-way must be approved by the appropriate agency.

(Code 1998, § 5-5-146)

Parking areas including aisles, ingress and egress, and drive through windows must be graded and surfaced with asphalt, concrete, crushed stone, gravel or other suitable material approved by the planning commission. The minimum pervious surface requirement shall be 35 percent.

(Code 1998, § 5-5-147)

Parking facilities must meet all federal and state regulations regarding barrier free design.

(Code 1998, § 5-5-148)

(a)

Required parking spaces for any number of separate buildings or uses may be combined in one lot. But the required spaces assigned to one use may not be assigned to another use at the same time. The required parking spaces for places of assembly may be assigned to parking spaces that are otherwise assigned to other uses if the parking spaces are normally used at different times.

(b)

Parking areas must be designed and constructed so that all maneuvering to park vehicles can take place entirely within the property lines of the lot.

(Code 1998, § 5-5-149)

Off-street parking spaces may not be reduced below the minimum required for the use or facility to which they are assigned. Parking spaces for building uses existing at the time of the adoption of the ordinance from which this chapter is derived and which were inadequate to meet the minimum parking spaces required must not be reduced as long as those buildings and uses continue to be in existence.

(Code 1998, § 5-5-150)

Whenever additions to existing buildings and uses is proposed, such addition shall provide adequate parking spaces.

(Code 1998, § 5-5-151)

Plans for parking lots, garages and storage areas in relation to a building or use must be submitted to the building official for review for compliance with the provisions of this chapter. Parking plans must show the number of spaces and the arrangement of parking aisles, location of driveway entrances, provisions for vehicular circulation, location of proposed sidewalks, location of signs and such other information as the circumstance may warrant. After a maximum of eight parking spaces, a tree island is required to be installed which shall be 12 feet wide, measured from back of curb to back of curb. In cases where there is not any curb or gutter, the width shall be measured from the edge of pavement or parking lot surface, across the newly created tree island to the edge of pavement or parking lot surface

(Code 1998, § 5-5-152; Ord. No. 2005-16, § 5-5-152, 10-24-2005)

(a)

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from the development, a sufficient off-street loading and unloading area must be provided to accommodate the delivery or shipment operations in a safe and convenient manner.

(b)

The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area given the nature of the use.

(c)

Loading and unloading areas shall be located and designed that the vehicles intended to use them can maneuver safely to and from a public right-of-way, and complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

(d)

No area allocated to loading and unloading may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.

(Code 1998, § 5-5-153)