Kendall City Zoning Code
ARTICLE X
Site Plan Review
§ 265-95 Purpose.
The intent of this article is to set forth additional general standards applying to certain uses and activities. The nature of these uses and activities require special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Town to accommodate development consistent with the objectives of this chapter.
§ 265-96 Applications.
All applications for zoning permits, zoning variances, or special permits, except for one and two-family dwellings, their permitted accessory uses, any addition to a single-family dwelling, or general farming use, shall be accompanied by a site plan approval. Residential development within a Historic District, all development in the Waterfront Development District, and all home businesses must also have site plan approval. No zoning permit shall be issued until all the requirements of this article and all other applicable provisions of this chapter have been met.
§ 265-97 Procedure.
A.
Each application for a building permit, variance or special permit for any structure, building or use other than a one- or two-family dwelling, their permitted accessory use, any addition to a single-family dwelling or general farming use shall be referred to the Town Planning Board. The application shall be made to the Planning Board by filing it with the Zoning Enforcement Officer. The Zoning Enforcement Officer shall present it to the Planning Board at their next regularly scheduled meeting. The applicant may wish to attend the Planning Board meeting to answer questions concerning the application.
B.
Within 62 days of receipt of the application, or 90 days in cases when the application must be referred to the County Planning Board, the Planning Board shall render a decision to approve, approve with conditions, or deny the site plan, and shall forward the decision to the Zoning Enforcement Officer. Any extension of this sixty-two-day period may be granted upon consent of both the applicant and the Town Planning Board. If the Planning Board fails to act within the sixty-two-day period or the extension period that has been granted, the site plan shall be considered approved.
C.
A full written record of the Planning Board minutes and decisions together with all documents pertaining to the case shall be filed in the office of the Town Clerk and shall be mailed to the applicant.
§ 265-98 Preapplication conference.
A preapplication conference may be held between the Planning Board and applicant to review the basic site design concept and to determine the information to be submitted with the site plan.
§ 265-99 Application for site plan approval.
An application for a non-wind energy conversion system site plan approval shall be made in writing to the Zoning Enforcement Officer and shall be accompanied by information drawn from the following checklist. An application for a commercial, residential or agricultural wind energy system shall meet the application requirements of the appropriate wind energy application subsection of § 265-72. The Planning Board may require additional information if necessary, to complete its review.
A.
Plan checklist for all non-wind energy conversion system site plans:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourse and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
Location, proposed use, and height of all buildings and site improvements including culverts, drains, retaining walls and fences.
(8)
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9)
Location of outdoor storage, if any.
(10)
Description of the method of sewage disposal and location of the facilities.
(11)
Identification of water source; if well, locate on drawing.
(12)
Location, size and design and construction materials of all proposed signs.
(13)
Location and proposed development of all buffer areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
General landscaping plan.
(16)
Copy of property deed and a listing of all deed restrictions.
B.
As necessary, the Planning Board may require the following:
§ 265-100 Planning Board review of site plan.
The Planning Board's review of the site plan shall include, as appropriate, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. This includes the maximum feasible redesign of private roads to conform to public access and rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, and design and general site compatibility of buildings, lighting and signs. No use shall be undertaken which eliminates or substantially reduces the view/vista of an existing property due to height, bulk or orientation of structure.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
(10)
Protection of solar access on adjacent or neighboring properties.
(11)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(12)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(13)
Special attention to the productive use and access with "backlot" areas, indicating present and future intended uses.
(14)
Consistency with the general intent of the Town's Comprehensive Master Plan, and consistency with the policies and uses of the Local Waterfront Revitalization Program (LWRP).
B.
Consultant review. The Planning Board may consult with the Town Code Enforcement Officer, fire commissioners, highway departments, county planning department, and other local county officials, in addition to representatives of federal and state agencies including, but not limited to, the Natural Resources Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C.
Public hearing. The Planning Board may conduct a public hearing of the site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application and shall be advertised in the official newspaper of the Town at least five days before the public hearing. A decision shall be rendered within 62 days after the public hearing.