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Lawrence County Unincorporated
City Zoning Code

CHAPTER 14

DEVELOPMENT PLANS

§ II-14.001 GENERALLY.

   A development plan review shall be required in any zoning district when the original use of the land is changing, and/or an existing use is being expanded. Upon the filing of any application for a development plan, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. The review shall include, but is not limited to, the provisions set forth in this chapter.
(Ord. 14-01, passed 6-6-2014, Ch. 14)

§ II-14.002 SITE PLAN.

   Site plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this title and all relevant laws, ordinances, rules, and regulations. At a minimum they shall include:
   (A)   Setbacks from all property lines, roads, streets, easements and section lines, if applicable;
   (B)   Location of all existing and proposed structures;
   (C)   All incidental uses such as wells, septic tanks, drain fields, waterways, driveways, utilities, existing easements, slopes, and the like; and
   (D)   Property lines with dimensions.
(Ord. 14-01, passed 6-6-2014, Ch. 14, § 1.1; Ord. 22-04, passed 4-11-2023)

§ II-14.003 WRITTEN SUMMARY/COMMENTS.

   A written summary shall include, at a minimum, the following information:
   (A)   Proposed land uses and specific recreation services to be offered;
   (B)   Proposed and existing signs and locations;
   (C)   Proposed time line of completion of plans;
   (D)   Parking and loading plans pursuant to Chapter 7 of this zoning title;
   (E)   Adjacent land use;
   (F)   Relationship of the proposed development to the surrounding area;
   (G)   A letter from the appropriate fire district in regard to fire protection;
   (H)   A letter from Department of Agriculture and Natural Resources, or county entity regarding the proposed or existing water system;
   (I)   A letter from Department of Agriculture and Natural Resources(DANR) regarding the proposed/existing sewage disposal system; or a registered professional engineer with experience in septic system design;
   (J)   A letter from any entity which may have joint jurisdiction over the property;   (K)    A letter from the County Floodplain Administrator’s review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) to determine if the proposed commercial location lies within the designated flood hazard area. If it is determined to be the floodplain area, a professional engineer will have to review the specifics of the property and obtain a development permit and elevation certification; and
   (L)   Other pertinent information, as required, to include, but not be limited to, e.g., outside engineer/plan/inspector review of all plans and drawings; wetland information, streams, geotechnical information, on-site wastewater disposal systems, percolation tests, soil profiles, and the like, solely at the owner’s expense.
(Ord. 14-01, passed 6-6-2014, Ch. 14, § 1.2; Ord. 22-04, passed 4-11-2023)

§ II-14.004 DEVELOPMENT PLAN; REVIEW CRITERIA.

   The County Commission shall consider, but not be limited to, the following criteria when reviewing the development plan:
   (A)   Degree of consistency of the proposed use with the surrounding area in terms of character and density;
   (B)   Provision for and adequacy of future public education and recreation facilities, public safety, transportation, water supply, sewage disposal, surface drainage, flood control, and soil conservation;
   (C)   The nature, intent, and compatibility of common open space, including the proposed method for the maintenance and conservation of open space;
   (D)   The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development; and
   (E)   The conformity and compatibility of the proposed use with the Comprehensive Plan.
(Ord. 14-01, passed 6-6-2014, Ch. 14, § 1.3)

§ II-14.005 BONDING.

   Bonding may be required to ensure that development is completed within the specified time limits, and in a manner consistent with the plan.
(Ord. 14-01, passed 6-6-2014, Ch. 14, § 1.4)

§ II-14.006 PROCEDURE.

   (A)   The Planning Department shall review the completed development plan application for compliance with this chapter. Any application not containing and/or addressing all the information required, shall be rejected and returned to the applicant together with the reasons for rejection.
   (B)   If the Planning Department finds the application in compliance with this chapter, a County Commission public hearing will be scheduled for the next regular meeting. The Planning Department shall create a staff report with recommendations to the County Commission for either approval or denial of the application.
   (C)   A notice of public hearing sign will be furnished by the Planning Department. The sign must be posted no less than ten days prior to the date of the hearing and must remain posted on the property until final action by the County Commission.
   (D)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the County Commission will review and consider the development plan application.
   (E)   The County Commission shall approve, approve with conditions, or deny the development plan within 30 days of the initial hearing of the application. If the action is to deny the development plan, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met. The decision of the County Commission may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.
   (F)   If development plan is approved, a building permit may be issued by the appropriate authority. The approved development plan shall be incorporated into the building permit. Any change of approved plan shall be processed similarly to the original plan.
(Ord. 14-01, passed 6-6-2014, Ch. 14, § 1.5)