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Milford City Zoning Code

13.42 Combining

Overlay Districts

13.42.010 When Required

  1. A person shall not commence any use for which a combining overlay district applies and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a site development plan, covering the parcel or parcels to be so used shall be approved and adopted as provided in this chapter.
  2. Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land until a plan of design, preliminary subdivision map covering the property proposed to be graded or excavated had been approved and adopted as provided in this chapter.
  3. This division shall not apply to the grading or excavation required in connection with:
    1. The construction of a swimming pool or patio cover on property in a residential zone; or
    2. The movement of less than 50 cubic yards of earth; or
    3. The grading of any parcel of property so as to improve the land for emergency purposes involving immediate threats to public health safety and protection of property from hazards.

13.42.020 Contents

Such a site development plan shall specify and include:

  1. The locations, size, height, type and general utilization of all structures including signs walls and fences;
  2. The location, size and dimensions of all yards and setbacks and all spaces between structures;
  3. The plan of the proposed parking area of the development to which the parking is accessory;
  4. The location dimensions and method of improvement of all property to be dedicated to the public or to public utilities;
  5. Examples of proposed architectural treatment in the form of elevation;
  6. The general location, area, and type of landscaping;
  7. The general circulation pattern indicating public and private vehicular equestrian and pedestrians ways;
  8. Relationship of present and future land uses to the surrounding area and t the general plan;
  9. A preliminary report indicating provisions for storm drainage; sewage disposal, grading and public utilities;
  10. A phasing plan;
  11. The legal description and a location map of the subject property;
  12. Any other data as may be required by the Planning and Zoning Commission or City Council in evaluating the proposed development shall be required and become an integral part of such a submittal.

13.42.030 Approval Or Denial Of Plan

Any such site development plan may be denied, approved, modified and approved or approved subject to conditions, Any such site development plan after approval may be amended, in the same manner as a site development plan is first approved under this chapter.

13.42.040 Approval Or Denial Considerations

  1. In the approval or denial of a site development plan consideration shall be given to the following and restrictions shall be imposed as necessary:
    1. The size and shape of the parcel
    2. The present and proposed zoning:
    3. The use of the subject property and the surrounding property; and
    4. to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter.
  2. The standard restriction imposed in the various zones by this chapter relating to the subjects mentioned in this section are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinity, unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes and the protection of the public peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the case of a permitted use upon a lot of normal size and shape surrounded by property in the same zone as the lot in question. The City Council upon recommendation of the Planning and Zoning Commission may require additional conditions where circumstances warrant.

13.42.050 Approval Subject To Condition

A site development plan may be approved subject to the granting of a change of zone, a conditional use permit, a variance, or the approval of a final subdivision map.

13.42.060 Compliance Required

No person shall violate or fail to comply with any approved site development plan or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any structure which would violate or fail to comply with any approved site development plan for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

13.42.070 Continuance Of Existing Plans

Any plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the plan is made null and void or amended a the time of adopting said new regulations.

13.42.080 Failure To Utilize A Plan

  1. Failure to utilize a plan, by an applicant or his successor, within two years of its effective date (unless extended by action of the Planning and Zoning Commission) will automatically void such plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the city should find that there has been no construction of substantial character taken or if such construction should lapse for more than six months, the plan shall be void. Said lapse of approval shall not apply to public plans.
  2. Extension of time up to a maximum of one year may be granted from the date of expiration of the plan by the Planning and Zoning Commission when extenuating circumstances can be clearly shown by the application. The request for same shall be submitted to the Planning and Zoning Commission in writing, with appropriate fees, 30 days prior to the expiration date and shall clearly state the reasons why construction has not commenced. Said one year extension(s) are limited to three. This subsection dealing with extensions is of no force and effect when applicant has an approved Development Agreement on file covering the same area as the plan.