A. Intent And Purpose: The principal purpose of development review is to establish development standards for the town, and provide project review procedures to determine compliance with the provisions of the technical codes and development policies of the town. Further, development review is intended to promote an aesthetically pleasing and economically viable community. (Ord. 180, 1-9-2001)
B. Development Review Required:
1. All applications for permits for the construction of any building or structure in the following zoning districts shall be required to comply with the development review procedures set forth in this subsection B.
MF district - multiple-family
RT district - residential transitional
NC district - neighborhood commercial
GC district - general commercial
LI district - light industrial
HI district - heavy industrial
The initial review shall be coordinated by the planning department and shall include the recommendations of other town departments as necessary.
2. The planning director or his designee, may approve, conditionally approve, or disapprove proposed plans for the following:
a. Any residential development consisting of 10 or fewer dwelling units.
b. Commercial structures which meet the requirements of all applicable ordinances and do not exceed five thousand (5,000) square feet in size.
3. The planning and zoning commission shall review and approve, conditionally approve, or disapprove all applications for proposed projects not included in subsection B2 of this section.
4. The planning director may refer any application for development review directly to the planning and zoning commission with or without a recommendation.
5. Any proposed plan shall be approved, conditionally approved, or disapproved within thirty (30) days after a completed application has been submitted, unless the applicant shall request such time be extended. (Ord. 05-255, 8-9-2005)
C. Development Plan Required:
1. All applications for development review shall be accompanied by a development plan which shall include the following:
a. Site Plan: Fully dimensioned and including the location of all proposed and existing structures, parking areas, landscape areas, walls, sidewalks, and other elements of the proposed project.
b. Landscape Plan: Including a schematic representation of the location of all plant materials and screening walls.
c. Building Elevations: North, south, east and west for all on site structures, noting all exterior finish materials and color.
d. Drainage Plan: Prepared by a professionally licensed engineer.
e. Details: Of all screening, decorative and perimeter walls. (Ord. 148, 6-23-1998)
a. All roof mounted mechanical equipment or ductwork which projects vertically more than one and one-half feet (11/2') above the roofline shall be screened from public view and/or residential zoning districts by means of a parapet wall or a single enclosure which is designed and detailed consistently with the building design and encloses all such equipment.
b. No wall mounted mechanical equipment shall be visible from a public street or adjacent residential zoning districts.
c. No ground mounted mechanical equipment shall be visible from a public street or adjacent residential zoning districts.
d. Gutters, downspouts and similar items shall be painted to match or complement the color of the building.
a. All required parking areas and parking spaces shall be designed and constructed in accordance with the following:
(1) Design: All parking areas and parking spaces shall meet the requirements as set forth in section
10-6-8 of this chapter.
(2) Surface: All required parking areas, parking spaces and driveways shall have a dust free surface.
(3) Vehicular Contact: Bumper blocks or curbing shall be utilized to protect screening walls and refuse enclosures from vehicular contact.
3. Landscaping And Walls:
a. The required front yard and side yard setbacks shall be landscaped to provide for a minimum of ten percent (10%) landscaping in their site plans including a minimum of a three foot (3') wide landscape strip across any area of street frontage not used for driveways.
b. Any commercial or industrial development which is proposed for a site having a property line which is coterminous with a residential site or zone shall provide a six foot (6') high masonry wall.
c. All side and rear yards in residential transitional, commercial and industrial developments which are visible from a public street from other than the front yard shall provide a six foot (6') high screening wall.
d. Duplexes, triplexes, fourplexes, or greater, which are part of a project containing more than one building shall provide a six foot (6') high screening wall built to specifications that have been approved by the town manager and zoning director. Said approval shall be in writing.
a. All outdoor refuse collection areas shall be screened from view by appropriate screening walls and when feasible, located at the rear of the site.
b. As required by this section, screening walls shall be constructed of wood or masonry or an alternative approved by the planning and zoning commission and/or the town council.
c. All proposals and plans shall be consistent with all applicable provisions of this code as it now exists or may be hereafter amended.
d. Access to the site and circulation thereon shall be safe and convenient for pedestrians, cyclists and vehicles.
e. Developers will take the appropriate measures to secure their property and assets.
f. Development review applications are to include details as to how the property will remain in compliance with section
4-3-4 (A) [5].
E. Modifications Of Minimum Standards:
1. The planning and zoning commission may permit modifications to the minimum standards set forth in subsection D of this section where reasonably required by the location of the lot or unique circumstances of the lot.
2. In approving any modification, the planning and zoning commission shall make the following findings. All findings shall be supported by verifiable evidence.
(1) That the proposed modification(s) will yield a project design which is equally or more desirable in terms of function, aesthetics, view, and general appropriateness than that which would result by requiring strict adherence to the terms and regulations of subsection D of this section.
(2) That the proposed modification(s) shall in no way impair the health, safety and welfare of future occupants of the proposed development, adjacent developments or residents of the town.
(3) The strict adherence to certain terms and regulations of this section is not required in order to protect the property value of adjacent and nearby residents.
(4) That the proposed modification(s) is consistent with the policies and goals embodied in the general plan.
F. Appeal To Planning And Zoning Commission: In the event the applicant or any interested person is aggrieved by the decision of the planning director, an appeal in writing with the appropriate appeal fee as set by resolution of the town council may be submitted to the planning and zoning commission within fifteen (15) calendar days of the decision. Following the filing date of an appeal, the planning and zoning commission shall affirm, modify or reverse the decision of the planning director.
G. Appeal To Town Council: In the event the applicant or any interested person is aggrieved by the decision of the planning and zoning commission, a written appeal with the appropriate appeal fee as set by resolution of the town council may be submitted to the town council within fifteen (15) calendar days of the decision of the planning and zoning commission.
H. Approval As Prerequisite To Issuance Of Permit: No permit for the construction of any building or structure shall be issued in any case hereinabove mentioned until such plans, drawings, or sketches have been approved by the planning director or the planning and zoning commission or, on appeal, by the town council. All buildings, structures and grounds shall be developed in strict conformance with said plans, drawings, or sketches as finally approved.
I. Revocation Of Permit: The planning director may issue a stop work order and the planning and zoning commission may, after a public hearing with notice to the permittee, revoke any approval given pursuant to this section for noncompliance with any of the conditions imposed through the approval process. Such revocation shall be deemed revocation of the permit. Written notice of intention to revoke shall be mailed to the permittee not less than thirty (30) days before the planning and zoning commission hearing date. Said revocation may be appealed in the manner provided in subsection G of this section.
J. Lapse Of Approval Period: The development review approval is conditioned upon the rights or privileges acquired thereby being utilized within one year after the effective date of approval and should the rights or privileges not be executed or utilized within said year, or when a building permit has not been issued within said year, or when some form of construction work is involved which has not actually commenced within said year, or if so commenced, is not diligently pursued to completion, said approval shall automatically lapse except that if said utilization or construction has been delayed by town delay in approving plans, then the planning director shall grant and record a commensurate extension. The planning director may, upon the request of the permittee, for any cause, grant a reasonable extension of time, in addition to the one year period hereinabove provided. Such a request for extension shall be filed with the planning director fifteen (15) days prior to the expiration of the one year approval period. Only one such extension shall be granted and said extension shall in no case exceed six (6) months.
(Ord. 148, 6-23-1998; amd. Ord. 05-255, 8-9-2005; Res. 2023-01, 3-7-2023; Ord. 2025-03, 4-1-2025)