This chapter provides for a comprehensive site plan review and approval process for commercial, industrial and certain residential development projects. The purpose is to ensure that the overall site design is in compliance with all applicable development standards and to ensure that there is utility service capacity available to serve the project early in the permit review process.

(Ord. 11804 § 88, 1998)

Site plan review and approval shall be required prior to the issuance of a building permit when provided under this section.

1.

This chapter applies to the following types of development unless a special use permit is otherwise required;

a.

Commercial development;

b.

Industrial development;

c.

Multifamily, condominium and townhouse developments with more than four dwelling units;

d.

Additions or expansions and associated remodels to development defined under subsections (1)(a) through (c) above when within any twelve month period the cost of the additions or expansions and associated remodels exceeds fifty percent of the assessed value of the existing real property improvements.

2.

This chapter applies within the following zoning districts:

a.

Residential — 3—6 dwelling units per acre (Chapter 20.15);

b.

Residential — 4—16 dwelling units per acre (Chapter 20.21A);

c.

Neighborhood convenience (Chapter 20.22);

d.

Rural commercial center (Chapter 20.24);

e.

Arterial commercial (Chapter 20.25);

f.

Highway commercial (Chapter 20.26);

g.

Planned industrial park (Chapter 20.27);

h.

Light industrial (Chapter 20.28);

i.

Rural resource industrial (Chapter 20.29);

j.

Major educational institution (Chapter 20.64).

3.

Plats reviewed under Chapter 18.12 TCC (Preliminary Plat), mobile/manufactured home parks reviewed under Chapter 20.31, and planned residential developments reviewed under Chapter 20.30 shall not be required to obtain site plan approval under this chapter, as these projects follow separate review processes.

(Ord. 11867 § 12, 1998; Ord. 11804 § 87, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 15837, § 2(Att. A, § II), 11-12-2019)

Before submitting an application for site plan review, an applicant may arrange to have the proposal reviewed informally by submitting a request form and one copy of the proposal to the resource stewardship department for a presubmission conference. However, for all new commercial and industrial uses or change of use, a presubmission conference is mandatory. The proposal shall contain in a rough and approximate manner all of the information required in the site plan application. The purpose of the summary site plan review is to enable the applicant to obtain the advice of affected County departments as to the applicability of the intent, standards and provisions of this title to the plan. Upon receipt of a properly prepared request, the resource stewardship department shall notify the applicant of the time and place for the presubmission conference.

(Ord. 11804 § 89, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14439, § 7, 11-16-2010)

Filing of an application for site plan review shall be in accordance with Chapter 20.60. Each application shall contain the information listed in Section 20.60.030.

(Ord. 11804 § 90, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

1.

Site plans shall be reviewed pursuant to Chapter 20.60.

2.

Pursuant to Chapter 20.60 (see Table 2), the approval authority shall be the director or designee. The approval authority shall review the proposed site plan for compliance with the provisions of this title and other applicable laws and regulations, and shall determine whether the proposed development serves and makes appropriate provision for the public health, safety and general welfare.

3.

The final decision of the approval authority may be appealed in accordance with Chapter 20.60.

(Ord. 11804 § 91, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

Amendments to an approved site plan shall be reviewed and approved in the same manner as the original site plan.

(Ord. 11804 § 92, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

Where the approval authority approves a site plan, the development of the area to which the site plan pertains shall be in conformity to the site plan as finally approved. Any development, use, open space, or density which fails to substantially conform to the site plan as approved by the approval authority constitutes a violation of this title, punishable under the provisions of Chapter 20.60.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

Any use of land which requires site plan review and approval as provided in this title, and for which such review and approval is not obtained, constitutes a violation of this title, punishable under the provisions of Chapter 20.60.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

When a proposed site plan would conflict with any standard or provision prescribed under Chapters 20.40, 20.44 and 20.45, the hearing examiner may waive the standard or provision if the applicant shows that its retention and application to the development would defeat the intent of this title and the purpose or purposes of any other standard or standards prescribed under this title. Such waiver shall be processed as a Type III application in accordance with Chapter 20.60.

(Ord. 11804 § 94, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

1.

Approval of the site plan shall be effective for two years from the date of original approval by the approval authority. During this time, the terms and conditions upon which approval was given will not be changed, except as provided in Section 20.37.070 (Amendment of site plan). If a building permit has not been issued or if construction activity or operation has not commenced within the two-year period, the site plan approval shall automatically expire. Additionally, if the approved site plan calls for a division of land pursuant to a binding site plan, such binding site plan must be recorded within such two-year period.

2.

Upon the application of the owner or representative, the approval authority may grant a one year extension. In no case shall the approval authority grant an extension for more than one year at a time. If an extension of time is approved, the site plan will be subject to all new and amended regulations, requirements, policies or standards which are adopted after the original date of approval.

3.

Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The county shall not be responsible for providing notification prior to expiration. All requests for an extension of time must be submitted to the department prior to expiration of site plan approval.

(Ord. 11804 § 95, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

Whenever a planned use of land is to be implemented in phases over a period of years, the person planning such use may submit an application requesting review and approval of a site plan that covers all phases of the development. "Use" as used in this section means single or multiple uses of land. In addition to the information required in Section 20.60.030, a site plan application for a phased development shall contain a program for development, including estimated timing of each development phase and estimated build-out data for each year during the construction period.

(Ord. 11804 § 96, 1998: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)