Verona City Zoning Code
Sec. 13-1-220
Site Plan Review and Approval.
(a)
Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this article.
(b)
Applicability. This section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading, or filling) requires the approval of site, building and operational plans by the City Plan Commission before the building, occupancy, and zoning permits can be issued—except, however, that development activity associated with an approved final plat of subdivision or certified survey map for residential buildings with two (2) or fewer dwelling units, and development activity associated with the full and complete implementation of a project approved within the Final Plan phase of the Planned Development is exempt from this requirement.
(c)
Procedure.
(1)
Initiation of Request for Approval of a Site Plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).
(2)
Pre-Application Meeting. The petitioner shall first meet with the Planning Department and other applicable City Staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the Petitioner on technical requirements and procedures, and a timetable for project review may be discussed.
(3)
Application for Site Plan Review and Review by Zoning Administrator. The petitioner shall submit an application to the Planning Department to initiate the process who will review it for completeness per the requirements of subsection (d). The Zoning Administrator will notify the applicant if the application does not fulfill the requirements of this chapter, is incomplete, or is complete. The review of the submitted application shall be completed within ten (10) working days of application submittal. Once the application is approved as complete, the Zoning Administrator shall schedule an appearance before the Plan Commission a minimum of two (2) weeks from the date of complete application acceptance. Once deemed complete, the Zoning Administrator shall notify the petitioner of the date and time of the applicable Plan Commission meeting. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.
(d)
Application Requirements. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure and may be revised upon review by City Staff. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. The applicant shall provide the Planning Department with payment and a completed application form and all supporting documentation. The application must conform to the rules and requirements adopted by the Zoning Administrator.
(e)
Required Procedure for Submission and Review.
(1)
Required Timing of Submission. The site plan shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the Preliminary Plat of Subdivision or the Certified Survey Map; or if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the site plan, however, the acceptance and/or general approval of the concept plan does not indicate the approval of natural resource feature locations. A site plan prepared for the subject property which has been previously approved by the Zoning Administrator may be submitted for any subsequent development activity on the site. However, modifications to a previously approved site plan will be required if the analysis is no longer accurate for the subject property.
(2)
Review by City Staff. City staff shall review the submitted site plan for general compliance with the following data sources:
a.
Official Zoning Map;
b.
Federal and state documents and maps such as, but not limited to, FEMA floodplain maps, wetland inventories, and topographic data;
c.
The City of Verona Comprehensive Master Plan; and
d.
Site visits. The Zoning Administrator shall provide the petitioner with a written evaluation of the submitted site plan which shall indicate the acceptance by City Staff; or the need for further analysis work, discussion with the petitioner and/or Staff-recognized experts, or a joint site visit.
(3)
Modification of Site Plan. If necessary, as determined by City Staff, revised site plans shall be prepared and submitted for review by City Staff, until a version is deemed acceptable. Staff review of the site plan may be appealed to the Board of Zoning Appeals as a matter of Chapter Interpretation (see section 13-1-215).
(4)
Acceptance of Site Plan. Upon notification of acceptance by City Staff, (or in case of appeal, by determination of the Board of Zoning Appeals), the petitioner may proceed with the submittal of necessary development documents.
(5)
Integration of the Site Plan Information with Required Development and/or Land Division Documents. Information contained on the Site Plan relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a Building Permit) and on any proposed Plat of Subdivision or Certified Survey Map.
(f)
Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the following:
(1)
The basic intent of the Comprehensive Master Plan and Zoning Ordinance to ensure attractive, efficient, and appropriate development of land in the community;
(2)
Whether the site plan application ensures particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment;
(3)
Whether the site plan application ensures that adequate public utilities and public services are being provided.
(g)
The Plan Commission, in reviewing the application may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the Site Plan until a revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one (1) of the two (2) above procedures as directed by the Plan Commission.
(1)
Initiation of Land Use or Development Activity. Absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this article and shall be subject to all applicable enforcement mechanisms and penalties.
(2)
Modification of an Approved Site Plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this article. An approved site plan shall be revised and approved via the procedures of subsections (b) and (d), above, to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications. Minor modifications to a site plan may be approved by the Zoning Administrator without the need for further review and approval by the Plan Commission. Minor modifications will be limited to the following:
a.
The minor amendment does not result in an increase in the approved number of dwelling units;
b.
The minor amendment does not result in a greater than five (5) percent cumulative increase in the amount of square footage of a non-residential land use or structure;
c.
The minor amendment does not result in a change in the housing mix or use mix ratio;
d.
The minor amendment does not result in a change in the character of the development as determined by the Zoning Administrator.
(3)
Fee. A fee is required for this procedure as set forth in the City Fee Schedule, as amended.
(4)
Effect of Denial. No application for site plan review and approval which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
(5)
Time Limits on Development. The start of construction of any and all development(s) in an approved site plan shall be initiated within three hundred sixty-five (365) days of their approval by Plan Commission and shall be operational within seven hundred thirty (730) days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the site plan approval. For the purposes of this section, "operational" shall be defined as the granting of a Certificate of Occupancy for the development. Prior to such revocation, the Applicant may request an extension of this period. Such request shall require formal approval by the Plan Commission and shall be based upon a showing of acceptable justification (as determined by the Plan Commission).