§ 184-55. When required; exemptions.  


Latest version.
  • A. 
    Site plan approval, when required. Prior to the issuance of a building permit, demolition permit, zoning approval or certificate of occupancy for any development, a final site plan application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this article, and all conditions precedent to said approval, including but not limited to the completion of required infrastructure improvements as set forth in § 184-70 and/or the posting of performance guarantees for same, shall be complied with. Furthermore, the Board may require, as a condition of any approval, the withholding of permits and approvals pending the satisfactory completion of required improvements as set forth in § 184-70B and the completion of removals or demolitions. Notwithstanding the above, the following developments shall be exempt from the requirement of site plan review and approval:
    (1) 
    Individual lot applications for detached one-family dwelling unit buildings;
    (2) 
    Subdivision applications for detached one-family dwelling unit buildings; provided that the Board may review site-related issues to determine that all of the lots proposed by the development plat are adaptable for their intended purposes and without danger to the general welfare;
    (3) 
    A proposed alteration that is not a modification of the utilization of a building, structure or property as defined in § 184-8 and/or a change to the exterior dimensions of any existing building(s) or structure(s); provided that such determinations shall be made by the Zoning Official.
    (4) 
    Site improvements or activities limited to the following, provided that if such structures or activities are proposed in connection with an application that otherwise would require site plan approval, they shall be reviewed as part of the overall site plan application:
    (a) 
    Minor maintenance and repair of existing structures, as determined by the Zoning Official;
    (b) 
    Wall signs and temporary signs;
    (c) 
    Fences, except for fences greater than four feet high in the front yard or greater than six feet high in the side or rear yard; and
    (d) 
    Freestanding walls and retaining walls, but not including any such wall which is also a wall of a building; and
    (5) 
    Development otherwise exempt from the requirement of site plan approval by law.
    (6) 
    A minor site plan which conforms with Subsection A(6) of the definition of "minor site plan" in § 184-8 and there is only a change of tenancy and no change to the exterior of the structure. In the event the foregoing conditions exist, a minor site plan waiver form will be signed by the Mayor, Planning Board Chairman and Zoning Officer.
    [Amended 6-14-2001 by Ord. No. 01-10R]
    B. 
    Subdivision approval, when required. Prior to the filing of any plat, deed, map or other recorded instrument for the subdivision of land with the county recording officer, a final subdivision application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this article.