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7.16.080 Development Plan - CLEANOrdinance 25-06 7.16.080 Development Plan, Avon Municipal Code 7.16.080 Development Plan (a) Purpose. The general purpose of the development plan review process is to ensure compliance with the development and design standards of the Development Code prior to the issuance of a building permit or concurrent with other required permits and to encourage quality development reflective of the goals and objectives of the Avon Comprehensive Plan. Specific purposes of development plan review include, but are not limited to the following: (1) To prevent excessive overlot or grading of property that could cause disruption of natural watercourses, drainage ways, or that may eliminate or significantly modify natural landforms or topography; (2) To ensure that the location and configuration of structures, including signage, are visually harmonious with their sites and with surrounding properties and structures and that there shall be conformance to the Comprehensive Plan of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually in character with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and (4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. (b) Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan. (c) Development Plan Categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan. Minor development plans include the following: (i) All new building construction six hundred (600) square feet or less; (ii) Modifications to Dumpster locations; (iii) Screen wall modifications; (iv) Deck modifications, including but not limited to additions, new construction and materials or color modifications; (v) Modifications to the exterior of an existing building, including but not limited to windows, doors, minor architectural details, colors and materials; (vi) Modifications to approved development plans which result in a ten-percent or less increase to lot coverage; ten-percent or less increase to building height; ten-percent or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project; (vii) Modifications to approved development plans which do not change the character of the approved design; and Ordinance 25-06 7.16.080 Development Plan, Avon Municipal Code (viii) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building (d) Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. Specific additions and modifications to the general review procedures are identified below. (e) Notice and Hearing. PZC shall conduct a public hearing for all major development plans. Town Council shall conduct a public hearing following the PZC hearing when reviewing a development plan applicable in the Town Core Boundary. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The Director shall not conduct a public hearing for administrative review and decision on development plan applications. (f) Review Authority. The review authority for a development plan application shall be determined by the subdivision category. (1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. (i) Town Core. If the, application is located within the Town Core the Director shall review and provide a recommendation to the PZC. The PZC shall then review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan. (2) Minor Development Plan. The Director shall review and render decisions on all minor development plans and minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to the PZC any plan application that the Director determines warrants review by the PZC. Minor exterior alterations may be administratively approved through the building permit process based on Director discretion. Minor exterior alterations may include but are not limited to window or door modifications, including placement or materials, light fixture modifications, and modifications to decorative materials that do not significantly alter the appearance of the structure. (g) Review Criteria. The following review criteria shall be considered as the basis for a decision on development plan applications: (1) Consistency with the purpose of the Development Code as specified in Section 7.04.030, Purposes; (2) Conformity with the Avon Comprehensive Plan and other applicable, adopted plan documents, where these documents discuss design; (3) Consistency with any previously approved and not revoked subdivision plat, planned unit development plan or any other precedent plan or land use approval for the property as applicable; (4) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; Ordinance 25-06 7.16.080 Development Plan, Avon Municipal Code (5) That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and (6) Consistency of the development design with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. (h) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h). (i) Revocation. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building or structure or use that is not in accord with the approved documents or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved. Any deviation from the approved development plan as approved shall be grounds for revocation of the development plan approval.