Chapter 19.48 SITE PLAN REVIEW PROCEDURES

The purpose of site plan approval shall be to assure that the site plan of proposed uses is compatible with existing and potential uses and complies with development regulations and the comprehensive plan of the city of Oak Harbor. Site plan elements subject to this section include, but are not limited to, site layout, building orientation, pedestrian and vehicular access, signage, landscaping, natural features of the site, integration of stormwater management techniques, screening and buffering, parking and loading arrangements, and illumination. Site planning is the horizontal and vertical arrangement of these elements so as to be compatible with the physical characteristics of a site and with the surrounding area. Site plan review may include design review, which addresses the aesthetic considerations of architectural style, exterior treatment and colors. Site plan review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. The intent of the site plan approval shall be to:

(1) Promote integrated project review of various city codes concerned with development;

(2) Assure consistency with development regulations and plans;

(3) Protect neighboring owners and uses by assuring that reasonable provisions have been made for such matters as sound and sign buffers, light and air, and those other aspects of site plans which may have substantial effects on neighboring land uses;

(4) Promote the orderliness of community growth, protect and enhance property values and minimize discordant and undesirable impacts of development both on site and off site;

(5) Promote coordination of public or quasi-public elements, such as walkways, driveways, paths, and landscaping within segments of larger developments and between individual developments;

(6) Ensure convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas;

(7) Protect the desirable aspects of the natural landscape and environmental features of the city by minimizing the undesirable impacts of proposed developments on the physical environment;

(8) Minimize conflicts that might otherwise be created by a mix of uses within allowed zones; and

(9) Promote the creation of campus-like settings in appropriate zones. (Ord. 1784 § 70, 2016; Ord. 1555 § 22, 2009).

19.48.020 Applicability.

(1) Site Plan Review. No use shall be commenced nor shall any development permit be issued for any use or structure requiring site plan approval pursuant to this section until the director has approved or approved with conditions a site plan when required by this chapter. Development permits issued shall be in accordance with the approved site plan.

(2) A site plan review shall be required in the following instances:

(a) Original construction of new facilities or structures.

(b) Variances.

(3) Binding Site Plans. If the applicant desires to make the site plan a binding site plan, the applicant shall notify development services in writing, at the time of application, and meet the additional requirements listed in Chapter 21.80 OHMC and pay any additional fees required.

If a binding site plan is applied for anytime after the application for site plan is made, a new or amended site plan may be required to meet the requirements of Chapter 21.40 OHMC, except OHMC 21.40.080. (Ord. 1555 § 22, 2009).

19.48.030 Exemptions.

A site plan shall not be required for remodeling existing buildings or structures, provided:

(1) The alterations conform with any prior approved site plan; and

(2) The alterations do not modify the existing site layout; or for single-family dwellings or single duplexes except those located in critical areas or in cases when two or more duplexes will be built on the same lot. (Ord. 1555 § 22, 2009).

19.48.032 Requirements for application submittal.

The applicant shall submit the following items:

(1) An application fee;

(2) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

(3) Ten copies of the following:

(a) A cover sheet listing contents of the application package;

(b) An application form with at least one original copy signed by the applicant in ink;

(c) A written narrative that describes the existing conditions and proposed project in detail, describing how the project meets and/or exceeds the site plan review criteria as listed in OHMC 19.48.037 and 19.48.050 and including all information about the proposed and existing use, size, landscaping, screening, lighting, noise, structure(s), structural changes, hours of operation, and capacity (storage, students, etc.) of the project;

(d) A complete and accurate site plan map that conforms to the requirements listed in OHMC 19.48.035;

(e) All associated applications, to the extent applicable, e.g., SEPA, floodplain, habitat, shoreline, wetland, variances, conditional use, transportation concurrency, land clearing;

(f) A mailing list of all property owners adjacent to the project site, along with a map showing locations of the adjacent property owners unless the application requires a review process IV, in which case the list of property owners must include all owners within a 300-foot radius of the site;

(g) Any additional information requested in, or as a result of any, preapplication conference;

(4) Three copies of the following:

(a) A preliminary stormwater report. If the project involves the addition or redevelopment of 2,000 square feet or more of hard surfacing, stormwater review will be required for the project and other related engineering reports as required by OHMC Title 12;

(b) A traffic impact study, if applicable, indicating the number of additional average daily trips the proposal could be expected to generate, prepared by a professional engineer certified to practice in Washington State;

(5) Any other additional copies of application package needed for public hearings. (Ord. 1784 § 71, 2016; Ord. 1555 § 22, 2009).

19.48.035 Requirements for the site plan map.

The applicant shall submit a site plan map that is complete and accurate with a minimum scale of one inch the equivalent of 20 feet, and of a minimum size of 24 inches by 36 inches with the following information:

(1) General Information.

(a) Project name;

(b) Street address of property;

(d) Title block containing the drawing title, scale, revision number, if applicable, north arrow, date;

(e) Vicinity map including streets and surrounding landmarks within 500 feet of the property or enough information to easily locate the site on a large city map;

(f) Legal description of the property as provided by the Island County assessor’s office;

(g) Parcel number as provided by the Island County assessor’s office;

(h) Parcel map as provided by the Island County assessor’s office showing all adjacent parcels;

(i) Existing zoning;

(j) Square footage of floor area in each structure;

(k) Parking spaces and parking lot dimensions;

(l) Type of Construction Proposed. Indicate color and texture of exterior surfaces, e.g., wood, concrete, block, composite;

(m) Number of units, if applicable;

(n) If project will be developed in phases, indicate the number of units or buildings for each phase;

(o) Project density, including number of units per gross acre.

(2) Site Information.

(a) Location of property lines, indicating exterior lines with bold solid lines and interior property lines with long dashed lines;

(b) Topographic contour lines showing both existing and proposed elevations, at no more than five-foot intervals, extending a minimum of 10 feet beyond the property line. The interval should be such that the existing and proposed slopes of the property can be determined on the drawing. Proposed contours shall show ties to existing contours and show spot elevations as needed;

(d) Building setbacks indicating the front, rear and side building setbacks with clear dimensions;

(e) Distance to adjacent structures on site, if applicable;

(f) Proposed building(s), including dimensions;

(g) Sizes and locations of solid waste containers showing details of any site screening fences or structures and screening of dumpsters, etc.;

(h) Location of existing and proposed signs including elevation, size, material, color, design and method of illumination;

(i) Locations and dimensions of off-street parking, including handicap parking, how parking is designated per unit if applicable, lot striping, wheel stops and curbing, include turning radii in the circulation pattern;

(j) Locations and sizes/widths of existing and proposed driveways, traffic flow, and parking lot circulation and maneuvering;

(k) Locations and dimensions of existing and proposed rights-of-way, streets, curbs, gutters, and street centerlines, including pavement edges;

(l) Dimensions and locations of sidewalks and wheelchair ramps;

(m) Limits of the paved areas;

(n) Locations and dimensions of stormwater treatment, flow control, and LID facilities/BMPs.

(3) Building Information.

(a) Architectural elevations of existing and proposed buildings, including height and number of stories, along with any mechanical roof-mounted equipment;

(b) Generalized floor plans, planned uses for each area of building (including occupancy type, if known), finished floor elevations, exiting and accessibility accommodations.

(4) Infrastructure Improvements.

(a) Location of existing and proposed storm sewers, catch basins, manholes, parking lot storm drains, detention structures, etc.;

(b) Location and size of existing and proposed water mains, valves, service lines, size of water meters, sprinkler systems, fire hydrants, and backflow devices;

(c) Location and size of existing and proposed sanitary sewer collectors, manholes, pumping stations, force main and side services, including cleanouts;

(d) Location of other existing and proposed utilities, including, but not limited to, gas, power, telephone, streetlights.

(5) Landscaping. The applicant shall submit a landscape plan that is consistent with the proposed site plan. The plan shall be complete and accurate with a minimum scale of one inch equivalent of 20 feet, and of minimum size of 24 inches by 36 inches with the following information:

(a) Project name;

(b) Street address of property;

(d) Title block containing the drawing title, scale, revision number if applicable, north arrow, date;

(e) For lots larger than 1.5 acres in size the landscape plan shall be prepared by and bear the seal of a landscape architect, architect, or other professional with similar qualifications;

(f) Dimensions and distance;

(g) Existing and proposed parking spaces, or other vehicle areas, access aisles, driveways, and similar features;

(h) All landscape features including height, quality, type, botanical and common names, places of planting and all areas of vegetation shall be shown in context with the location and outline of any existing or proposed and other improvements on the site including fences, walls or berms;

(i) Gross acreage, area of preservation, number of trees to be planted and/or preserved, other plants to be planted and/or preserved, and square footage of paved areas shall be included in a table that clearly displays this and other relevant information necessary for the evaluation of compliance with the provisions of Chapter 19.46 OHMC, Landscaping and Screening;

(j) Percentage of parking lot area to be landscaped;

(k) Planting details including soil and staking requirements;

(l) Maintenance requirements; and

(m) Irrigation plan showing number, location and type of heads, zones, and drip systems, if applicable, as well as water meter locations and sizes. (Ord. 1784 § 72, 2016; Ord. 1555 § 22, 2009).

19.48.037 General evaluation criteria for site plan approval.

An application that complies with all of the following general evaluation criteria listed below, the requirements of this title, and applicable city standards shall be approved. An application that does not comply with these criteria shall be denied by the city.

(1) Comprehensive Plan. The proposed site plan and other application information proposed for development shall be consistent with the city’s comprehensive plan;

(2) Zoning. The proposed site plan and other required application information shall meet the requirements of this title;

(3) Natural Environment. The site plan and other required application information shall meet the requirements of environmentally sensitive area regulations of OHMC Title 20 and the State Environmental Policy Act, Chapter 197-11 WAC;

(4) Public Services. The proposed project shall be designed to meet the following:

(a) Adequate water supply to city standards as listed in OHMC Title 13;

(b) Adequate sewer facilities to city standards as listed in OHMC Title 14;

(d) Adequate fire protection and hydrants to city standards as listed in OHMC Title 8;

(e) Appropriate street improvements (including sidewalks) or site access facilities to city standards for or to all anticipated uses within the project as listed in OHMC Titles 11 and 17 and Chapter 21.40 OHMC;

(f) Provisions for all appropriate deeds, dedications and all other easements; and

(g) Provisions made for access to and maintenance of all common facilities;

(5) Existing Public Facilities and Services. The proposed project shall be designed to not adversely impact the public facilities and services which the city has adopted a level of service for without providing for additional mitigation means meeting the city’s approval.

Mitigation measures, if necessary, must be proposed by the applicant and designed by a certified professional in that applicable field;

(6) Phasing Plan. In lieu of requiring the completion of all public/private improvements for the entire site prior to occupancy of any structure on the site, the city may approve a phasing plan. The city may require suitable guarantees as provided in Chapter 19.90 OHMC. The public/private improvements in each phase must be designed to stand on their own as required by the city. A phasing plan can only be approved if each city department responsible for the conditions of the permit agrees on the phased development plan. In most cases, those departments are development services, public works, and fire. (Ord. 1555 § 22, 2009).

19.48.039 Timing of certain actions in site plan approval, reviewed development.

Unless specifically excepted by other ordinances, generally, the development plan approval process requires the following items be provided at the times specified in the tables below. Provided, however, nothing contained in this section shall be construed as limiting the city from issuing development permits as may be required by this code in a different sequence than required by this section, when use of the alternative contracting procedures set forth in Chapter 39.10 RCW is authorized by resolution of the city council. The sequence of development permits shall be determined by the director as necessary to meet the requirements of the project. Use of the alternative contracting procedures and alternative permit sequence does not relieve the city from the responsibility to obtain all necessary development permits.

(1) Permits to apply for before or with the site plan application:

Permit	When Permit Application Must Be Made
Limited clearing permit. (Only applicable when a SEPA application is not required.)	Before site plan application.
Grading permit.	With site plan application.
Clearing permit.	With site plan application.
SEPA checklist.	With or before site plan application.
Concurrency application.	With or before site plan application.

(2) Actions that need to be taken, fees that need to be paid and plans that need to be submitted before the building permit will issue. All items can be provided concurrent with site plan application:

Action	Actions That Need to Be Taken Before the Building Permit Will Be Issued
Impact fees for park and transportation.	Fee to be paid before building permit will issue.
System development charges for water and sewer.	Fee to be paid before building permit will issue.
Latecomer’s agreement.	Fee to be paid and agreement filed, before building permit will issue.
Engineering plans and reports.	Approved before building permit will issue.
Landscape plan.	Approved before building permit will issue.
Installation of streets.	Before building permit will issue or when bonded for as provided in Chapter 19.90 OHMC.
Installation of public water utility improvements.	Before building permit will issue or when bonded for as provided in Chapter 19.90 OHMC.
Installation of public sewer improvements.	Before building permit will issue or when bonded for as provided in Chapter 19.90 OHMC.
Installation of surface water management facilities.	Before building permit will issue or when bonded for as provided in OHMC 12.30.565.

(3) Connections and installations to be made before an occupancy permit will be issued or the use will be approved:

Connections and Installations	Timing
Installation of private sewer improvements (as defined in OHMC 14.03.060) outside of building.	Before occupancy permit will issue or use is approved.
Connection to an approved water supply.	Before occupancy permit will issue or use is approved.
Connection to the sewer system.	Before occupancy permit will issue or use is approved.
Installation of landscaping and sprinkler system.	Before occupancy permit will issue or use is approved or when bonded for as provided in OHMC 19.46.130.

(Ord. 1784 § 73, 2016; Ord. 1720 § 1, 2015; Ord. 1555 § 22, 2009).

19.48.040 Basis for determining the review process.

(1) Unless otherwise directed, the approval of a site plan is a Type II review process.

(2) The site plan approval shall be a Type I review process for projects with a total building square footage less than or equal to 4,000 square feet.

(3) The site plan approval shall be a Type IV review process when one of the following conditions applies:

(a) The director determines that based on departmental comments or public input there are significant unresolved concerns that are raised by the proposal; or

(b) The applicant has requested a public hearing; or

(i) One hundred semi-attached or attached residential units;

(ii) One hundred fifty thousand square feet of gross floor area for industrial uses;

(iii) Thirty-five thousand square feet of gross floor area for commercial offices or similar uses;

(iv) Four stories or 45 feet in height;

(v) Ten acres in size. (Ord. 1555 § 22, 2009).

19.48.050 Decision criteria for site plan review.

The reviewing authority shall review and act upon site plans based upon comprehensive planning considerations and the following criteria in this section. These criteria are objectives of good site plans to be aimed for in development within the city of Oak Harbor. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation. The site plan review criteria include the following:

(1) Consistency as determined under Chapter 18.20 OHMC;

(2) Mitigation of impacts to surrounding properties and uses;

(3) Mitigation of environmental impacts of the proposed site plan to the site;

(4) Conservation of area-wide property values;

(5) Safety and efficiency of vehicle and pedestrian circulation;

(6) Provision of adequate light and air;

(7) Mitigation of noise, odors and other harmful or unhealthy conditions;

(8) Availability of public services and facilities to accommodate the proposed use;

(9) Prevention of neighborhood deterioration and blight;

(10) Incorporation of stormwater management. (Ord. 1784 § 74, 2016; Ord. 1555 § 22, 2009).

19.48.052 Supplemental issues in considering review of impacts to surrounding properties and use.

The following issues shall be considered in determining impacts on surrounding properties and uses:

(1) Mitigation of undesirable impacts of proposed structures and site layouts that could impair the use of surrounding uses and structures and of the community;

(2) Provision of desirable transition and linkage between uses and to the street, utility, walkway, and trail systems in the surrounding area by the arrangement of easements, landscaping, fencing and/or other buffering techniques, in order to prevent conflicts and to promote coordinated and planned benefit from, and access to, such elements;

(3) Effective location, design and screening of parking and service areas in order to promote efficient function of such facilities, to provide integrated facilities between uses when beneficial, to promote campus-like layouts in appropriate zones, and to prevent unnecessary repetition and conflict between the uses and service areas of facilities;

(4) Mitigation of the unnecessary and avoidable impacts of new construction on views from existing buildings and future development sites, recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features and of promoting campus-like settings in appropriate zones;

(5) Provision of effective screening from public streets and residential uses for all permitted outdoor storage area (except auto and truck sales), for surface-mounted utility equipment, for rooftop equipment and for all refuse and garbage containers, in order to promote a campus-like setting where appropriate and to preserve the effect and intent of screening or buffering otherwise required by the zoning code; and

(6) Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. (Ord. 1555 § 22, 2009).

19.48.054 Supplemental issues in considering mitigation of impacts to the site.

The following issues shall be considered in determining impacts of development to the site:

(1) Building placement and spacing to provide for privacy and noise reduction; orientation to views and vistas and to site amenities, to sunlight and prevailing winds, and to pedestrian and vehicle needs;

(2) Preservation of the desirable natural landscape through retention of existing vegetation and limited soil removal, insofar as the natural characteristics will enhance the proposed development; and

(3) Design and protection of planting areas so that they are not susceptible to damage from vehicles or pedestrian movements. (Ord. 1555 § 22, 2009).

19.48.056 Supplemental issues in considering mitigation of traffic impacts.

The following issues shall be considered in determining safety and efficiency of vehicular and pedestrian circulation:

(1) Provision of adequate and safe vehicular access to and from all properties;

(2) Arrangement of the circulation pattern so that all ingress and egress movements may occur at as few points as possible along the public street, the points being capable of channelization for turning movements;

(3) Consolidation of access points with adjacent properties, when feasible;

(4) Promotion of the safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, maneuvering areas, walkways, bikeways, and emergency access ways; and

(5) Separation of loading and delivery areas from parking and pedestrian areas. (Ord. 1555 § 22, 2009).

19.48.058 Supplemental issues in considering mitigation of impacts from signage and surrounding property.

The following issues shall be considered in determining impacts of development from signage on surrounding property and public spaces:

(1) Employment of signs primarily for the purpose of identification;

(2) Management of sign elements, such as size, location and arrangement, so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain; and

(3) Moderation of surface brightness or lighting intensity except for that necessary for sign visibility. (Ord. 1555 § 22, 2009).

19.48.060 Commercial and industrial design guidelines.

The commercial and industrial design guidelines, referred to as “design guidelines,” a copy of which is filed with the Oak Harbor city clerk, are hereby adopted as the design guidelines for the commercial and industrial zones of Oak Harbor and shall be applied as follows:

(1) All of the design guidelines apply to new construction.

(2) To the extent reasonably practicable, the design guidelines shall apply to all exterior remodels with a value in excess of 60 percent of the building valuation and which also have a total value in excess of $100,000 (“major exterior remodels”).

(3) For exterior remodels with a value less than 60 percent of the building valuation of which have a total value less than $100,000 (“minor exterior remodels”), it is only required that the proposed improvements meet the design guidelines and do not lead to further nonconformance with the design guidelines. For example, if a property owner decides to replace a window, then the window shall meet the guideline standards, but new pedestrian coverings are not required.

(4) The design guidelines do not apply to remodels that do not change the exterior appearance of the building. However, if a project involves both exterior and interior improvements, then the project valuation shall include both exterior and interior improvements.

(5) The design guidelines are intended to supplement the design standards in the city of Oak Harbor’s zoning ordinance. Some of the design guidelines state that the city may relax or modify zoning ordinance standards if the design guidelines are met. Other guidelines include provisions, requirements, or considerations that are in addition to the zoning ordinance standards. Where the design guidelines and zoning ordinance standards conflict and there is no provision in the design guidelines, the most restrictive shall apply. (Ord. 1555 § 22, 2009).

19.48.070 Site plan review procedures.

(1) Fees shall be as set out in Chapter 3.64 OHMC.

(2) Application forms shall, along with Chapter 18.20 OHMC requirements, include such other items which will allow resolving issues raised by the criteria of this chapter.

(3) Circulation and Review of Application. Upon receipt of a completed application, the director shall route the application for review and comments to various city departments and other jurisdictions or agencies with an interest in the application. This routing should be combined with circulation of environmental information.

(4) Comments from the reviewing departments shall be made in writing. Unless a proposed site plan is subsequently modified, the recommendations of the reviewing departments shall constitute the final comments of the respective departments with regard to the proposed site plan. Lack of comment from a department shall be considered a recommendation for approval of the proposed site plan. However, all departments reserve the right to make later comments of a code compliance nature during building permit review. This includes such requirements as exact dimensions, specifications or any other requirement specifically detailed in the city code.

(5) Revisions or Modifications to Site Plan Application. Whenever a revised site plan or new information is received from an applicant, the development services department may recirculate the application to concerned departments. Consulted departments shall respond in writing within 10 days with any additional comments. In general, the city’s environmental determination of significance or nonsignificance will not be issued until after final departmental comments on the site plan or revised site plan are received.

(6) Director to Determine Necessity for Public Hearings. Upon receipt of final departmental comments and after the close of the public comment period, the director shall determine the necessity for a public hearing on the site plan. (Ord. 1555 § 22, 2009).

19.48.080 Authority for conditions or plan modifications.

(1) The reviewing authority shall have the power to place reasonable conditions on or modify a site plan in order to satisfy the general purposes of this section and to achieve consistency with the review criteria. Such conditions or modifications may include, but are not limited to, screening, buffering, building location, and orientation, paving, landscaping, vegetation removal, grading and contouring. The reviewing authority shall also have the power to fix the location and configuration of driveways, walkways, parking and loading areas, emergency access, curbs, planting areas and signs. When only a portion of a site is proposed for development, such power to condition, modify or fix shall be exercised only for that area which is directly related to or may be impacted by the actual proposed development.

(2) To the extent necessary to meet the site review criteria and to the extent necessary to compensate for the impacts attributable to the proposed development, the reviewing authority may impose additional requirements, including:

(a) Modification of Plan Subsequent to Public Hearing and Prior to Decision. In all cases, if an applicant can demonstrate that a site plan can be made consistent with the review criteria and general purposes by alternative modifications to the site plan, the reviewing authority shall accept the alternative modifications proposed by the applicant.

(b) Denial of Site Plan. If the reviewing authority finds that the site plan application cannot be made consistent with the general purposes and review criteria of this chapter by requiring reasonable conditions, then the site plan shall be denied.

(3) Limitations on Authority. The authority to condition or deny site plan applications should be exercised to the minimum extent necessary to protect the public interest and welfare as expressed in the purposes of this chapter. (Ord. 1555 § 22, 2009).

19.48.090 Minor modifications to an approved site plan.

Minor modifications may be permitted by the director. To be considered a minor modification, the amendment must not:

(1) Involve more than a 10 percent increase in area or scale of the development in the approved site plan; or

(2) Have a significantly greater impact on the environment and facilities than the approved plan; or

(3) Change the boundaries of the originally approved plan. (Ord. 1555 § 22, 2009).

19.48.100 Major modifications to an approved site plan.

Major modifications to an approved site plan require a new application. The review and approval shall rest with the approval body which approved the original site plan. Major modifications involve a substantial change in the basic site design plan, intensity, density, use and the like generally involving more than a 10 percent change in area or scale. (Ord. 1555 § 22, 2009).

19.48.110 Timing of development permits.

Development permits may be processed simultaneously with the site plan review. Development permits shall not be issued until the appeal period for an approved site plan has expired. Provided, however, nothing contained in this section shall be construed as limiting the city from issuing development permits as may be required by this code in a different sequence than required by this section, when use of the alternative contracting procedures set forth in Chapter 39.10 RCW is authorized by resolution of the city council. The sequence of development permits shall be determined by the director as necessary to meet the requirements of the project. Use of the alternative contracting procedures and alternative permit sequence does not relieve the city from the responsibility to obtain all necessary development permits. (Ord. 1720 § 2, 2015; Ord. 1555 § 22, 2009).

19.48.120 Expiration and extension of site plan approval.

The final approval of a site plan shall expire within two years of the date of approval. A single two-year extension may be granted for good cause by the approval body which approved the original site plan. Extensions are a Type II review process. (Ord. 1555 § 22, 2009).

19.48.130 Exception to time limit for phased projects.

(1) Phasing Permitted. For development proposed on only a portion of a particular site, an applicant may choose to submit a site plan application for either the entire site or a portion of the site. In the latter case, the application shall state clearly the area of the site and the proposed development, including phases, for which site plan approval is being requested. In every case, the site plan application and review shall cover at least that portion of the site which is directly related to or may be impacted by the actual proposed development, as determined by the director.

(2) Authority for Extension of Time. The director may grant site plan approval for large projects planned to be developed or redeveloped in phases over a period of years, exceeding the normal time limits of this chapter. Such approval shall include clearly defined phases and specific time limits for each phase.

(3) Expiration of Phase(s). If the time limits of a particular phase are not satisfied then site plan approval for that phase and subsequent phases shall expire. The director shall also determine if such a phased project will be eligible for any extensions of the time limits.

(4) Vested for the Purposes of Zoning. As long as the development of a phased project conforms to the approved phasing plan, the zoning regulations in effect at the time of the original approval shall continue to apply. However, all construction shall conform to the building code, fire code and public utility regulations in or adopted under OHMC Titles 12, 13, 14 and 15 or otherwise required by state law, in force at the time of building permit application. (Ord. 1555 § 22, 2009).

19.48.180 Revocation of site plan and design review approval.

(1) Revocation or Modification Allowed. Approval of a site plan and design review application may be revoked or modified by the planning commission after a public hearing on any one or more of the following grounds:

(a) That the approval was obtained by fraud or misrepresentation of facts;

(b) That the development or use pursuant to the approved site plan and design review is being or has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

(c) That the development or use for the site plan and design review for which the approval was granted is being or has been so exercised as to be detrimental to the public health, safety or welfare.

(2) Upon determination by the director or his designee that possible grounds for revocation of the site plan and design review approval exist, the matter shall be placed on the planning commission agenda. After the public hearing, the planning commission shall:

(a) Revoke the site plan and design review approval;

(b) Affirm the approval of the site plan and design review as previously granted; or

(c) Modify previously imposed conditions or require additional conditions including periodic review to ensure development or use is in conformance with the site plan and design review, and requirements of the Oak Harbor Municipal Code. (Ord. 1555 § 22, 2009).

19.48.190 Compliance required.

No person shall violate or fail to comply with the provisions of this chapter or any adopted site plan and design review approval or any conditions or provisions thereof, nor shall a building permit be issued for any structure which would violate or fail to comply with any adopted site plan and design review approval for the parcel or parcels on which such structure is to be located. (Ord. 1555 § 22, 2009).

19.48.200 Penalty for noncompliance.

Anyone found in violation of this chapter shall be guilty of a Class 1 infraction as defined in Chapter 1.28 OHMC. Each day the violation continues may be considered as a separate violation. (Ord. 1717 § 40, 2015; Ord. 1555 § 22, 2009).