(A) Review requirement. Any new commercial establishment or any addition to an existing commercial establishment that increases the establishment’s total gross floor area by 25% or more shall be reviewed for compliance with this chapter prior to the issuance of a zoning compliance permit by the Planning Commission.
(B) Administrative review.
(1) Administrative review allowed. Administrative review is allowed for any design review application that appears to comply with all adopted standards set forth in this chapter.
(2) Administrative Review Committee. An Administrative Review Committee is hereby established to conduct administrative review of design review applications and take final action on such applications. The Committee shall consist of the following representatives:
(a) Planning Commission Director or his or her authorized representative;
(b) Development Review Board Chairman or his or her authorized representative; and
(c) Appropriate legislative body representative (Mayor or Judge/Executive or his or her representative).
(3) Administrative review application. A design review application for administrative review may be submitted to the Planning Commission at any time. An application for administrative review must be complete and include all required plans, specifications, submittals, and documentation. The Administrative Review Committee will not consider an incomplete application.
(4) Administrative review process.
(a) Within 14 days of application submission, the Administrative Review Committee will review the application for compliance with all adopted standards. The Administrative Review Committee may defer any application to the Development Review Board and legislative body for full review and final action at their next regular scheduled meetings.
(b) If the Administrative Review Committee determines that the application does not comply with all adopted standards, then the Administrative Review Committee shall provide technical assistance and make recommendations to the applicant on compliance alternatives. If an applicant is unwilling to make changes to the submitted application as recommended by the Administrative Review Committee or disagrees with the Administrative Review Committee’s interpretation of the standards, then the application will be forwarded to the Development Review Board and appropriate legislative body for full review and final action at their next regular scheduled meetings.
(5) Administrative review appeal. If an application is denied by the Administrative Review Committee., the applicant may appeal the decision to the Development Review Board and appropriate legislative body for full review and final action at their next regular scheduled meetings.
(C) Development Review Board and legislative body review.
(1) Development Review Board Review. The Development Review Board shall hold at least one meeting to make a recommendation on whether the proposed establishment or expansion complies with the provisions of this chapter. Within ten days of its recommendation, the Development Review Board shall transmit its recommendation to the appropriate legislative body for final consideration.
(2) Legislative body consideration and final action. The appropriate legislative body shall take final action upon the Development Review Board recommendation within 60 days from the transmission date of Development Review Board recommendation. In the event final action is not taken by the appropriate legislative body within 60 days, the Development Review Board’s recommendation shall be deemed adopted as a matter of law. Upon final consideration by the appropriate legislative body and submission of all necessary documentation, building permits may be issued for said development.
(Ord.795, passed 1-27-04; Am. Ord. B2016-07, passed 7-12-16)