1. General:
B. Not all common review procedures apply to every development application type. Section 11-05-05, Specific Procedures identifies how these common review procedures are applied to specific development application types and identifies additional procedures and requirements beyond the general review procedures.
C. If an application under this Code is proposed to be developed as a condominium under Idaho law, the proposed or approved condominium documents required by Idaho law shall be submitted to the City along with other required application materials. This requirement applies to all condominium developments, regardless of whether they involve the division of airspace or the division of surface land into separate areas for individual or shared occupancy, ownership, or development. The City may review the submitted condominium documents in connection with applications for the related development under this Code to evaluate their consistency with the adopted Comprehensive Plan or this Code.
2. Four Paths for Review and Approval: The City uses four different types of procedures for reviewing and making decisions on applications under this Code.
A. Type 1 - Ministerial Decisions:
(1) Purpose: The purpose of Type 1 procedures is to process simple applications where planning requirements may be reviewed at the time a Building Permit or other ministerial approval is issued.
(2) General Procedure: Unless modified by another provision of this Code, Type 1 applications are reviewed and decisions made by the Planning Director or a City Official, as described in more detail in Section 11-05-05.1.
B. Type 2 - Planning Director Decisions:
(1) Purpose: The purpose of Type 2 procedures is to process applications for allowed uses, with or without Use-Specific Standards (or Use-Specific Form Standards), and other types of applications where some interdepartmental or interagency collaboration is required, but no review by an appointed body is necessary.
(2) General Procedure: Unless modified by another provision of this Code, Type 2 applications are reviewed and decisions made by the Planning Director or a City Official after Interdepartmental Review, as described in more detail in Section 11-05-05.2.
C. Type 3 - Appointed Body Decisions:
(1) Purpose: The purpose of Type 3 procedures is to process applications for conditional uses, allowed uses with alternative forms, and other complex applications that require interpretation and the exercise of discretion in making a decision by an appointed body.
(2) General Procedure: Unless modified by another provision of this Code, Type 3 applications are reviewed and decisions made by an appointed City Official or Commission and require public notice and hearing as described in more detail in Section 11-05-05.3
D. Type 4 - City Council Decisions:
(1) Purpose: The purpose of Type 4 procedures is to process the most complex development applications, changes to the procedures or standards in this Code or the zoning map, and legislative actions that require public notice and hearing, recommendation by an appointed body and action by City Council.
(2) General Procedure: Unless modified by another provision of this Code, Type 4 applications are reviewed and decisions made by City Council, as shown in more detail in Section 11-05-05.4.
3. Pre-Submittal Activities: Pre-submittal activities include the Concept Review, Neighborhood Meeting, and Interdepartmental Review, if any, required for each type of application as shown in Table 11-05.1: Summary of Review and Decision-Making Procedures.
A. Concept Review:
(1) Purpose: The purpose of a Concept Review is to discuss the concept of the proposed development with Planning and Development Services staff on an informal basis to identify the potential alignment of the project with this Code and the Comprehensive Plan, as applicable.
(2) Applicability: This procedure applies to all Type 2, 3, and 4 applications under this Code.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall request a Concept Review by request to the Planning Director or through the City's website.
(b) The applicant shall bring to the Concept Review all information listed as required on the City's website.
(c) At the time of Concept Review, the Planning Director may require an Interdepartmental Review for any Type 2 application if the Planning Director determines the project as proposed will present concerns related to safety and connectivity, solid waste collection, life safety service, or any other service or facility provided or maintained by the City.
(4) Effect: Any information or discussions held at the Concept Review meeting shall not be binding on the City or the applicant. Discussions of potential conditions or commitments to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition or commitment to an approval.
(5) Noticing: No public notice of a Concept Review meeting is required.
B. Neighborhood Meeting:
(1) Purpose: A Neighborhood Meeting is intended to allow residents, property owners, businesses, and organizations in the area surrounding a proposed development an early opportunity to learn about the project details and to provide feedback to the applicant before significant resources have been expended on project design and engineering.
(2) Applicability: A Neighborhood Meeting shall be required as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, that includes most Type 3 and Type 4 applications. The Planning Director may waive this step for projects that the Planning Director determines have little potential to create significant material impacts on the surrounding neighborhood.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall hold a meeting allowing the public to review the proposed project only after any required Concept Review meeting with the City has been held.
(b) A Neighborhood Meeting shall be held no more than four months prior to submission of the request for Interdepartmental Review, in a finished, climate-controlled structure near the project site in a venue that is accessible to persons experiencing mobility impairments (e.g., those using wheelchairs or walkers) and vision impairments, Monday through Thursday, excluding holidays, and shall start between 6:00 p.m. and 8:00 p.m. Hybrid meetings that include both in-person and virtual attendance options may be allowed.
(c) The mailed invitation to the Neighborhood Meeting shall include the specifics of the planned meeting in addition to the description of the project, general site plan of the proposed development, and the contact information of the applicant including email and telephone number.
(d) A second Neighborhood Meeting may be required by the Planning Director because of the size and complexity of the project, the potential to create significant impacts, or if the application has substantially changed since the initial Neighborhood Meeting.
(e) The Planning Director may, but is not required to, assign a City staff member to attend the Neighborhood Meeting, based on the Planning Director's determination of the size, complexity, and potential impacts of the development on the surrounding neighborhood.
(f) The applicant shall bring to the Neighborhood Meeting a general site plan for the proposed development, that does not need to include precise dimensions, but that shall indicate the height and general location of primary and accessory structures on the property, proposed vehicle parking and service areas, and proposed points of pedestrian, bicycle, and vehicular access to the property. The applicant is not required to provide any level of engineering detail for the site or architectural elevations of proposed primary or accessory structures.
(g) After the Neighborhood Meeting, the applicant shall complete and submit to the City a detailed summary of the Neighborhood Meeting presentation and discussion, using a template available on the City's website.
(4) Effect: The City will not schedule an Interdepartmental Review pursuant to Section 11-05-04.3.C until the detailed summary of the Neighborhood Meeting has been received.
(5) Noticing: Notice shall be mailed following the standard notification procedures for mailed noticed in Section 11-05-04.5A(2), Scheduling and Notice of Public Hearing, as well as residents of the project site known to the owner, at least 10 days prior to the scheduled Neighborhood Meeting. Hand deliveries shall not be used as a substitute for mailed notice. Notice does not convey a property right.
C. Interdepartmental Review:
(1) Purpose: The purpose of an Interdepartmental Review is to allow staff from the Planning and Development Services Department, other City departments and agencies, and other public and quasi-public groups an opportunity to review draft application materials and neighborhood feedback received through the Neighborhood Meeting (if required) to identify potential issues related to their respective services before the applicant has prepared required application materials at a 100 percent level of detail. The review also enables reviewing departments, agencies, and groups the ability to specify the detailed information required to address the issues of their concern necessary for the application to be completed.
(2) Applicability: An Interdepartmental Review is required as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures. The Planning Director may waive this step for projects that the Planning Director determines do not have potential material impacts on the services or facilities of other City departments or agencies or other public or quasi-public agencies. The Planning Director may require an Interdepartmental Review for any Type 2 application if the Planning Director determines that the application may create significant impacts on surrounding areas.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall request an Interdepartmental Review by a written request to the Planning Director. The Planning Director shall determine which departments and agencies' facilities and services are potentially affected by the proposed application and shall schedule the meeting in consultation with those departments and agencies.
(b) The applicant shall bring to the review all draft application materials with at least 50 percent of the detailed information required for a complete application, as determined by the Planning Director.
(c) The representatives of departments and agencies included in the meeting may make recommendations to the applicant as to changes to the application materials or the design of the project needed to comply with their respective standards or requirements or the additional necessary for them to complete their review when a full application is submitted.
(d) The Planning Director shall document any recommendations made at the Interdepartmental Review and that document may, at the Planning Director's discretion, be included with the full application materials for referral and consideration by the review and decision-making bodies if and when a full and complete application is submitted to the City.
(4) Effect: Following any required Interdepartmental Review, the applicant may proceed to file a complete application for the proposed project pursuant to Section 11-05-04.4, Application Submittal and Processing, below.
(5) Noticing: No public notice of an Interdepartmental Review meeting is required.
4. Application Submittal and Processing:
A. Application Submittal and Fees:
(1) Application Requirements:
(a) Applications shall be submitted on prescribed forms available on the City's website and shall be accompanied by all required supporting documents, as shown on the City's website.
(b) Additional submittal requirements necessary to evaluate the application may be required, as determined by the Planning Director, based on the size, complexity, or potential impacts of the project on the surrounding neighborhood or the City's transportation system, utility, or other public services or systems.
(c) The Planning Director may waive application submittal requirements if the Planning Director determines that those materials or level of detail are not required to evaluate potential impacts of the proposed development or compliance with the requirements of this Code.
(2) Application Fees: The Planning Director shall maintain a list of fees as established by the City Council and shown on the City's website, and the applicant shall pay all required application fees to the City in full before an application will be reviewed by the Planning Director or scheduled for a public hearing. No portion of required application fees shall be refunded if an application is abandoned, withdrawn, or denied following.
(3) Application Resubmittal: Except as indicated in Section 11-05-05, Specific Procedures, no application that has been denied shall be resubmitted in substantially the same form, as determined by the Planning Director, in less than one year unless the reviewing body issuing the denial allowed for a resubmittal within that time.
B. Application Processing:
(1) Incomplete Application:
(a) The Planning Director shall notify the applicant of any deficiencies in the application. No application will be verified as complete until the applicant has corrected the deficiencies and resubmitted the application for a determination of completeness.
(b) If the applicant fails to resubmit an application with any additional or corrected materials necessary to make the application complete within 90 calendar days after being notified of submittal deficiencies, the application shall be considered abandoned and no further steps to review the application will be taken by the City.
(c) No application shall be reviewed for compliance with this Code or scheduled for a public hearing by any review or decision-making body until it is determined to be complete.
(2) Complete Application: Upon receiving an application, the Planning Director shall determine whether the application is complete. A complete application is one that:
(a) Contains all information and materials required by Subsection A. above;
(b) Is in the form required by the City's website for submittal of that type of application; and
(c) Is accompanied by the fee established for the type of application being submitted upon determining that an application is complete, the Planning Director shall accept the application for review in accordance with the procedures and standards of this Code.
(3) Withdrawal of Application: An application shall be deemed withdrawn and the review terminated if:
(a) The applicant requests that the application be withdrawn; or
(b) The applicant fails to respond or submit revised plans, reports, or correspondence to the Planning Director for more than 90 days following a request from the Planning Director. The Planning Director may extend the response period for good cause shown by the applicant.
(4) Application Referrals: Applications requiring public hearings shall be referred to all interested or affected city departments, Registered Neighborhood Associations in good standing, and all political subdivisions providing services to the site, as determined by the Planning Director, for review and comment. Application referrals to the Registered Neighborhood Association shall be in addition to, and not in lieu of, mailed public hearing notice.
C. Concurrent Permit Processing: When a proposed development or activity requires more than one permit or approval under this Code, the applicant may request, or the Planning Director may require that all of the applications shall be reviewed and a decision on the related decisions be made by the highest level review body authorized to make a decision on any of the required applications. In that case:
(1) A project or activity that requires both a Type 1 and Type 2 approval shall be processed as a Type 2 approval.
(2) A project or activity that requires a Type 1 and/or Type 2 approval as well as a Type 3 approval shall be decided by the Type 3 review body (HPC, DRC, or PZC).
(3) A project or activity that requires a Type 1, Type 2 and/or Type 3 approval as well as a Type 4 approval shall be decided by the Type 4 review body (City Council).
D. Mediation:
(1) Applicability: When a difference arises between or among persons affected by a proposed development that will require an approval by an appointed body or City Council under this Code, the City Council, the PZC, the applicant, or any person affected by the proposed development may request mediation pursuant to Section 67-6510 of the Idaho Code.
(2) Timing of Mediation Request: Mediation may occur at any point during the decision-making process or after a final decision has been made. If a mediated resolution is agreed to by the participating parties after a final decision has been made, the revisions resulting from such resolution shall be the subject of a new public hearing before the decision-making body that made the initial decision.
(3) Written Request Required: Mediation may be requested by submission of a written request to the Planning Director. An affected person is one having an interest in real property or residing in or doing business in real property that may be adversely affected by the issuance or denial of a permit or approval. The request shall include a statement of concerns and issues and the desired outcome of the mediation.
(4) Notification of Willingness to Participate: The Planning Director shall forward the request to the applicant or affected persons on the other side of the issue, as determined by the Planning Director. The notice shall state that these parties have seven days to notify the City as to whether or not they will participate in mediation.
(5) Tolling of Time Limits: Upon notice of a request for mediation all time limits related to hearings and appeals are tolled until:
(a) All parties on one side of an issue decline further participation in the mediation process; or
(b) No mediation session is scheduled for a period of 28 days from the date the request for mediation is received.
(6) Participation: The parties shall participate in at least one mediation session if requested by the PZC or Council. If the applicant or affected person declines to participate in mediation and the City Council declines to direct mediation, the mediation process and the tolling of time limits are ended.
(7) Expenses of Mediation: The City Council shall select and pay the expenses of the Mediator for the first session. Any additional sessions shall be paid for by participating parties.
(8) Mediation Not Part of the Application Record: The mediation process shall not be part of the official application or project record and shall not be disclosed or used in any subsequent City hearings on the application or appeal of a decision on such application.
5. Scheduling and Notice of Public Hearing:
A. Notice:
(1) Published Notice: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that published notice is required, notice of the time and place and a description of the proposal shall be published in the official newspaper of Boise City at least 15 days prior to any required public hearing. Based on the size, complexity, or potential impacts of a proposed application, the Planning Director may require that notice shall be provided to other newspapers, radio, City website, social media and television stations servicing the city for use as a public service announcement.
(2) Mailed Notice: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that mailed notice is required, notice shall be mailed to the applicant and to property owners, tenant addresses known to the City, and Registered Neighborhood Associations whose boundaries include the subject property, at least 15 days prior to any required public hearing:
(a) Within the subject property;
(b) Within 300 feet from the external boundaries of the subject property, unless otherwise noted below:
i. For River System Permits, 500 feet upstream and 1,000 feet downstream from the project site;
ii. For Comprehensive Plan Amendments, Zoning Map Amendments, Subdivision Plats five acres or greater, and Conditional Use Permits or development in a PUD zoning district involving properties larger than one acre or on a gateway street, 500 feet;
iii. For Certificates of Appropriateness and Reclassifications of Historic Resources, to adjacent property owners and residents (including tenants); and
iv. For Variances, to adjacent properties , except that a Variance to increase maximum building height by over 100 feet shall require notice to a distance from the property equal to three times the height of the proposed structure.
(c) The Planning Director may require that mailed notice also be sent to additional area(s) if the public interest would be better served by expanding the notification area.
(3) Posted Notice:
(a) General:
i. Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that posted notice is required, and when an appeal of a decision is filed, sign(s) regarding the application shall be posted in a conspicuous place on the premises at least 15 days prior to any required public hearing. The applicant shall be responsible for the timely posting of all sites and for the documentation of such postings.
ii. The Planning Director may require larger sized sign(s) or additional sign(s) if the Planning Director determines that the public interest would be better served by expanding the size or number of required signs.
(b) Placement and Quantity:
i. The notice(s) shall be posted along each street frontage, excluding Interstate 84, adjacent to the subject property boundaries, and shall be oriented perpendicularly to the lot line/property line.
ii. The base of the notice shall be at least three feet above the ground.
iii. If the property has street frontage of 1,000 feet or more, a notice shall be placed at each end of that street frontage.
iv. If the notice(s) cannot be placed on the property and still be clearly visible, the notice(s) may be placed within the public right-of-way with the written consent of the owner of the right-of-way.
(c) Proof of Posting: 10 days prior to the public hearing, the applicant shall submit to the City a notarized statement and photograph of the posting stating where and when the notice(s) were posted. If the required statement is not received by that date, the hearing will be deferred.
(d) Removal: The posted notice(s) shall be removed no later than three days after the public hearing for which the notice(s) was posted.
(4) Alternate Forms of Notice:
(a) When mailed notice is required for 200 or more property owners or tenant addresses known to the City, an alternative form of notice may be provided as follows:
i. In lieu of mailed notices, two additional newspaper notices as described in Subsection (1), above; and
ii. The general area that is the subject of the application may be posted with notice in lieu of posting a separate notice on each lot or parcel included in the application.
(b) If the Planning Director determines that it is in the public interest to do so, due to the size, complexity, or potential impacts of specific applications or types of applications under this Code, the City may send, or cause to be sent, electronic notices to those property owners or tenant addresses known to the City in the area surrounding the site that is the subject of the application.
(5) Notice of Continued Hearing: At any public hearing, the review body may order the hearing to be continued by publicly announcing the time and place of continuance. No further notice shall be required.
(6) Adequacy of Notice:
(a) The City Clerk's and Planning Director's proof of publication, mailing, and posting shall constitute proof of notice.
(b) If the applicant provides evidence that the required notices were timely provided, then the failure of an intended person or organization to receive actual notice due to changes of address since the latest update to the City real estate records, or due to changes of e-mail addresses since those were last provided to the City, or due to s in postal delivery or newspaper publishing, or for other reasons beyond the control of applicant or City, shall not be grounds for a delay of application review or public hearings, and shall not be grounds for appeal of the resulting decision.
B. Public Hearing Procedure and Conduct:
(1) Types of Public Hearings:
(a) Legislative: Legislative hearings include hearings on amendments to, or enactments of, any ordinance. They also include revisions or amendments to the Comprehensive Plan, to the text of this Code or Zoning Map, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.
(b) Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the development of a specific property.
(2) Timing of Public Hearings:
(a) The date for hearings before any appointed body shall be established by the Planning Director based upon hearing dates as follows:
i. The application shall be scheduled at the next available hearing.
ii. The Planning Director may extend the review time for applications based on their size, complexity, or potential impacts of the project on the surrounding neighborhood, or the City's transportation system or utility systems.
iii. Deferrals due to lack of quorum, lateness of the hour, or a request by the applicant shall extend any required time during which the hearing shall be held, pursuant to Section 11-05-04.5.B(3)(c) Review Body Deferral Procedure, below.
(b) Council hearing dates shall be established at a Council meeting.
(3) Conduct of Public Hearings Before Review Bodies: The following provisions govern the conduct of public hearings before the Hearing Examiner, the Planning and Zoning Commission (PZC), the Design Review Commission (DRC), and the Historic Preservation Commission (HPC), unless another provision of this Code states an exception to these provisions.
(a) Requirements:
i. Sign-In Roster: A sign-in roster shall be kept at the entrance to the hearing room for all persons who wish to testify at the hearing on a particular application or issue.
ii. Allotted Time for Testimony: In order to accommodate all participants, the Chair may determine the time allotted to each speaker within the following parameters:
A. The applicant and staff shall be provided up to 30 minutes for a presentation.
B. Any Registered Neighborhood Associations that are located within the notification radius shall be provided a minimum of 10 minutes for their presentation or testimony. Only the representative of the Registered Neighborhood Association who has been authorized by the association's established procedures to represent the association in the matter before the review body shall be allowed the amount of time identified above. Any other member of such association shall be limited to three minutes.
C. The general public shall be provided three minutes for their presentation or testimony.
iii. Submission of Written Documents and Evidence to a Review Body:
A. Every document referred to by any person during testimony (including charts, maps, photographic evidence, or any other physical evidence) shall be identified and entered into the record of the proceeding. Such exhibits shall be incorporated into the public record in the Planning and Development Services Department. In most cases, a decision will be made at the end of the hearing; therefore, it is strongly encouraged that documents be given to the Planning and Development Services Staff as early as possible before the hearing so that all evidence will be adequately reviewed by staff and the review body.
B. A review body cannot review written documents handed to them during the hearing while listening to verbal testimony. Further, the submission of such documents does not allow other parties time to address the material. Therefore, the submission of written information to a review body may be accepted to the extent that it is a copy of the testifying party's oral testimony presented to the review body. All other written testimony and documents shall be submitted to the Planning Director by 5:00 pm. on the Thursday preceding the review body hearing in order to be included in the record presented to the review body.
iv. Recording: All proceedings shall be recorded and all material presented shall be maintained by the City. The record shall be made and maintained in a manner such that the hearing record may be transcribed.
v. Disclosure and Inquiry: Review body members shall disclose any comments received or observations they have made, or discussions they have had regarding the application prior to and outside of the public hearing proceedings. Disclosure shall be on the record prior to the time for testimony to allow parties of record to address them. Disclosure shall include from whom the comments were received, with whom the person making the comments is affiliated and the nature of the comments, as well as any related documents.
(b) Review Body Consent Agenda:
i. Criteria for Consent Agenda: Routine, uncontested applications may be placed on a consent agenda in accordance with the procedures in this Subsection (b). Based upon a recommendation from the Planning Director, the Chair shall identify all items proposed for the consent agenda at the beginning of the public hearing. Only applications that meet the following criteria shall be considered for the consent agenda:
A. There has not been any written or oral opposition to the application.
B. The Planning Director and the applicant are in agreement on the findings and conclusions and recommended conditions of approval.
C. The application complies with the Comprehensive Plan and this Code as proposed or as it will be modified by conditions of approval.
D. Members of the review body have no concerns with the application.
ii. Opposition to Consent Agenda:
A. If there is any opposition from any party or member of the public regarding an application, or if no one is present to testify, but written testimony was provided, that item shall not be placed on the consent agenda.
B. Once the consent agenda is established, the review body may approve all items on the consent agenda with one motion.
(c) Review Body Deferral Procedure:
i. Deferral Allowed: Applications that have been placed on the review body public hearing agenda may be deferred for no more than 60 days unless the applicant agrees to a longer period.
ii. Lack of Quorum or Lateness of Hour:
A. If the review body makes a specific finding at the public hearing that a limited delay is necessary due to the lack of a quorum or the lateness of the hour, then a delay can be granted to the next scheduled meeting of the review body.
B. A request for deferral may be initiated by a member of the review body, the applicant, or the Planning Director.
C. Scheduled agenda items shall only be deferred by the review body and only during the public hearing.
iii. Criteria for Deferral: Requests for deferral submitted prior to or at the start of the public hearing shall be ruled upon by the review body subject to the following standards:
A. The review body shall act on requests for deferral only after soliciting input from the applicant, the Planning Director, and the public attending the hearing.
B. If the applicant and the Planning Director are in agreement on the deferral, including the requested length of deferral, and there is no public opposition, the review body shall be deferred to a specific date whenever possible to avoid the need to repeat required public notice.
C. If a deferral is granted, any member of the public who cannot or will not return for a deferral hearing shall be provided an opportunity to testify.
iv. Deferral Process:
A. Indefinite Deferral Process: When action on an application has been deferred indefinitely at the applicant's request, the applicant shall pay an additional fee to cover the cost of re-advertising before the application is scheduled for a public hearing. Such fee shall be determined by the Planning Director.
B. Deferrals for Specific Applications: Unless the applicant agrees to a deferral, applications for Sexually Oriented Businesses, Religious Institutions, and other forms of expression and activity protected by the First Amendment or similar Idaho state law shall be decided within 45 days following the public hearing. Failure of the Commission to decide such an application within 45 days following the hearing shall result in its approval.
(d) Inclusion on Agenda: An application shall be considered as being on the agenda upon the mailing of radius notices to impacted property owners or tenant addresses known to the City. Prior to the placement of an application on the public hearing agenda, the applicant may submit a request for rescheduling to the Planning Director. The Planning Director may reschedule the hearing to an appropriate date if the applicant has requested rescheduling or if there are procedural or logistical reasons that justify rescheduling.
6. Decision:
A. Decision: The decision-making body shall approve, approve with conditions, or deny an application based upon the applicable standards and criteria in this Code. The decision shall be deemed to have been made on the date that the appointed or elected body adopts a reasoned statement or on the date that an administrative decision was mailed to the applicant. A decision is final unless appealed.
(1) Timing of Decision:
(a) Director or City Official Approval: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that the Planning Director or a City Official is authorized to make a decision, the Planning Director or official shall approve, approve with conditions, or deny the application and shall notify the applicant, in writing, of the decision and the reasons for modification or denial.
(b) Appointed Body Approval: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that an appointed body is authorized to make a decisions, the appointed body shall take action within 60 days from the date of the initial public hearing unless the applicant agrees to a deferral for a longer period of time, or unless otherwise provided in this Code. The decision of an appeal body is considered to have been made when that body has issued the written reason statement of its decision.
(c) Optional Referral of Review and Decision to PZC, DRC or HPC: If Table 11-05.1: Summary of Review and Decision-Making Procedures authorizes the Planning Director to make a decision, and the Planning Director determines that the application is unusually large or complex or raises potentially unique or serious impacts on the City or the surrounding neighborhoods, the Planning Director:
i. May refer a decision for which the PZC is the appeal body directly to the PZC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the PZC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
ii. May refer a decision for which the DRC is the appeal body directly to the DRC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the DRC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
iii. May refer a decision for which the HPC is the appeal body directly to the HPC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the HPC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
(d) Extended Review: The Planning Director may extend the review and processing period for large Zoning Map Amendment applications for rezoning to PUD. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other city departments, and coordination with the applicant.
(2) Reason Statement: The approval or denial of an application shall be in writing and accompanied by a statement that explains the applicable criteria and standards, states the relevant facts relied upon, and explains the rationale for the decision based on the applicable provisions of the Comprehensive Plan and this Code, relevant and statutory provisions, pertinent constitutional principles, and factual information contained in the record.
(3) General Decision Criteria:
(a) Decision by Planning Director, City Official, or Hearing Examiner:
i. Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that the Planning Director, City Official, or Hearing Examiner shall make the decision on an application, the Planning Director, City Official, or Hearing Examiner shall approve the application, or approve it with conditions, if it complies with the following criteria. The decision shall be based on the evidence submitted with the application, comments from referral agencies, information on file with the Planning and Development Services Department, and any required approvals from other bodies.
A. The application complies with all applicable provisions of this Code and other City regulations, as modified by any previously approved Minor Modifications, Major Modifications, or Variances;
B. The property is not subject to a pending notice of violation or legal action as a result of a violation of any federal, state, county, or city land use law or administrative rule; and
C. The property is not subject to a Development Agreement containing any provision that was required to be performed before the date of the subject application and that has not been satisfied.
(b) Decision by Appointed Body or City Council:
i. When Table 11-05.1: Summary of Review and Decision-Making Procedures or another provision of this Code indicates that an appointed body or City Council under this Code shall make the decision on an application, the appointed body or City Council shall approve the application, or approve it with conditions, if it complies with the following criteria:
A. The application complies with all applicable provisions of this Code and other adopted City regulations, as modified by any previously approved Minor Modification, Major Modification, or Variance;
B. The application is consistent with any previous development approvals related to the property including but not limited to any Conditional Use Permit;
C. The application will not create any material negative impacts on adjacent properties; or any material negative impacts have been mitigated to the maximum extent practicable and the public benefits of the application outweigh any material negative impacts that cannot be mitigated; and
D. The application will promote the efficient use of land, resources, and existing infrastructure.
E. The application will not create any material negative impacts on the provision of public services, including schools.
F. The approval is not in conflict with the policies of the Comprehensive Plan.
(4) Conditions:
(a) A decision-making body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the purposes of the Comprehensive Plan and the general purpose of this Code stated in Section 11-01-03.
(b) All conditions of approval shall be reasonably related and proportionate to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City prior to the review of an application. Such conditions may include those necessary to carry out the purpose and intent of the Comprehensive Plan and this Code.
(c) During its consideration, the decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.
(d) Any conditions that require an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall include an individualized determination and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
(e) All required improvements shall be completed before the issuance of the first Certificate of Occupancy to the maximum extent practicable, or unless another time for completion is stated as a written condition of approval. If no condition of approval allows additional time for the completion of improvements, but the Planning Director determines that completion is not reasonably practicable before the issuance of the first Certificate of Occupancy, the Planning Director may allow in writing an extension of time of up to one year following the issuance of the first Certificate of Occupancy.
(5) Effective Date of Approval:
(a) An approval under this Code documented in any form other than an ordinance shall become final upon the issuance of a written reason statement and after 10 days have elapsed from the date following the written decision, provided however, that such effective date shall be stayed by the filing of an appeal under Section 11-05-04.7.A, Appeals.
(b) Ordinances shall be effective upon publication.
(6) Notice of Type 2 Administrative Decisions: The Planning Director shall mail notice to adjacent property owners, tenant addresses known to the City, and Registered Neighborhood Associations whose boundaries include the subject property upon approval of a decision made under this Code.
(7) Notice of Public Appointed Body and City Council Decisions:
(a) The Planning Director shall mail notice to the applicant, Registered Neighborhood Associations within which the property is located, and any appellant, within three business days following a decision under this Code. The notice shall indicate:
(b) The decision, and any conditions attached to any approval;
(c) Where a reason statement for the decision can be reviewed;
(d) Whether the decision can be appealed, and if so to what body, and the deadline for filing that appeal; and
(e) That the property owner can request a taking analysis pursuant to Section 11-05-04.6.C, Regulatory Takings Analysis.
(8) Reconsiderations of Review Body Decisions:
(a) Purpose: The purpose of this Section is to minimize the number of appeals, prevent new information related to the application from being presented for the first time on appeals, and resolve disputes at the lowest possible level. The decision-making body may reconsider a decision according to the procedure below and applicable provisions of Idaho law.
(b) Applicability:
i. This Section applies to any applicant or affected person who intends to seek judicial review of a decision made under this Code. The decision is not considered final, and no application for judicial review of the decision may be filed, until reconsideration of the decision pursuant to this Section has been requested and the provisions below have been completed.
ii. The 28 day time frame for filing an application for judicial review is tolled until a written decision upon reconsideration has been made, or until 60 days after the request for reconsideration is filed, whichever occurs first. If a decision upon reconsideration is not made within 60 days after the request for reconsideration is filed, the request for reconsideration is deemed denied.
(c) Procedure:
i. A request for reconsideration shall be filed within 14 days after the decision was made and shall state specific ways in which the decision does not comply with this Code or with applicable provisions of state or federal law.
ii. The public hearing process for reconsideration shall be the same as that applied to the initial decision, except that no additional public notice shall be required.
iii. If the applicant has modified the application, the review body shall determine if the revised application shall be reconsidered or if a new application is required.
iv. Upon reconsideration, the decision may be affirmed, reversed, or modified to comply with the provisions of this Code or with applicable provisions of state and federal law.
v. A decision on a reconsideration is not appealable.
B. Period of Validity:
(1) Approvals Run with the Land: Unless otherwise stated for a specific type of permit, application, or decision under this Code, or unless otherwise stated on the permit or approval document, permits, approvals, and approvals with conditions under this Code run with the land and are not affected by changes in ownership, tenancy, or the form of ownership or tenancy of the property. Subsequent owners and tenants of the property have the same rights and obligations with respect to the permit, approval, or decision as the initial applicant.
(2) Period of Validity: Unless otherwise indicated in Section 11-05-05, Specific Procedures, the term of an approval shall be as shown in Table 11-05.2 below, unless the property owner or permit holder has taken action to initiate construction of the improvements (including the installation of utilities), initiate the allowed use or activity, modify the property, or take other actions to use the authority granted in that permit or development approval within the period of validity.
TABLE 11-05.2: PERMIT AND APPROVAL VALIDITY | |
TYPE OF APPROVAL | PERIOD OF VALIDITY |
TABLE 11-05.2: PERMIT AND APPROVAL VALIDITY | |
TYPE OF APPROVAL | PERIOD OF VALIDITY |
Type 1 Ministerial Review | |
Hillside Development Permit - Category 2 | Three years form the date of approval |
Sign Permit for On-Premise Sign | One year from the date of approval |
Temporary Sign Permit | As stated in the Temporary Sign Permit |
Temporary Use Permit | As stated in the Temporary Use Permit |
Zoning Compliance Review | Two years from the date of approval |
Type 2 Administrative Decision | |
Allowed Use with Allowed Form | Two years from the date of approval |
Alternative Sign Plan | Two years from the date of approval |
Certificate of Appropriateness - Minor | Two years from the date of approval |
Conditional Use - Minor Expansion | Two years from the date of approval |
Design Review - Minor | Two years from the date of approval |
Floodplain Permit | Two years from the date of approval |
Legal Nonconformity - Confirmation, Change, or Minor Expansion | |
PUD Modification - Minor | Two years from the date of approval |
Reasonable Accommodation for Accessibility | Does not expire as long as the rationale for approval of the Reasonable Accommodation remains valid |
Record of Survey | Two years from the date of approval |
Residential Small Lot Approval - Minor | Two years from the date of approval |
River System Permit - Minor | Two years from the date of approval |
Zoning Certificate | Two years from the date of approval |
Type 3 Decisions by an Appointed Body | |
Allowed Use with Alternative Form | Two years from the date of approval |
Certificate of Appropriateness - Major | Two years from the date of approval |
Conditional Use Permit - Initial Approval or Major Expansion | Two years from the date of approval |
Design Review - Major | Two years from the date of approval |
Floodplain Variance | Two years from the date of approval |
Hillside Development Permit - Category 3 | Three years form the date of approval |
Legal Nonconformity - Major Expansion | Two years from the date of approval |
PUD Modification - Major | Two years from the date of approval |
Reclassification of Historic Resources | Two years from the date of approval |
Residential Small Lot Approval - Major | Two years from the date of approval |
River System Permit - Major | Two years from the date of approval, unless otherwise conditioned |
Variance | Two years from the date of approval |
Type 4 Decisions by City Council | |
Annexation of Land and Related Zoning Map Amendment | Do not expire |
Code Adoption or Amendment | Do not expire |
Comprehensive Plan Adoption or Amendment | Do not expire |
Development Agreement or Modification | |
Major Historic Preservation Actions | Do not expire |
Subdivision Plat - Preliminary, Final, and Replat | |
Zoning Map Amendment (Rezoning, including Planned Development) | Do not expire |
(3) Extension of Approval Term:
(a) The property owner or holder of a permit or approval subject to lapsing pursuant to this Section may file with the Planning Director a written request for an extension of the period of validity, provided that the request is received before the expiration of the permit and shows good cause why the permit or approval should be extended. If a request for extension is timely received, the approval expiration time limit shall be suspended between the time of filing and decision for an extension request.
(b) Provided that each written request is timely received, the Planning Director may approve up to two extensions of a permit or approval, neither of which may exceed one-half of the period of validity of the initial permit or approval, if the Planning Director determines that there is good cause for the extension. Good cause generally requires that the inability to initiate or complete the project for which the permit or approval was given was due to circumstances beyond the control of the property owner or the holder of the permit or approval.
(c) As an alternative to Subsection (b), the Planning Director may direct that the PZC hold a public hearing to determine whether the permit or approval shall be extended if the Planning Director determines that:
i. There have been significant amendments to the Comprehensive Plan or Code that will affect the permit or approval;
ii. There have been significant land use changes in the area surrounding the property that would adversely impact the project or be adversely impacted by the project; or
iii. There are hazardous situations that have developed or have been discovered in the area.
(d) If a public hearing on the extension is required, notice shall be provided per Section 11-05-04.5, Scheduling and Notice of Public Hearing.
(e) A new application and fee are required and shall be reviewed for compliance with current plans and ordinances.
C. Regulatory Takings Analysis:
(1) Applicability:
(a) Following a final decision on an application, the property owner may request in writing that the City conduct an analysis to determine if the approval, approval with conditions, or denial constitutes a regulatory "taking" of private property in violation of state or federal law.
(b) The decision is not considered final, and no application for judicial review of the decision may be filed, until reconsideration of the decision pursuant to this Section has been requested and the provisions below have been completed.
(2) Procedure:
(a) A request for a regulatory taking analysis shall be submitted to the Planning Director within 28 days from the date of the final decision.
(b) Upon request, the City shall prepare a written taking analysis of any decision or condition(s) of approval on any site-specific development application pursuant to the criteria in Subsection (3) below. The regulatory taking analysis shall become a part of the record related to the application.
(c) A requested regulatory taking analysis shall be provided to the real property owner within 42 days of the request. During the preparation of a taking analysis, any time limitations related to the application or action shall be tolled.
(d) If the analysis concludes that the decision created a regulatory taking of private property in violation of state or federal law, the decision shall be referred to City Council for corrective action to avoid the violation.
(e) If a regulatory taking analysis is requested by the property owner and is not prepared by the City, the decision for which the analysis was requested is voidable, and the property owner may seek judicial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a City action for noncompliance with paragraph (b) of this Subsection shall be filed in a District Court in the county in which the private real property affected by the decision is located.
(3) Criteria: The City shall use the most current regulatory taking guidelines of the Idaho Attorney General to prepare the takings analysis. The following guidelines are current as of the Effective Date:
(a) Does the regulation or action result in a permanent or temporary physical occupation of private property?
(b) Does the regulation or action condition the receipt of a government benefit on a property owner dedicating a portion of property, granting an easement, or expending funds for items unrelated to the impacts of the proposed action?
(c) Does the regulation deprive the owner of all economically viable uses of the property?
(d) Does the regulation have a significant impact on the landowner's economic interest?
(e) Does the regulation deny a fundamental attribute of ownership?
7. Post-Decision Actions and Limitations:
A. Appeals:
(1) Appeal of Administrative Decisions:
(a) General:
i. Except as noted in Subsection (ii), an affected person may file an appeal for review of an interpretation of this Code made by the Planning Director, or a decision of the Planning Director to abate violations or enforce the provisions of this Code pursuant to Section 11-05-07, Violations, Enforcement, and Penalties, or a decision for which Table 11-05.1: Summary of Review and Decision-Making Procedures identifies the Planning Director, a City Official, the Hearing Examiner, Design Review Commission, or Historic Preservation Commission as the decision-maker.
ii. Appeals of decisions for which Table 11-05.1: Summary of Review and Decision-Making Procedures requires public notice and a public hearing, including any appeal to City Council, may only be filed by a Party of Record or by someone entitled to receive mailed notice for that type of application pursuant to Section 11-05-04.5.A(2), Mailed Notice.
iii. The decision shall be heard by body the listed in Table 11-05.1.
iv. These provisions shall apply to appeals of administrative decisions in Specific Plan Districts unless an alternative appeal process is established in the Specific Plan District.
(b) Grounds for Appeal:
i. For an appeal of an administrative decision, the appeal shall list one or more of the following grounds for appeal:
A. Prevention of an allowed land use;
B. Prohibited or unwarranted restriction of building type, material, or method;
C. Misapplication or misinterpretation of the criteria in review of the application;
D. Conditions not authorized by Section 11-05-04.6.A(4), Conditions.
ii. For appeals of administrative decisions, the appeal shall list the section of this Code or applicable state or federal law that has been incorrectly applied or violated and a written description of how they have been incorrectly applied or violated. If the appeal alleges an error in applying floodplain regulations, it shall be supported by technical or scientific evidence.
(c) Procedure:
i. The appeal shall be submitted to the Planning Director within 10 days of the decision. The timely filing of an appeal stays further action based on the decision being appealed unless the Planning Director determines that a stay would cause imminent peril to life or property.
ii. The appeal shall be accompanied by the appeal fee established by City Council and available on the City's website. If the appeal is successful and the decision is reversed or modified, the appeal fee shall be refunded.
iii. Upon receipt of a timely appeal, the Planning Director shall:
A. Schedule the hearing before the appropriate appeal body shown in Table 11-05.1. for the next available public hearing date;
B. Provide notice pursuant to Section 11-05-04.5.A(2), Mailed Notice to the appellant, the applicant for the permit, approval, or decision being appealed; and
C. Transmit the record of the decision, including application materials submitted with the application, to the appeal body shown in Table 11-05.1.
iv. If more than one appeal is received related to the same interpretation, permit, approval, or decision, the Planning Director shall consolidate them into a single appeal and shall schedule a single public hearing on all appeals.
v. The appeal shall be conducted pursuant to the Section 11-05-04.5.B, Public Hearing Procedure and Conduct.
vi. The appeal shall be conducted on the record and the appellant shall bear the burden of demonstrating that the decision was in error. Testimony and evidence presented may include materials not included in the application, but shall be limited to matters relevant to those items of 11-05-05.3.D and sections of this Code and applicable state and federal listed in the appeal filing. Testimony based on special administrative or technical expertise shall be weighed accordingly.
vii. The appeal body may uphold, modify, attach conditions to, or reverse the decision being appealed in order to bring the decision into conformance with this Code or applicable provisions of state or federal law.
viii. The Planning Director shall mail notice of the appeal body decision to those individuals and organizations entitled to receive notice of the appeal pursuant to Subsection (e) above, and to Parties of Record at the public hearing on the appeal.
ix. A decision appealed to the PZC or HPC, as listed in Table 11-05.1 shall not be further appealed to City Council but may be subject to review the District Court pursuant to Idaho law.
(2) Appeals of Planning and Zoning Commission Decisions:
(a) Applicability: A Party of Record on decision of the PZC on an application for which Table 11-05.1: Summary of Review and Decision-Making Procedures shows the PZC as the decision-maker may file an appeal to City Council.
i. PZC decisions on appeals from decision of the Planning Director, or another City Official shall not be appealed to City Council.
ii. PZC recommendations to Council shall not be appealed since Council will consider the application and will consider the PZC recommendation at that time.
iii. These provisions shall apply to appeals of PZC decisions in Specific Plan Districts unless an alternative appeal process is established in the Specific Plan District.
(b) Procedure:
i. The appeal shall be submitted to the Planning Director within 10 days of the PZC decision. The timely filing of an appeal stays further action based on the decision being appealed unless the Planning Director determines that a stay would cause imminent peril to life or property.
ii. An appeal of a PZC decision to City Council may only be filed by a Party of Record or a person entitled to receive mailed notice for that type of application pursuant to Section 11-05-04.5.A(2), Mailed Notice.
iii. The appeal shall list the section of this Code or applicable state or federal law that has been incorrectly applied or violated and a written description of how they have been incorrectly applied or violated.
iv. Upon receipt of a timely appeal, the Planning Director or the City Clerk shall:
A. Notify the City Clerk and City Council of the appeal;
B. Schedule a public hearing before City Council on the first available date, as determined by Council.
C. Provide notice pursuant to Section 11-05-04.5.A(2), Mailed Notice to the Parties of Record.
D. Transmit to City Council the record relating to the decision being appealed and shall make the record available to the public.
v. If a Party of Record or a person entitled to receive mailed notice of the PZC public hearing believes that information has been omitted from the administrative record, they shall bring it to the attention of the Planning Director no later than 10 days prior to the date for the appeal hearing. If information has been omitted from the record, the Planning Director shall determine if the information was presented to the review body and, if so, shall include it in the record provided to the City Council.
vi. If more than one appeal is received related to the same interpretation, permit, approval, or decision, the Planning Director shall consolidate them into a single appeal and a single public hearing shall be held to consider all appeals.
vii. Supplemental documents may be submitted subject to the following:
A. The parties to the appeal and the Planning Director may file written arguments (memoranda) regarding the appeal within 14 days after the appeal deadline. For the purpose of this Subsection (vii), staff reports to the City Council regarding the appeal are not considered memoranda.
B. Replies to memoranda shall be filed within 21 days of the appeal deadline.
C. The Council may modify the schedule if the hearing date on the appeal is deferred.
viii. Memoranda, responses, and testimony and evidence presented shall not contain new facts or evidence or discuss matters outside the record but shall be limited to matters relevant to those items of error and sections of this Code and applicable state and federal law listed in the appeal filing. Memoranda, responses, and testimony based on special administrative or technical expertise shall be weighted accordingly.
ix. The appeal shall be conducted pursuant to the Section 11-05-04.5.B, Public Hearing Procedure and Conduct.
x. Except as noted in Subsection xi. below, the appeal shall be conducted on the record and the appellant shall bear the burden of demonstrating that the decision was in error.
xi. Where an appeal of a decision by the PZC is combined with or related to a decision for which Table 11-05.1 shows City Council as the decision-maker, the City Council may hear the appeal of the lower body's decision de novo.
xii. After conducting the public hearing on the appeal, City Council may uphold, modify, attach conditions to, or reverse the decision being appealed in order to bring the decision into conformance with this Code or applicable provisions of state or federal law. If the City Council determines that the procedural steps required by this Code were not followed, the City Council may remand the decision to PZC with instructions to comply with required procedures. The City Council shall adopt a written reason statement in support of its decision, based on the grounds for appeal listed in the appeal filing.
xiii. A City Council decision to modify, attach conditions to, or reverse a PZC decision shall be based on one or more of the following criteria:
A. The decision violates state or federal law.
B. The decision exceeds the statutory or delegated authority of PZC.
C. The decision was made through procedures that are unlawful or are inconsistent with this Code.
D. The decision is not supported by substantial evidence.
E. The decision is arbitrary, capricious or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented. Even if the record, memoranda, responses, and testimony would support two different interpretations of what this Code and applicable state and federal law requires, the action is not arbitrary and capricious if exercised honestly and after due consideration.
xiv. The Planning Director shall mail notice of the City Council decision and the reason statement to those individuals and organizations entitled to receive notice of the appeal pursuant to Subsection iv above, and to Parties of Record at the public hearing on the appeal.
B. Modifications of Approvals: This Section describes the procedures for modification of existing approvals under this Code.
(1) Minor Modifications:
(a) Procedure:
i. After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval under this Code may apply for a Minor Modification of the permit or approval. A Minor Modification shall be processed through a Zoning Certificate pursuant to Section 11-05-05.2.M.
ii. No Minor Modification may be approved if it would have the effect of reversing a decision on appeal of the initial approval or is inconsistent with a condition attached to the initial approval.
iii. The Planning Director is authorized to approve, approve with conditions, or deny Minor Modifications and to require the applicant to file and/or record those materials necessary to document the Minor Modification in the City or Ada County records, as applicable.
(b) Permitted Minor Modifications:
i. Conditional Use Permits:
A. The Planning Director may approve the following types of Minor Modifications:
(i) A reduction in the density that does not exceed 25 percent of total units;
(ii) A relocation of dwelling units or building pads for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas;
(iii) A change in the phasing plan;
(iv) A modification to the recreation area or open space design that does not significantly reduce or eliminate the recreation or opens space area;
(v) An increase or decrease in the proposed setback as long as Code requirements are met; and
(vi) Similar changes as determined by the Planning Director.
B. Applications for minor expansions of approved conditional uses shall be processed pursuant to Section 11-05-05.2.D, Conditional Use - Minor Expansion.
ii. Design Review Approvals: The Planning Director may approve the following types of Minor Modifications to Design Review approvals:
A. Modifications to previous Minor Design Review that are consistent with Code standards;
B. Relocation of building pads or dwelling units provided that the modification does not significantly alter the site in terms of parking layouts, vehicular circulation, or landscaping;
C. Increase or decrease in a setback as long as Code requirements are met;
D. Change in materials, colors, window and door locations, and mechanical units, provided building design remains essentially the same and the changes comply with Code requirements.
E. Modification to a recreation area or open space design that does not eliminate or significantly reduce the size of any area shown on the initial approval; and
F. A change in landscape design or plant types, minor parking lot revisions, or minor site revisions that are consistent with Code requirements.
iii. Planned Unit Developments: Minor Modifications to approved Planned Units or related Development Plans shall be processed pursuant to Section 11-05-05.2.H.
iv. Other Approvals Under this Code: Those modifications that the Planning Director determines are not inconsistent with any standard or requirement in this Code or any condition attached to a prior permit or development for the property, and that are not included in those types of applications for which a Floodplain Variance pursuant to Section 11-05-05.3.E or a Variance pursuant to Section 11-05-05.3.L are required.
(c) Findings for Approval:
i. The Planning Director may approve a Minor Modification, or approve it with conditions, if the Planning Director determines that the modification is not inconsistent with any standard or requirement in this Code or any condition attached to a prior permit or development for the property and will not create a material negative impact on surrounding properties.
ii. In the event the Planning Director is unclear as to whether a requested Minor Modification is consistent with this Section, the Planning Director may refer the application to the appointed body that granted the initial approval for treatment as a Major Modification.
iii. The Planning Director's decision as to what qualifies as a Minor Modification, and the Planning Director's decision to refer the application to an appointed body, are not appealable.
(2) Major Modifications:
(a) After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval under this Code may apply for a Major Modification of the permit or approval.
(b) A Major Modification is one that does not meet the definition of a Minor Modification under Subsection (1)(b) above.
(c) Unless otherwise provided in this Code, an applicant for a Major Modification shall be required to file a new application and follow the same procedure applicable to the initial application that was approved or approved with conditions, and the approval of the change shall be subject to the same criteria applicable to the initial application as applied to the requested modification.
(d) Major expansions of approved conditional uses are processed pursuant to Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Expansion.
(e) Major modifications to Planned Unit Developments are processed pursuant to Section 11-05-05.3.H.
(f) The Planning Director is authorized to waive any application submittal materials that are not required for the decision-making body listed in Table 11-05.1: Summary of Review and Decision-Making Procedures to evaluate the impacts of the proposed modification. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)