The following procedures are established to govern the review and approval process regarding applications for subdivision approvals, zoning certificates, building permits and occupancy permits.
(a) Acceptance by Administrator. The Administrator shall promptly review each application submitted to determine whether all required information has been provided. If the application is deemed insufficient, the Administrator shall promptly notify the applicant and reject acceptance of the application for processing. If the application is deemed sufficient in terms of required information and the applicable fee has been paid, the Administrator shall officially accept the application on that date for consideration of the action(s) requested.
(b) Transmittal for Review. Upon official acceptance of an application, the Administrator shall transmit copies to the Municipal bodies and officers responsible for review or approval, as stated below. The Administrator shall issue no permits or certificates prior to required approvals.
(1) Architectural Board of Review. The Architectural Board of Review shall approve or disapprove all building permit applications.
A. Compliance. The Architectural Board of Review shall review such applications for compliance with the Building Code, general design standards, and design standards established in this Planning and Zoning Code for buildings, signs and other uses and grade changes of three inches or more as required by Chapter 1146. The Architectural Board of Review shall conduct its review in accordance with Chapters 1115 and 1146 as applicable.
B. Meeting Notice. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Architectural Board of Review shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Meeting Notice shall be given for applications that include the erection of a main building. Other applicable sections of the code where discretion is given to the Architectural Board of Review and meeting notice is required are:
C. Meetings. All meetings of the Architectural Board of Review shall be open to the public unless otherwise allowed by law. The Architectural Board of Review shall receive and consider public comment and information relevant to an application during the review process. The Architectural Board of Review may establish such rules as may be necessary for the effective proceeding of any meeting.
D. Review Process. Except for those applications subject to Concurrent Review as set forth herein, the review process for an application shall be in two phases: the preliminary plan review and the final plan review. However, the applicant is also encouraged to meet with the Administrator or Architectural Board of Review prior to submitting an application for preliminary plan review. The purpose of this meeting would be to discuss early and informally with the applicant the requirements of the Planning and Zoning Code and the Design Guidelines.
1. Preliminary plan. The applicant shall submit a preliminary plan of the proposed design that shall conform with the requirements set forth in Section 1109.04.
a. The preliminary plan allows the applicant to present all information needed to determine that the proposed design satisfies the requirements of Chapters 1115 and 1146 as applicable. In its review of an application, the Architectural Board of Review may request that the applicant supply additional information the Architectural Board of Review deems necessary to adequately review and evaluate the proposed design.
b. The Architectural Board of Review shall approve, approve with modification or disapprove the preliminary plan. If the Architectural Board of Review does not grant preliminary approval, it shall verbally advise the applicant of the reasons preliminary approval was not granted or it may specify modification which would make the preliminary plan acceptable. Approval of the preliminary plan shall be conditioned upon compliance with all other applicable statutes and ordinances of the Municipality. Preliminary plan approval shall be obtained, which may be conditioned upon obtaining any needed variances, or modifications prior to the applicant seeking a variance from the Board of Zoning Appeals.
c. Preliminary approval shall be evidence that the concepts presented are acceptable to the Architectural Board of Review, and the project should proceed to final drawings, or for consideration for any variances or modifications if applicable in order for the applicant to obtain a building permit.
2. Final. The applicant, having received approval of the preliminary plan of the proposed design, and any necessary variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission in order to obtain a building permit for the proposed plans of the applicant, shall submit a final plan of the design. The Architectural Board of Review shall approve the final plan if it determines that the design is in accordance with the approved preliminary plan, and any variances granted by the Board.
3. Concurrent review. The Architectural Board of Review may accept a concurrent submission of a Preliminary Plan and a Final Plan, provided that such submission satisfies the submittal requirements of this chapter, and no variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission will be requested for the project.
E. Approval/Disapproval. The Architectural Board of Review shall either approve, approve with modification or disapprove the final plan in accordance with the review and approval procedures set forth in Section 1109.05 and the standards of Chapters 1115 and 1146, as applicable. In conjunction with a motion on the final plan, the Architectural Board of Review shall state the reasons that support the decision.
(2) Planning and Zoning Commission.
A. Subdivisions. The Planning and Zoning Commission shall approve or disapprove all subdivision applications based on the Subdivision Regulations and Improvement Standards in Chapter 1161 of the Codified Ordinances.
B. Zoning Certificates. The Planning and Zoning Commission shall also approve or disapprove Zoning Certificate applications which propose an action as follows:
1. A change of use or enlargement of a use which affects the number of parking spaces; and any change in the number or arrangement of off-street parking or loading spaces.
2. Erection or moving of any main building in all zoning districts except R1 and R2F Districts.
C. Meeting Notice. The Planning and Zoning Commission shall review such applications for compliance with the Planning and Zoning Code. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Planning and Zoning Commission shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Applicable sections of the code where discretion is given to the Planning and Zoning Commission and meeting notice is required are:
(3) Municipal Engineer. The Municipal Engineer shall approve or disapprove all subdivision approval applications and any building permit applications which propose construction requiring a grade change of three inches or more, and may require grading plans to be submitted, in addition to any plan required by the Planning and Zoning Code or Subdivision Regulations if necessary to determine the impact on the drainage shed.
(4) Bureau of Fire Prevention. Approval by the Bureau of Fire Prevention shall be required for all building permits authorizing erection, enlargement or repair of structures and for the installation of Solar Energy Systems in accordance with Chapter 1153. (See Section 1501.13 of the Fire Prevention Code.)
(5) Council. Council approval shall be required for all subdivision approval applications proposing the creation of five or more additional lots and for any application which proposes the widening, extension or opening of public or private roads (with the exception of a single access driveway serving a one or two-family dwelling).Council shall not consider any application that has been disapproved by the Architectural Board of Review, Planning and Zoning Commission or Municipal Engineer, where such approval is required, except as referred to in Chapter 1111.
(6) Other Municipal officers. The Administrator shall also submit applications for review and recommendation to the Police Chief and other municipal officers, as applicable.
(7) Board of Zoning Appeals. The Board of Zoning Appeals shall hear any questions or disputes involving interpretation of this Planning and Zoning Code and shall determine whether or not to grant variances or render decisions on administrative appeals in accordance with Chapter 1111 of this Planning and Zoning Code.
(c) Time Limitations for Review. In order to ensure expeditious handling of applications, the following time limitations for review are established for applications which require approval of the Architectural Board of Review, Planning and Zoning Commission, Municipal Engineer or Council. Where various plans required as components of a building permit application are submitted separately, the time limitations shall apply to each separate submission from the date of its acceptance.
(1) Architectural Board of Review. Applications submitted to the Architectural Board of Review shall be considered at the next regularly scheduled meeting which occurs twenty or more days after official acceptance of the application by the Administrator. Applications for the review of signs requiring permits shall be considered at the next regularly scheduled meeting which occurs ten days or more after official acceptance. The Architectural Board of Review shall make its final determination no later than forty-five days after the date of its required consideration.
(2) Planning and Zoning Commission. Applications submitted to the Planning and Zoning Commission shall be considered at the next regularly scheduled meeting which occurs ten or more days after official acceptance of the application by the Administrator and after the satisfaction of the notification period required in Sections 1161.04 or 1109.05(b)(2). The Planning and Zoning Commission shall make its final determination no later than forty-five days after the date of its required consideration.
(3) Board of Zoning Appeals. Applications submitted to the Board of Zoning Appeals shall be considered in accordance with the provisions of Section 1111.04. The Board of Zoning Appeals shall make its final determination no later than forty-five days after the date of closure of the public hearing(s) on an application.
(4) Bureau of Fire Prevention. Applications submitted for review and recommendation to the Bureau of Fire Prevention shall be reviewed within thirty days after official acceptance by the Administrator.
(5) Municipal Engineer. Applications submitted to the Municipal Engineer for review and consideration shall be reviewed within thirty days after official acceptance by the Administrator.
(6) Council. Applications submitted to Council shall be approved or disapproved within forty-five days after all other required approvals have been granted and closure of any required public hearing(s).
(7) Extensions. The applicant may agree to extensions of any of the above time limitations in order to permit plan revisions or the continuation of the review process.
(d) Effective Approval. Except for administrative appeals or variances granted by the Board of Zoning Appeals, approvals granted under this section shall expire within twelve months if the work authorized by the approval has not materially commenced. The permit expiration may be extended by the Administrator in the event of a change of circumstances, and for good cause shown, provided that there has been substantial progress on the work authorized.
(e) Final Action by Administrator. Subsequent to all required approvals, the Administrator shall promptly issue the appropriate permit or certificate. If an application has been disapproved by the Municipal bodies or officers responsible for that determination, the Administrator shall so notify the applicant in writing, providing copies of all written action taken by the Council or any board or commission of the Municipality.
(Ord. 2019-39. Passed 8-13-19; Ord. 2022-56. Passed 11-14-22.)