7.5.101: PURPOSE:

The purpose of this Article 7.5 is to describe the procedures used by the City to administer the provisions of this UDC, including which City official, department, agency, or appointed or elected officials will make the decision, the criteria by which the decision will be made, and who will hear and decide appeals of those decisions. It also addresses how uses and buildings that were legally created, but that no longer meet the requirements of this UDC, will be treated, and how the provisions of this UDC will be enforced. (Ord. 23-03)

7.5.102: GENERAL INFORMATION:

Table 7.5.1-A identifies the development procedures authorized by this UDC and establishes whether public notice is required, whether pre-submittal activities are required, the role of City review and decision-making bodies, and whether public hearings are required during each process.

Table 7.5.1-A                           R = Recommendation   D = Decision   A = Appeal Summary of Review Procedures [1]                  M = Manager's Discretion (based on UDC Criteria and Standards)                               * = Quasi-judicial Public Hearing      T = Suggested                               N = Published (Newspaper) Notice Required                                  L = Mailed (Letter) Notice Required   S = Posted (Sign) Notice Required
	Pre-Submittal Activities		Notice	Review and Decision-Making Bodies
Procedure	Pre-Application Meeting	Neighborhood Meeting	Type Required	Staff/Manager	Historic Pres. Board	Planning Comm./FBZ Review Board	City Council	Code Ref.
Permits
Adult Use Permit				D		A [2]	A [2]	7.5.502
Coordinated Sign Plan				D		A [2]	A [2]	7.5.504
Front Yard Carport Permit			L	D		A	A	7.5.505
Grading and Erosion Control Permit				D [3]				7.5.506
Home Occupation Permit				D		A [2]	A [2]	7.5.507
Sign Permit				D				7.5.508
Site Plan to Unplatted Lands				D		A	A	7.5.509
Short Term Rental Permit				D		A [2]	A [2]	7.5.510
Temporary Use Permit				D		A [2]	A [2]	7.5.511
WCF Eligible Facilities Request				D				7.5.512
WCF Permit				D		A	A	7.5.513
Land Use and Development Plans
Land Use Plan				D		D*[6]/A	A	7.5.514
With Annexation	T	M	N, L, S	R		R	D
With Rezoning	T	M	L, S	R		R*	D*
Development Plan	T	M	S[7]	D		D* [8]/A		7.5.515
Amendments	T	M	L, S	D		D*/A
Hillside Site and Grading Plan	T			D		A	A
Site Plan to Unplatted Land	T			D		A	A	7.5.509
Subdivision-Related Procedures
Amendment to Plat Restriction	T		L, S	D		A	A	7.5.518
Final Plat, Plat Modification Prior to Recording, and/or Replat				D				7.5.519
Preservation Area Boundary Adjustment	T		L, S	D		A	A	7.5.520
Property Boundary/Lot Line Adjustment	T			D				7.5.521
Vacation Plat (no public streets or ROW)				D			A	7.5.522
Waiver of Replat	T			D				7.5.523
Variances and Adjustments
Administrative Adjustment	T	M		D		A	A	7.5.524
Development Standards Adjustment	T	M	L, S	R		D*	A	7.5.525
Non-Use Variance	T	M	L, S	R		D*	A	7.5.526
Use Variance	T	M	L, S	R		R*	D*	7.5.527
Other Procedure
Historic Resources Alteration or Demolition	T	M	L, S	D [for Minor]	D* [for Major] /A		A	7.5.528
Interpretation of UDC				D				7.5.529
Numeric Address Change				See Section RBC312.7 of Regional Building Code	7.5.530
Street Name Change	T		N, L, S			D	A	7.5.531
Decisions Requiring a Planning Commission Hearing
Conditional Use Permit	T	M	L, S	R		D*	A	7.5.601
Policy Decisions by City Council
Annexation of Land	T	M	N, L, S	R		R	D	7.5.701
Amendment to the UDC Text		M	N	R	R[7]	R*	D*	7.5.702
Vacation of Public Streets or Right of Way	T	M	N, L, S	R			D	7.5.703
Zoning Map Amendment (Rezoning)	T	M	N, L, S		R[7]	R*	D*	7.5.704
Zoning Map Amendment (upon Annexation)	T	M	N, S			R	D	7.5.704
Appeals
Appeals of Administrative Decisions [9]			L			A*	A	7.5.415
Appeal of Planning Commission, FBZ Board, or Historic Preservation Board Decisions [10]			L, S		D*	D*	A*	7.5.705
NOTES: [1]   The Manager may refer any item to the Planning Commission, FBZ Review Board, or Historic Preservation Board if found necessary for final review authority. [2]   In the event of a denial, the Administrative Decision may be appealed to the Planning Commission. [3]   Decision is made by the Stormwater Enterprise Manager; appeal is available to the Public Works Director. [4]   Posting for ten (10) days after submitted and prior to final decision by Manager. [5]    Decision is made by the Stormwater Enterprise Manager; appeal is available to the Drainage Board. [6]    The Planning Commission will have the final approval only if the Manager refers an administrative level Land Use Plan for review. [7]    If the application relates to an HP-O District [8]    The Planning Commission will have the final approval only if the Manager refers an administrative level Development Plan for Review [9]    Applicable to appealable Administrative Decisions as indicated in Table 7.5-1A [10]    Applicable to appealable Planning Commission, FBZ Review Board, and Historic Preservation Board decisions as indicated in Table 7.5.1.

 

(Ord. 23-03)

PART 2 REVIEW AND DECISION-MAKING BODIES

SECTION:

7.5.201: City Council

7.5.202: Planning Commission

7.5.203: Planning Manager

7.5.204: Form-Based Zoning Review Board

7.5.205: Historic Preservation Board

7.5.206: Parks And Recreation Advisory Board

7.5.207: Drainage Board

7.5.208: Regional Building Department And Commission

7.5.201: CITY COUNCIL:

In addition to the powers granted by the City Charter and the City Code, the City Council shall perform the functions specified in this UDC and shown in Table 7.5.1-C. (Ord. 23-03)

7.5.202: PLANNING COMMISSION:

   A.   Appointment, Terms, and Service:

      1.   The Planning Commission shall consist of nine (9) members appointed by City Council. No more than two (2) of the nine (9) members may reside out of but within three (3) miles of the corporate limits of the City. City Council may appoint two (2) alternate members to serve if Planning Commission does not have a quorum present.

      2.   Each member shall be appointed for a term of three (3) years. Terms of office shall be staggered so that no more than three (3) members' terms are scheduled to expire at the same time. Vacancies shall be filled by appointment only for the unexpired portion of a term.

      3.   All members shall serve without compensation but may be paid necessary expenses incurred in the discharge of their official duties and responsibilities to the extent authorized by City Council.

   B.   Meetings and Organization:

      1.   The members of the Planning Commission shall select a chair and vice chair to serve for one (1) year and until their successors have been selected.

      2.   The Commission shall meet at least once per month at a time and place they fix by motion and may hold special meetings called at any time by the chair, vice chair, or any other member designated by the chair. Minutes shall be kept of all commission proceedings.

      3.   A majority of the Commission shall constitute a quorum for the transaction of business.

   C.   Powers and Duties: The Planning Commission shall perform the functions specified in this UDC and shown in Table 7.5.1-A as well as the following:

      1.   Engage in cooperative planning programs with the planning agencies, officials, and representatives of other governmental units and with private agencies and organization to encourage, coordinate, and unify planning of the urban metropolitan area centering on the City.

      2.   Call upon any officer or employee of the City for any services, advice, or consultation the Commission deems necessary.

      3.   Request outside consultants or other entities to assist the Commission in performing its functions, provided City Council has appropriated funds for those expenses. (Ord. 23-03)

7.5.203: PLANNING MANAGER:

The Manager shall perform the functions specified in this UDC and shown in Table 7.5.1-A and establish priorities for the abatement of zoning violations and implement appropriate procedures to abate each category of violations in accordance with Part 7.5.9 (General Enforcement), as well as the following:

   A.   Manage the comprehensive planning and development review process.

   B.   Maintain data relating to this UDC including the official zoning map.

   C.   Approve the creation of, and amendments to, the Landscaping Policy Manual and other manuals referred to in this UDC, and necessary for the administration of this UDC, where this UDC or another City regulation does not allocate that responsibility to another department of the City, or another governmental or quasi-governmental agency, or to an elected or appointed body. (Ord. 23-03)