In recognition of the fact that many noncontroversial cases will come before the Planning Commission and before the City Council pursuant Chapters 4, 7A, 7B, 8 and 9, this Section permits an expedited procedure which avoids the procedures of § 10-203 below. “Noncontroversial cases” are those where, on first examination, it clearly appears from the application and other documentation in the case file that the application (1) is not a case which is required by Ordinance to be subjected to a public hearing, (2) the application is in full compliance with the governing Ordinance(s), and (3) does not require the exercise of discretionary judgment by the Planning Commission or City Council.
After first examination, the chairperson of the Planning Commission may identify the case as a noncontroversial case. Any dispute at the Planning Commission as to the noncontroversial status to the case renders the case controversial, requiring application of § 10-203 procedures.
Where it later appears to the City Council that the Planning Commission erroneously expedited a case as noncontroversial, the City Council shall refer the case back to the Planning Commission for application of § 10-203 procedures.
[§ 10-202 amended by Ord. No. 07-02, effective March 1, 2007.]