(A) Scope and applicability. No building permit shall be issued by PDS for any proposal which is subject to Board review unless a Board order has been issued in accordance with the requirements of this subchapter.
(B) Board order requirements. A Board order shall be required for the following:
(1) A property owner application for construction of a new outdoor entertainment building.
(2) A property owner application to alter an existing outdoor entertainment building.
(3) A property owner application to expand an existing outdoor entertainment building.
(C) Application, Applications for review by the Board shall be filed on forms provided by the city. In conducting its inquiry and review, the city and/or Board may request from the applicant any additional information, sketches and data, as it shall reasonably require in making a determination.
(D) Application for Board order.
(1) Upon application for a Board order, the Board shall schedule a public hearing on the application.
(2) The Board shall mail or cause to have notices mailed setting forth the date, time and place of the hearing to the owner(s) or any person having a legal or equitable interest in the property, adjoining property owners, and to all other owners within 300 feet of the subject property not less than seven (7) days prior to the hearing.
(3) The Board shall consider the application, plans, and specifications and render its determination in accordance with the requirements of this subchapter within sixty (60) days after receiving a complete application.
(E) Decisions.
(1) A Board order shall require approval by a majority vote of a quorum of members. The Board shall provide written notice to the applicant stating the grounds for its decision.
(2) The Board shall keep a record of its proceedings, including copies of information, sketches, and data needed to clarify the record or any amendment to it. The Board in its consideration may require any additional materials it deems necessary to evaluate the application's conformance with § 34.043.
(3) The Board may consider the advice of those consultants whose opinion is sought by the Board with respect to any application for a Board order.
(F) Period of validity.
(1) A Board order shall be valid for a one (1) year from the date of final approval by the Board. The Board order shall become null and void unless the construction or other action authorized by the decision has been started within one (1) year after the final approval is granted and is being carried forward to completion or occupancy of land, site, or buildings.
(2) The Board may approve one six (6) month extension of the final approval upon written application prior to the expiration date of the approval. The extension may be granted provided the Board finds that the reasons for the extension were beyond the immediate control of the applicant.
(3) If a Board order expires, a new application shall be required.
(G) Conditions. In making any decision provided for in this section, the Board may attach any conditions regarding the location, character, and other features of the application, as it may deem reasonable to ensure that applicable standards of review for the decision are met. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed.
(H) Administrative modifications.
(1) The Zoning Administrator, in administering the Board order, may authorize minor plan modifications to building layouts, lighting, and other building and site-related improvements that are required to correct any undetected errors or to address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the Board order.
(2) No modifications shall be made that increases the permitted size of the building or make any change to a permitted conditional use.
(3) Modifications deemed minor may include such changes as:
(a) Minor adjustments in the location of the building provided the perimeter setbacks, yards and buffers are maintained;
(b) Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
(c) Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;
(d) Redesigning and/or relocated landscaping, provided that the same level and quality of screening is maintained;
(e) Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved by the Board order.
(f) Other minor modifications deemed by the Administrator that do not alter the basic design or any specific conditions imposed as part of the original approval, or are a minimal structural modification necessary to protect the structure due to acts of God prior to a Board review.
(g) The Zoning Administrator shall report approved modifications to the Board. The Administrator may submit any modification to the Board that might otherwise be considered minor if the administrator finds that the overall extent and effect of the proposed modification should be reviewed by the Board.
(Ord. 2018-04-01, passed 5-10-18)