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§ 17.1.415 DECISION AUTHORITY.
   The or his or her designee shall make all Type I decisions.
   The may approve, approve with conditions or deny the .
   The ’s decision shall be based on standards set forth within this Code and provided in writing to the .
   The Director shall document the decision on Type I reviews with the following information:
   A.   A statement that explains the criteria and standards considered relevant to the request;
   B.   A statement of the facts relied upon in making the decision; and
   C.   An explanation of the justification for the decision based on the criteria, standards and facts set forth.
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
§ 17.1.420 APPEALS OF TYPE I DECISION.
   Only an applicant may appeal a Type I decision. A Type I decision by the is final unless appealed. The will be heard by the Planning Commission, under the following conditions.
   A.   The must submit a written petition and pay the required fee to the within 14 calendar days of the written notice of the decision. The written petition shall specifically state the issues being appealed.
   B.   Notice of the hearing shall be provided as required for quasi-judicial (Type III) public hearings.
   C.   The Planning Commission shall conduct a de novo hearing.
   D.   The Planning Commission decision on an is the ’s .
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
TYPE II PROCESS – LIMITED LAND USE DECISIONS
§ 17.1.500 DEFINITION.
   A limited land decision involves the exercise of limited interpretation and discretion in evaluating approval criteria, where approval or denial is based on discretionary standards that regulate the physical characteristics of an outright .
   The review typically focuses on what form the will take or how it will look.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.505 TYPE II APPLICATIONS AND APPROVAL CRITERIA.
    so designated throughout the Development Code are reviewed under the Type II process, based on the requirements and criteria set forth for each in other sections of this Code.
      Examples of these include:
      Certain types of Zoning Standard adjustments
      Minor Modification to a Permit
      Certain type of Design Review
         Review
      Certain projects within an approved Master Plan
      Certain
      Tentative  
      Tentative  
      Adjustments to public improvement requirements
      Alterations of a nonconforming structure
   Any that is not specifically designated in the Code as being under one of the four review processes, and which the determines is similar in impact and scope to other Type II , shall be processed as a Type II .
(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2023-03, passed 5-22-2023)
§ 17.1.510 ELEVATION OF TYPE II APPLICATION TO TYPE III PROCESS.
   If, in the opinion of the , there is potential for neighborhood or community concern about a proposal, the or the may elevate a Type II to the Type III process to provide greater notice and opportunity to participate than would otherwise be required by this Code.
   Elevation to a Type III process will result in a public hearing and decision by the Planning Commission or other rather than a decision by the . An may request that a Hearings Officer consider any land review subject to Type III procedures, including a Type II that is elevated to a Type III procedure. The shall pay all extra costs associated with the Hearings Officer review.
(Ord. 2009-01, passed 3-9-2009)
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