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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)
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
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)
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)
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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