X. DESIGN AND DEVELOPMENT REVIEW APPROVAL PROCESS
The standards and regulations contained in this Design Manual for the Highway 20 Overlay District apply to all development activities (including everything from grading and filling, to paving, to new construction and additions, to all new principal and major and minor accessory structures and additions thereto) within 1,200 feet of the Highway 20 centerline (as it exists at the time development is proposed). The standards and regulations also apply to all proposed subdivision plats within 1,200 feet of the centerline of Highway 20. No development covered by this Design Manual may be undertaken without first obtaining approval of a Highway 20 Development Permit from the appropriate review body.
To equate the intensity, length and cost of the development review process with the potential impacts of a proposed development, the city has established a three-tiered development review process, each with a different review body. These bodies include, from lowest to highest, the Zoning Administrator, Zoning Board of Appeals, and City Council. Depending on the type and size of a proposed development, a review body may provide either a recommendation to a higher review body or take final action on an application. Table X.1. indicates the responsibilities and authority vested with each review body.
Section 154.915 provides an outline of the processes and procedures for applications for an administrative Highway 20 development permit to be acted upon by the Zoning Administrator.
Section 154.922 provides an outline of the processes and procedures for applications for a non- administrative Highway 20 development permit to be acted upon by the Zoning Administrator and City Council.
   Figure X.1    Example Development Concept Plan
 
Table X.1
Highway 20 Development Permit Review Body Authority and Responsibilities (1)
Type of Development
ZA (2)(3)
ZBA
CC
Table X.1
Highway 20 Development Permit Review Body Authority and Responsibilities (1)
Type of Development
ZA (2)(3)
ZBA
CC
Land Disturbance
Grading and Filling
D
Natural Resource Disturbance
D
Site Improvements
Paving of Vacant Lots
R
D
Paving Expansions
5,000 square feet or less
D
More than 5,000 square feet
R
D
Landscape Plan Alterations
25% or less of plant materials
D
More than 25% of plant materials
R
D
Walls and Fences
D
Mechanical Equipment
D
 
 
Legend:
CC = City Council; ZA = Zoning Administrator; ZBA = Zoning Board of Appeals; D = Decision Maker; R = Recommends
Footnotes:
1   Where a development proposal contains two or more items shown on this table, the entire development shall be reviewed as one proposal and shall be acted upon by the highest review body required. For example, the Highway 20 Development Permit for a 1,000 square foot addition to a major accessory structure for a use that requires a special use permit shall be acted upon by the Zoning Board of Appeals.
2   The Zoning Administrator may defer his or her decision making authority on any development proposal to the Zoning Board of Appeals where he or she believes the purpose and intent of the Design Manual would be furthered by a public hearing.
3   Projects which would otherwise be acted upon by the Zoning Administrator but which include a discouraged element shall be acted upon by the Zoning Board of Appeals.
 
Table X.1
Highway 20 Development Permit Review Body Authority and Responsibilities
(1)
Type of Development
ZA (2)(3)
ZBA
CC
Table X.1
Highway 20 Development Permit Review Body Authority and Responsibilities
(1)
Type of Development
ZA (2)(3)
ZBA
CC
Structures(5)
New Minor Accessory Structures and Additions
D
New Major Accessory Structures and Additions
2,500 square feet or less
D
More than 2,500 square feet
R
D
New Principal Structures
R
D
Additions to Principal Structures
2,500 square feet or less
D
More than 2,500 square feet
R
D
Principal and Major Accessory Structure Elevation Changes
Changes in Color
D
Changes in Materials
D
Administration (4)
Annexation
R
R
D
Rezoning
R
R
D
Subdivision
R
R
D
Special Use
R
D
Legend:
CC = City Council; ZA = Zoning Administrator; ZBA = Zoning Board of Appeals; D = Decision Maker; R = Recommends
Footnotes:
1   Where a development proposal contains two or more items shown on this table, the entire development shall be reviewed as one proposal and shall be acted upon by the highest review body required. For example, the Highway 20 Development Permit for a 1,000 square foot addition to a major accessory structure for a use that requires a special use permit shall be acted upon by the Zoning Board of Appeals.
2   The Zoning Administrator may defer his or her decision making authority on any development proposal to the Zoning Board of Appeals where he or she believes the purpose and intent of the Design Manual would be furthered by a public hearing.
3   Projects which would otherwise be acted upon by the Zoning Administrator but which include a discouraged element shall be acted upon by the Zoning Board of Appeals. No public hearing will be held. A simple approval by the Zoning Board of Appeals is all that is required.
4   This table present only a summary of administrative procedures covered in §§ 154.901 through 154.926.
5   The use of "Discouraged" wall materials within 1,200 feet of the centerline of Highway 20 shall require Zoning Board of Appeals approval of a Special Use Permit.
 
(Am. Ord. O-07-24, passed 9-24-07; Am. Ord. O-09-08, passed 4-13-09; Am. Ord. O.19.03, passed 3-25-19)