(a) Specific permits. The minor permit category consists of the following permits and approvals:
(1) Zoning adjustment;
(2) Waiver;
(3) Existing use permit;
(4) Conditional use permit (minor); and
(5) Special district permit (minor).
(b) Preapplication procedures. Before submitting an application for a minor permit, except an existing use permit, for the following uses:
(1) Transmitting antenna mounted on a building or rooftop in a country, residential, A-1, or AMX-1 district, or a freestanding antenna structure;
(2) Meeting facility;
(3) Day-care facility;
(4) Schools: elementary, intermediate, and high; or
(5) Hotel with up to 180 dwelling or lodging units, or both, in the BMX-3 district;
the applicant shall first present the project to the neighborhood board of the district where the project will be located or, if no neighborhood board exists, an appropriate community association. The applicant shall provide written notice of the presentation to owners of all properties adjoining the proposed project. The requirements of this subsection shall be deemed satisfied if the applicant makes a written request to present the project to the neighborhood board or community association and:
(A) The neighborhood board or community association fails to provide the applicant with an opportunity to present the project at a meeting held within 60 days after the date of the written request; or
(B) The neighborhood board or community association provides the applicant with written notice that it has no objection to the project or that no presentation of the project is necessary.
(c) Application and processing. An applicant seeking a minor permit shall submit the appropriate application to the director for processing. Once the director has accepted an application for a conditional use permit (minor) involving a meeting facility, day-care facility, school (elementary, intermediate, and high), or hotel with up to 180 dwelling or lodging units, or both, in the BMX-3 district, the director shall notify adjoining property owners and the appropriate neighborhood board or community association of receipt of the application. The director shall ask adjoining property owners whether they wish to have a public hearing on the proposed project, and whether they have any concerns about potentially adverse external effects of the proposed project on the immediate neighborhood. If, in the judgment of the director, there is sufficient cause to hold a public hearing, the director shall hold a public hearing, which may be held within the area, no earlier than 45 days after acceptance of the completed application; and the application will thereafter be subject to § 21-2.40-2(c)(2), (3), (4), and (6), and subsection (d). If the director determines that a public hearing is not necessary, within 45 days after the director’s acceptance of the completed application, the director shall either:
(1) Approve the application as submitted;
(2) Approve the application with modifications or conditions, or both; or
(3) Deny the application and provide the applicant with a written explanation for the denial;
provided that if an applicant substantially amends an application after its acceptance by the director, the director will have up to 45 days after the date of such amendment to act on the application as provided in this section.
(1990 Code, Ch. 21, Art. 2, § 21-2.40-1) (Added by Ord. 99-12; Am. Ord. 03-37, 13-10, 17-40)