(a) Specific permits. The major permit category consists of the following permits and approvals:
(1) Zone change;
(2) Establishment of or amendment to special districts;
(3) Plan review use;
(4) Conditional use permit (major);
(5) Special district permit (major);
(6) Planned development-housing; and
(7) Downtown heights in excess of 350 feet.
(b) Preapplication procedures.
(1) Before the applicant submits an application for a major permit, the department will hold a preapplication meeting with the applicant to conduct an informal review of the project, unless such a meeting is determined to be unnecessary. A project manager may be assigned by the department, and potential issues shall be discussed with the applicant.
(2) Before submitting an application for a major permit, 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 subdivision 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.
(1) An applicant for a major permit shall submit the appropriate application to the department for processing. If the applicant has presented the project to the appropriate neighborhood board or community association pursuant to subsection (b)(2), the application shall be accompanied by a description of all issues or causes of concern relating to the proposed project that were identified during the presentation and a statement describing any measures taken by the applicant to mitigate the issues or concerns.
(2) An applicant for a major permit that does not require the approval of the council shall be required to erect a “notice of pending permit” sign on the affected lots, subject to the following:
(A) The sign shall be 9 square feet in area;
(B) One sign shall be posted along each street frontage of the lot, may be posted in a required yard, and shall not be obstructed from view by the general public;
(C) The sign shall contain the following:
(i) The words “Notice of pending land use permit application for (the name of the permit type)”;
(ii) A summary description of the nature of the request covered by the application;
(iii) The name of the applicant or agent, and the address and phone number where the applicant or agent may be contacted; and
(iv) The date, time, and place of the public hearing to be held by the director;
(D) The sign shall be erected no less than 14 days before the public hearing date, and shall be removed no more than seven days after the public hearing has been closed;
(E) Failure to comply with the requirements of this subdivision may result in the denial of the affected permit application; and
(F) The sign shall be considered and treated as a “public sign” as provided under § 21-7.20.
(3) An applicant for a major permit shall make a good faith effort to notify all owners of property within 300 feet of the affected property’s boundaries of the applicant’s proposed use of the property as follows.
(A) The notification shall be sent within 10 working days after the director’s acceptance of a completed application.
(B) The notification shall be sent by regular mail.
(C) The department shall make available to the applicant a list of all properties and owners located within 300 feet of the affected property.
(D) The applicant shall submit an affidavit confirming that the notification requirements have been met.
(E) The notification may be made to the respective homeowners board or association of an affected condominium property regime or cooperative housing corporation in lieu of individual owners.
The failure of any person to receive a notice pursuant to this subsection shall not affect the validity of any permit issued under this chapter.
(4) The director shall submit a written request for comments and recommendations on the application to pertinent governmental agencies. The agencies shall submit their comments and recommendations in writing to the director within 45 days after receipt of the request.
(5) If the application is for a special district permit (major) or any major permit regarding downtown heights in excess of 350 feet, the director shall submit the application to the design advisory committee for comment and review. The design advisory committee shall submit its comments and recommendations in writing to the director within 45 days after its receipt of the application.
(6) If the application is for any major permit that does not require the approval of the council, the director shall hold a public hearing no earlier than 45 days after the director’s acceptance of the completed application. Within 90 days after the director’s acceptance of the completed application, the director shall either:
(A) Approve the application as submitted;
(B) Approve the application with modifications or conditions, or both; or
(C) Deny the application and provide the applicant with a written explanation for the denial.
provided that if an applicant substantially amends an application after acceptance by the director, the director shall have up to 90 days after the date of such amendment to act on the application as provided in this subsection.
(7) If the application is for a plan review use, the director shall, within 90 days after the director’s acceptance of a completed application, submit a report to the council, which shall process the application according to § 21-2.70. Provided that if an applicant substantially amends an application after acceptance by the director, the director shall have up to 90 days after the date of the amendment to act on the application as provided in this subsection.
(8) If the application is for either:
(A) The establishment of or amendment to a special district; or
(B) A zone change;
The director shall, within 90 days of the director’s acceptance of a completed application, either:
(i) deny the application and provide the applicant with a written explanation for the denial; or (ii) submit a report and a proposed ordinance to the planning commission, which shall process the application according to § 21-2.70. If, however, an applicant substantially amends an application after acceptance by the director, the director shall have up to 90 days after the date of such amendment to act on the application as provided in this subsection.
(d) Exception when special management area use permit required. When an application for a major permit requires a special management area use permit, the director may extend the deadlines for acting on the application imposed by this section; provided that any extension shall not extend beyond 10 days after the council has acted on the special management area use permit.
(1990 Code, Ch. 21, Art. 2, § 21-2.40-2) (Added by Ord. 99-12)