1203.02   CORE DEVELOPMENT REVIEW PROCEDURE.
   All development applications are subject to the following seven-step "core" approval procedure, unless variations or exceptions to the core procedure are expressly provided for in the particular development application requirements set forth in this chapter.
 
Core Development Review Procedure
Step 1
Pre-Application Conceptual Review
Step 2
Application
Step 3
Staff Review and Report
Step 4
Planning Commission Action or Recommendation
Step 5
City Council Review and Action
Step 6
AHBR Review and Action
Step 7
Zoning Certificate
 
   (a)   Step 1: Pre-Application Conceptual Review.
      (1)   Purpose. The purposes of the pre-application conceptual review meeting are to provide an opportunity for the applicant and the City Manager to discuss the review process, the scope of appropriate submittal requirements, and compliance with this Code. Major potential problems can be identified before a formal application is submitted.
      (2)   Applicability. Pre-application conceptual review is mandatory for all applications relating to site plans except minor development, preliminary planned development plans, and preliminary subdivisions except for minor subdivisions. Pre-application conceptual review meetings for all other types of applications are voluntary. However, the City Manager may determine that some application submittal requirements are not necessary if the applicant attends a pre-application conceptual review meeting.
      (3)   Attendance. In addition to the City Manager, other City participants in the pre-application conceptual review meeting may include the Community Development Director, the City Community Development Staff, the City Engineer, representatives from City Safety Services and City utility providers, Design Subcommittee for Development in Districts 6 and 8, and representatives from the Summit County Department of Environmental Service, Summit Soil and Water Conservation District, and any other person or entity the City deems appropriate.
      (4)   Request for pre-application conceptual review. To request a pre-application conceptual review meeting, the applicant shall submit a request on a form approved by the City Manager, together with any reasonable fee and materials that the City Manager deems necessary. The materials and form submitted for the pre-application conceptual review meeting shall not be considered a formal application for site plan, subdivision, or any other approval.
      (5)   Scheduling. The pre-application conceptual review meeting shall be scheduled within fourteen days from the date of submission of the applicant's form and materials. If additional information is requested, the fourteen-day period may be extended by mutual agreement.
      (6)   Submittal requirements. See Appendix A to this Code.
      (7)   Staff review and recommendations. Within ten days after the pre-application conceptual review meeting, the City Manager shall provide to the applicant comments on the conceptual plan, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the development application.
   (b)   Step 2: Application. Each development application shall be submitted to the City Manager and shall include the items in Appendix A that are identified as applicable to that development application.
   (c)   Step 3: Staff Review and Report. Within forty-five days from the date that a submitted application is certified as complete pursuant to Section 1203.01 (c), the City Manager shall refer the development application to the appropriate review agencies, review the development application, and prepare a staff report. The staff report shall incorporate the responses and comments from the reviewing agencies, shall report whether the development application complies with all applicable standards, and shall specify any areas of noncompliance. Conditions for approvals may be recommended to eliminate any areas of noncompliance or to mitigate any adverse effects of the development proposal. The staff report shall be mailed to the applicant and made available for public inspection and copying at least five days prior to the first scheduled public meeting on the development application.
   (d)   Step 4: Planning Commission Action or Recommendation.
      (1)   When public hearings required. The following development applications are subject to Planning Commission review and shall be considered and acted upon only after a public hearing before the PC:
            Applications for rezonings.
            Applications for preliminary and final subdivision plats, except in Districts 6 and 8.
            Applications for concept plan and final site plan review for major developments and those referred to Planning Commission by the City Manager.
            Applications for conditional uses.
            Applications for planned developments.
            Applications for development agreements.
            Proposed amendments to Code or to the Comprehensive Plan.
      (2)   When only Planning Commission action is required without public hearing.
            Applications for concept plan and final site plan review for development in Districts 6 and 8.
            Applications for preliminary and final subdivision plats in Districts 6 and 8.
      (3)   Decisions. Within 120 days from the date that a submitted application is certified as complete pursuant to Section 1203.01 (c), the PC shall consider the development application, the staff report, comment from any meeting, and the evidence from any public hearing, and then take final action. For applications on which the PC has final authority, the PC shall either approve, approve with conditions, or deny the development application based on its compliance with the appropriate review standards. For applications on which the PC has only authority to recommend action to the City Council, the PC shall recommend either approval with conditions, or denial of the development application based on its compliance with the appropriate review standards.
      (4)   Findings. All decisions of the PC shall be based on written findings of fact related to the relevant standards set forth in this Code.
      (5)   Notification of PC's action. The PC shall send written notice of its action on an application to the applicant and to the City Council within ten days after such action.
   (e)   Step 5: City Council Review and Action.
      (1)   When City Council action required. The following development and land use applications are subject to City Council review and shall be considered and acted upon only after a public hearing before the City Council:
            Applications for planned developments preliminary plan.
            Applications for rezonings.
            Applications for site plans for major developments called up by City Council pursuant to Section 1203.09(g).
            Proposed amendments to Code text/Comprehensive Plan.
            Approval of development agreements.
      (2)   Conduct of public hearings before the City Council. All public hearings convened by the City Council to consider a development application or other land use action subject to this Code shall be conducted in accord with the rules and procedures adopted by the City Council to govern such actions.
      (3)   Decisions. Within ninety days from the date that the City Council receives the Planning Commission's recommendation on an application, the City Council shall consider the development application, the staff report, the PC's recommendation, and the evidence from any public hearing, and then take final action by either approving, approving with conditions, or denying the development or land use applications based on its compliance with the appropriate review standards.
      (4)   Findings. All decisions of the City Council shall be based on written findings of fact related to the relevant standards set forth in this Code.
   (f)   Step 6: AHBR Review and Action.
      (1)   When AHBR review and action required.
         A.   Areas other than in the Historic District and other than historic landmarks. The following development applications are subject to AHBR review and shall be acted upon at AHBR's regularly scheduled public meetings, or at a special meeting or public hearing if called:
               Applications for basic and major developments outside of Districts 6 and 8.
               Applications for minor and basic development referred to AHBR by the City Manager.
         B.   Areas in the Historic District or historic landmarks. AHBR shall review all development within the Historic District and all development affecting a historic landmark that will affect the exterior architectural features of such structure or building. AHBR review shall occur before issuance of a zoning certificate for the development.
      (2)   When AHBR recommendations required. The AHBR, as represented through the Design Subcommittee for Development in Districts 6 and 8, shall recommend to the Planning Commission final action on all applications for the design of buildings and other structures, for new major development in Districts 6 and 8. Such recommendation shall be either to approve, approve with conditions, or deny the application for such a development based on its compliance with the use, development, and design standards set forth in this Code.
      (3)   [Reserved.]
      (4)   Conduct of public meetings/hearings. The conduct of public meeting and hearings before the AHBR shall be governed by the rules and procedures adopted by the AHBR for this purpose.
      (5)   Decisions.
         A.   Areas other than in the Historic District and other than historic landmarks. The AHBR shall take final action within thirty days from the date that a submitted application is certified as complete pursuant to Section 1203.01(c), except that the AHBR shall have the discretion to table any application for no more than two consecutive scheduled meetings. The AHBR shall take final action by either approving, approving with conditions, or denying the development application based on its compliance with the architectural, design, and/or historic preservation standards set forth or referenced in this Code.
         B.   Areas in the Historic District or historic landmarks. Within sixty days from the date that the AHBR receives the Historic District Subcommittee's recommendation on an application for a certificate of appropriateness, the AHBR shall consider the application, the staff report, the subcommittee's recommendation, and evidence from any public hearing, and then take final action by either approving, approving with conditions, or denying the certificate of appropriateness application based on its compliance with the appropriate review standards.
      (6)   Findings. All decisions of the AHBR shall be based on written findings of fact related to the relevant standards set forth or referenced in this Code.
      (7)   Submittal requirements. See Appendix A to this Code for submittal requirements for applications for AHBR reviews and approvals.
   (g)   Step 7: Certificate of Zoning Compliance.
      (1)   When required. A certificate of zoning compliance (also referred to as a zoning certificate or zoning permit) is a condition precedent to the commencement of any of the following types of development or land use activity within the City:
         A.   Residential development, above ground, including new single-family developments on single lots, accessory structures, additions, alterations, demolitions, and fences.
         B.   Surface structures such as patios, athletic courts, and driveways in District 4 and open space conservation subdivisions only.
         C.   Industrial development.
         D.   Commercial development, including accessory structures, additions, alterations, demolitions, and fences.
         E.   Grading, cutting, clearing or any other land disturbance activity.
         F.   Occupy, use, or change the use or alter any structure or land.
         G.   Erection, moving or replacement of signs.
      (2)   Application for zoning certificate–conditions precedent for issuance. An application for a zoning certificate shall be submitted as part of the application for design approval of residential or commercial development, or erection of signs. For major developments in Districts 6 and 8, an application for zoning certificate shall be submitted as part of the application package for PC and/or City Council approval of the site plan. A zoning certificate shall be issued only after the applicant has received the following approvals:
            Final site plan approval; and
            Final approval of any conditional uses or variances (when applicable); and
            Final design approval; and
            Satisfaction of any conditions of approval; and
            Satisfaction of any additional applicable regulations; and
            If applicable, residential allotments pursuant to Chapter 1211 for new residential dwellings.
         Except that a zoning certificate to permit clearing and grading, and/or utility installation and related site work may be issued consistent with the final site plan approval in advance of the zoning certificate to permit building construction.
      (3)   Issuance of zoning certificates. A zoning certificate shall be issued within seven days after final action and approval.
      (4)   A.   Time limit on zoning certificates - minor and basic development.  Unless construction is completed within twelve months of the date of issuance of the zoning certificate, such certificate shall automatically lapse and be null and void.  These time limits may be extended up to six months by the City Manager provided the time limit extension is applied for on or before the date of expiration of the zoning certificate sought to be extended.
         B.   Time limit on zoning certificates - major development.  Unless construction is completed within twenty-four months of the date of issuance of the zoning certificate, such certificate shall then automatically lapse and be null and void.  These time limits may be extended up to six months by the City Manger provided the time limit extension is applied for on or before the date of expiration of the zoning certificate sought to be extended.
   (h)   Summary Table–Core Development Review Process by Application Type.
 
Step 1 Pre-Application Review
Step 2 Application
Step 3 Staff Review and Report
Step 4 PC Action
Step 5 City Council Action
Step 6 AHBR Action
Step 7 Zoning Certificate
Comments
Code Amendments
-Text/Map
V
A
A
A-SR
A-SR
N/A
N/A
 
PD-Preliminary Plan
M
A
A
A-SR
A
N/A
N/A
 
PD-Final Plan
V
A
A
A-SR
N/A
N/A
N/A
 
Conditional Uses
M
A
A
A-SR
N/A
N/A
A
 
Nonconforming Uses/ Structures/Lots
V
A
A
N/A
N/A
A-SR
A
BZBA Final Action-SR
Variances
V
A
A
N/A
N/A
N/A
N/A
BZBA Final Action-SR
Minor Modifications
V
A
A
N/A
N/A
N/A
N/A
City Mgr Final Action-SR
Concept and Final Site
M
A
A
A
A-
N/A
A
 
Site Plan Review- Minor and Basic
M
A
A
N/A
N/A
N/A
A
City Mgr may refer
Preliminary Subdivision
M
A
A
A
N/A
N/A
N/A
 
Final Subdivision
V
A
A
A
N/A
N/A
N/A
 
Development Agreements
V
A
A
A
A
N/A
N/A
 
Architectural/Design Review/Cert of Appropriateness-Major Development
M
A
A-SR
N/A
N/A
A
A
 
Architectural/Design Review-Districts 6/8
M
A
A
A
N/A
N/A
A
 
Architectural/Design Review-Basic Development
V
A
A
N/A
N/A
A
A
 
Architectural/Design Review-Minor Development
V
A
A-SR
N/A
N/A
N/A
A
City Mgr may refer
 
V = Voluntary
M = Mandatory
A = Applicable
N/A = Not Applicable
SR = Special Requirements (Refer to Text)
(Ord. 16-57, § 3.  Passed 12-20-16; Ord. 16-148, § 5.  Passed 2-21-17; Ord. 18-93.  Passed 10-15-19.)