(A) No Permit or certificate of occupancy shall be issued by any Metro Government agency for any Development Activity within the District unless a Permit for such Development Activity has been obtained pursuant to this chapter.
(B) An application for Development Activity within the District shall be submitted to the Division of Planning and Design Services or its successor on a form provided by the Division. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:
(1) A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed Development Activity in the context of property lines, adjacent structures, trees, streets, sidewalks, and the like.
(2) Plans, elevations and other drawings, drawn to appropriate scale, as may be necessary to fully explain all proposed Structures or alterations to existing Structures.
(3) Details of urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed Development Activity.
(C) Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (B) of this section. The preliminary review shall be conducted by the Urban Design Administrator to determine if the minimal requirements for acceptance of the application have been met. The Urban Design Administrator may agree to waive certain requirements set out in subsection (B) of this section if he or she determines that such requirements are not necessary for review of the application pursuant to this chapter. An applicant whose proposal has been determined to require nonexpedited approval may seek a preliminary review of his or her proposal by the Committee.
(D) After determining that an application is complete, the Urban Design Administrator shall classify the development proposal as either exempt or not exempt, requiring either expedited or nonexpedited approval. The Urban Design Administrator may classify an application as requiring nonexpedited review even if the proposed Development Activity meets the definition for expedited review if it determines that the application would be more appropriately considered by the Committee.
(E) A Permit application classified as requiring expedited approval shall be reviewed by the Urban Design Administrator, who shall prepare a written decision supported by findings of fact which shall approve the Permit, approve the Permit with conditions, or deny the Permit. An applicant, within ten business days of the date of the decision of the Urban Design Administrator on a proposal requiring expedited review, may request appeal of the application to the Committee. The application shall be reviewed as provided in subsection (F) of this section for applications classified as requiring nonexpedited approval. The Committee shall provide notice of the appeal in accordance with the notice procedures outlined for a nonexpedited review, and shall consider the application at its next regularly scheduled meeting for which notice can be provided.
(F) An application classified as requiring nonexpedited approval shall be reviewed by the Committee. The Permit application shall be reviewed by the Urban Design Administrator in accordance with the Guidelines and forwarded to the Committee with the Urban Design Administrator’s written recommendation to either approve the Permit, approve the Permit with conditions, or to deny the Permit.
(G) Where an application requiring non-expedited review will also require a Category 3 review or a variance as defined by the Land Development Code, the Committee shall provide a forum for the public hearing component of that review in accordance with the following procedures.
(1) Notice for the Category 3 review or variance shall be sent in accordance with the requirements of the Land Development Code and any applicable state statutes.
(2) The Planning Commission, in the case of a Category 3 review, or the Board of Zoning Adjustment, in the case of a variance, shall designate a hearing officer in accordance with that body’s Policies and Procedures who shall attend the Committee meeting at which the review will take place.
(3) A staff report outlining the issues involved in the Category 3 review or variance shall be presented by appropriate staff member in the Division of Planning and Design Services in addition to the staff report presented by the Urban Design Administrator.
(4) Final action on the Category 3 review or variance shall be taken at the next regularly scheduled meeting of the body with the authority to take such action on the proposal .
(H) Notice. The applicant shall be sent, by first class mail, written notice of the date, time and location of the meeting of the Committee at which his application shall be considered. Notice of the application and of the date, time and location of the meeting of the Committee shall also be sent by first class mail to all First Tier Property Owners of record, and to any business associations or neighborhood associations which have requested in writing to receive such notices. The notice shall be sent no later than ten days prior to the date of the meeting. Notice procedures for applications involving a Category 3 or variance component pursuant to subsection (G) of this section shall be in accordance with the notice requirements for such reviews set forth in the Land Development Code and any applicable state statutes.
(I) At the meeting scheduled to review the application, the Committee shall first hear a description of the proposed Development Activity and receive preliminary comments and a recommendation from the Urban Design Administrator which shall indicate which of the Guidelines apply to the proposed Development Activity. Following the Urban Design Administrator’s presentation, the applicant shall present such information as he or she chooses for the Committee’s consideration. The Committee shall receive testimony or written comments from other parties.
(J) The Committee shall, by majority vote of the members present, make a decision, supported by written findings of fact, which shall approve the Permit, approve the Permit with conditions, deny the Permit, or defer consideration of the application until the next meeting of the Committee. Consideration of an application shall not be deferred more than one time. If the Committee defers consideration of an application it shall state the reasons for such deferral. Findings of fact made by the Committee shall be based on the information presented in each application and at each Committee meeting and shall support the Committee’s written conclusion.
(K) The Director shall review all decisions of the Urban Design Administrator and the Committee, and may, within three business days, refer any application back to the Urban Design Administrator or Committee, as appropriate, if he or she determines the decision is not adequately supported by findings of fact. The Committee shall consider and render a final decision upon a remanded application at its next regularly scheduled meeting.
(L) The Committee and the Urban Design Administrator shall, in their decision-making capacities, make written findings of fact based upon the information presented in each application and at each Committee meeting which support the written conclusion that the proposed Development Activity is or is not in compliance with the Guidelines.
(M) If, after an applicant has obtained a Permit, the development proposal is amended, he or she shall submit the amended development proposal to the Urban Design Administrator, who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Urban Design Administrator that the amended proposal requires review, the previously issued Permit shall be suspended pending the review of the amended development proposal.
(N) Any applicant who is denied a Permit shall have a right of appeal to the Circuit Court in accordance with applicable state statutes.
(1999 Lou. Code, § 158.27) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)