3.16.03: REVIEW BODIES AND PROCEDURES:

All projects to which this chapter applies shall be reviewed by the Administrator or by the planning and zoning commission as follows:

   (A)   Authority Of The Administrator:

      1.   The Administrator has the authority to approve or deny design review applications identified in section 3.16.03(A)2.

         a.   The Administrator shall have the discretion of placing applications on the planning and zoning commission’s consent calendar for any application where there is some uncertainty about the application’s compliance with the design and development standards. If the Administrator determines that the applicant is phasing development or construction in an effort to avoid compliance with this chapter, the Administrator may require a public hearing as provided in Chapter 15 of this title.

         b.   In making a decision on a design review application, the Administrator shall identify the standards used in evaluating the application, find that the project meets the criteria for approval set forth in section 3.16.07 of this chapter, and determine that the application is in compliance with all applicable design and development standards.

      2.   Applications which are the authority of the Administrator to review and make a determination:

         a.   Building heights less than thirty feet (30') in any residential zone;

         b.   Additions under five hundred (500) square feet;

         c.   Facade and exterior finish changes;

         d.   Accessory structures;

         e.   Minimum required bicycle parking for other uses;

         f.   Changes to the color and type of roofing materials;

         g.   Signs;

         h.   Fencing in certain locations and of specified materials pursuant to sections 3.8.061(C) and 3.8.10(B);

         i.   Temporary merchandise vendors not located in an overlay zone;

         j.   Temporary vendor courts not located in an overlay zone;

         k.   Structures less than one thousand five hundred (1,500) square feet in size and located in a commercial district, but not within the scenic route overlay zone;

         l.   Single family residential structures less than five thousand (5,000) square feet, and not located in an overlay zone;

         m.   Landscape plans involving no structures; and

         n.   Accessory dwelling units.

      3.   Emergency Approvals: Those applications for projects of an emergency nature, necessary to guard against imminent peril, provide for the public safety, or prevent further damage to a property, regardless of zone, shall receive administrative review and approval, denial, or conditional approval, subject to criteria set forth in section 3.16.07 of this chapter. The administrator may forward said application to the commission for review as set forth in subsection (A)1 of this section.

   (B)   Authority Of The Planning And Zoning Commission: Applications for projects which do not qualify under subsection (A) of this section shall receive a public hearing before the planning and zoning commission. The commission shall review and approve, deny, or conditionally approve the project subject to criteria set forth in section 3.16.07 of this chapter.

   (C)   Appeals: The planning and zoning commission will hear appeals of administrative decisions. The city council or the board of county commissioners will hear appeals of any decision made by the commission. All appeals shall be conducted as a public hearing in compliance with chapter 15 of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 864, 2-12-2009; Ord. 998, 1-14-2021; Ord. 1009, 10-6-2022)