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As set forth in § 306, any use which is permitted by right and subject to development plan review:
(A) Review procedure. The development plan review application shall be filed with the Zoning Board of Review by submitting a complete application to the Zoning Official. Upon certification of the receipt of a complete application the Zoning Official shall immediately forward a copy of the application to the Technical Review Committee. Notice satisfying the requirements of § 320(A) shall be given for the meeting of the Technical Review Committee that will consider the application. Such notice shall be given as soon as possible after referral by the Zoning Official. Once referred by the Zoning Official, development plan review shall begin with a review of the application conducted by the TRC, pursuant to the procedures and time periods set forth in Article 10 of the Regulations. The review by the Technical Review Committee shall be advisory to the Planning Board, which shall complete the development plan review.
(B) Waiver requests. The Planning Board shall have the sole authority to waive any of the development standards contained in Rules and Regulations Regarding the Development of Land, § 521 - Commercial Development, subject to the provisions of § 908 of the Regulations, and provided that the standard is not specifically referenced as a requirement by this chapter and is not substantially similar to a requirement in this chapter. Prior to the granting of waivers the Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A) of this chapter.
(C) Scope of review. The decision by the Planning Board shall be binding upon the permitting authority. The permitting authority is the officer responsible for issuing the building permit and/or certificate of occupancy. Such decision shall be in writing and shall comply with all requirements of the Regulations, including those for filing of records and decisions. The permitting authority may not issue a permit contrary to the decision of the Planning Board, but such decision may be considered an appealable decision, appealable to the Zoning Board of Review, pursuant to the procedures set forth for the review of a decision of the Planning Board, as set forth in § 317.
(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13; Am. Ord. 2018-3, passed 3-5-18)