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(A) Duties of the Land Use Administrator. The Land Use Administrator shall be responsible for coordination of the development review and decision-making process. These responsibilities include:
(1) Administering and enforcing the zoning, subdivision, development design, and implementation provisions of this chapter;
(2) Maintaining an accurate record of all amendments to the text and maps of this chapter;
(3) Receiving and reviewing all applications for completeness and compliance with this chapter submitted to the county for development permits;
(4) Determining which decision-making procedure (DMP) is specified by this chapter as the appropriate decision-making process, and facilitating the processing of every application;
(5) Determining which local, state, and federal agencies may be able to provide relevant information thereby ensuring a thorough and complete review of every application and advising those agencies which may want knowledge of an issued permit;
(6) Providing staff support to and enforcing all decisions made by the Board of Supervisors, Board of Zoning Appeals, Planning Commission, Historic District Review Committee, and Wetlands Board;
(7) Notifying the applicant by written notice of an approval, approval with conditions, or denial within ten days of final action;
(8) Conducting inspections of buildings and other structures, and uses of land to determine compliance with the provisions of this chapter; and
(9) Performing such other duties and functions as are required by the provisions of this chapter.
(B) Decision-making paths (DMPs). Five different types of decision-making paths (DMPs) are necessary in order to administer the provisions of this chapter. These five DMPs are explained below and depicted in §§ 157.076 through 157.078. Decisions made under these DMPs may be appealed in accordance with § 157.063.
(1) Administrative approval - DMP-A. This decision-making path relates to all development approvals which are issued administratively by staff and do not require approval by the Board of Zoning Appeals (BZA), Board of Supervisors (Board), or any other board or commission appointed by the Board. An application under DMP-A will be processed without a public hearing or notification of adjacent property owners. Staff may solicit input from other agencies, departments, boards, commissions, and citizens as deemed necessary. Although it is the intent of the county to review applications with as little delay as possible, some applications may require referral to other agencies. However, a decision shall always be rendered within 60 days of the date a complete application is submitted.
(2) Board of Supervisors approval after a public hearing - DMP-B.
(a) This decision-making path relates to all development approvals granted by the Board of Supervisors after the conduct of a public hearing. This DMP will involve the solicitation of comments and recommendations from staff, local boards and commissions, and other governmental entities before a final decision is made. Public hearings shall be held after public notice is provided in accordance with the public notice provisions of § 157.062.
(b) The Land Use Administrator shall forward a complete application to the Commission which shall hold at least one public hearing in accordance with the public notice requirements of § 157.062. Following the hearing, the Planning Commission shall prepare and by motion approve its recommendation, which may include changes to the original application proposal, and transmit such recommendations, together with any explanatory materials, to the Board of Supervisors. The Planning Commission’s recommendation shall state the public purposes upon which its recommendation is premised. Failure of the Planning Commission to submit a recommendation to the Board of Supervisors within 90 days of the first meeting of the Commission after the application had been referred to it shall be deemed as a recommendation for approval, unless the application is withdrawn by the applicant prior to the expiration of such time period. The Board will conduct a public hearing advertised in accordance with the public notice provisions specified in § 157.062. Approval or denial by the Board shall occur within 45 days after receipt of all state approvals or 90 days after submission of a complete application, whichever is greater. The applicant may relieve the Board and Planning Commission of rendering a decision within the time periods provided if done so in writing prior to the expiration of the time period.
(3) Board of Supervisors approval, public hearing not required - DMP-C. This decision-making path relates to all development approvals granted by the Board of Supervisors which do not require a public hearing. DMP-C may involve the solicitation of comments and recommendations from staff, local boards and commissions, and other governmental entities before a final decision is made.
(4) Board of Zoning Appeals’ approval - DMP-D. This decision-making path relates to all zoning appeals and requests granted by the Board of Zoning Appeals (BZA). DMP-D involves the conduct of a public hearing after public notice has been provided in accordance with the public notice provisions of § 157.062. Solicitation of comments and recommendations from the Planning Commission is mandatory before a decision is rendered. Comments and recommendations may also be solicited from staff, local boards and commissions, and other governmental entities before a final decision is made.
(5) Wetlands Board approval - DMP-E. This decision-making path relates to all development approvals granted by the Wetlands Board. The Wetlands Board conducts a public hearing not later than 60 days after receipt of an application for a proposed regulated activity within tidal wetland areas. Public hearings are conducted after public notice has been provided in accordance with the public hearing provisions of § 157.062. It is mandatory that the applicant, the Board of Supervisors, the Commissioner of the State Marine Resources Commission, the owner of record of any land adjacent to the wetlands in question, the State Institute of Marine Science, the Department of Game and Inland Fisheries, the Department of Environmental Quality, the Department of Transportation, the Army Corps of Engineers, and any governmental agencies expressing an interest therein be notified of the hearing by mail not less than 20 days prior to the date set for the hearing. Solicitation of comments and recommendations from staff, local boards and commissions, and other governmental entities occurs before a final decision is made.
(Ord. passed 11-9-1995)