All land use and development permit applications, except building permits, shall be decided by using the procedures contained in this section. General procedures for all permits are contained in § 154.381. Specific procedures for certain types of permits are contained in §§ 154.377 through 154.380. The procedure "type" assigned to each permit governs the decision-making process for that permit. There are four types of permit/decision-making procedures: Type I, II, III and IV. These procedures are described in divisions (A) through (D) below. In addition, § 154.382 lists all of the city's land use and development applications and their required permit procedure(s).
(A) Type I procedure (ministerial). Type I decisions are made by a city official, or someone he or she officially designates, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion. These decisions may be processed under Type III procedure, as provided in § 154.377.
(B) Type II procedure (administrative). Type II decisions are made by a city official with public notice and an opportunity for a public hearing. The appeal of a Type II decision is heard by the Planning Commission. These decisions may be processed under Type III procedure, as provided in § 154.378.
(C) Type III procedure (quasi-judicial). Type III decisions are made by the Planning Commission after a public hearing, with appeals reviewed by the City Council. Type III decisions generally use discretionary approval criteria.
(D) Type IV procedure (legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes and comprehensive plan amendments which apply to entire districts). Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council.
(Ord. 225, passed 10-20-1994, § 6.2; Am. Ord. 260, passed 4-21-2011)