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A. Purpose: This section is intended to provide a process and procedure for reviewing and approving, approving with conditions, or denying a low impact use. Upon compliance with the provisions of this section, a low impact use approval may be granted by the CDD or designated planning staff member, with reasonable conditions necessary for the protection and preservation of the public health, safety and welfare.
B. Submission: An application for approval of a low impact permit shall be commenced by filing a sketch plan and paying the applicable fee with the director.
C. Review Procedure:
1. The applicant shall meet with the CDD or designated planning staff member and shall provide a sketch plan. The sketch plan shall contain enough information, in graphic and text form, to adequately describe to the satisfaction of the CDD or designated planning staff member the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. The CDD or designated planning staff member should determine whether the application is sufficient and in compliance with the provisions of this title and the general plan. The CDD or designated planning staff member may require the applicant to submit a subdivision plat or a final site plan, as required in this title.
2. In proposals where the CDD or designated planning staff member determines that potential issues may arise or additional comment is needed from the community, a public hearing on the application may be scheduled with the planning commission. The applicant shall receive notice of the hearing. Following the public hearing, the planning commission shall make a recommendation to the CDD or designated planning staff member regarding an approval, approval with conditions or denial of the application.
3. The CDD or designated planning staff member shall approve, approve with conditions, or deny the low impact permit application and shall communicate the decision to the applicant. The CDD or designated planning staff member may impose all reasonable conditions necessary to ensure compliance with the goals, objectives and policies of the general plan and applicable provisions of chapter 4 of this title. The CDD or designated planning staff member may also provide written notice of such decision to any persons who have requested notice of such decision. Any person aggrieved by such decision may appeal the decision in accordance with the provisions of this title.
D. Qualification For Low Impact Use: The following uses qualify for low impact permit consideration, unless otherwise permitted in this title:
1. Uses designated as low impact permit uses in section 10-2-10 of this title;
2. The conversion of an existing building or structure from its current or previous use to a new or substantially different type of activity or use;
3. A minor expansion of a lawfully created nonconforming use which:
a. Is less than a fifteen percent (15%) increase of the existing structure gross square footage but no greater than ten thousand (10,000) square feet.
b. Is less than a fifteen percent (15%) increase of the existing total acreage but no greater than five (5) acres, if the use is primarily an outdoor use.
E. Permit Criteria: Any use qualifying for a low impact permit must meet the following criteria:
1. The use does not significantly increase vehicular traffic, unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment;
2. The use does not significantly increase the demand for parking; unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment;
3. The use does not intensify the likelihood of pedestrian and vehicular conflicts;
4. The use does not create unsightly conditions, including, but not limited to, unscreened storage and other environmental concerns;
5. Buildings and other structures shall provide a human scale consistent with adjacent development and appropriate to residential uses and consistent with adjacent conforming development in the zoning districts. The massing, scale, and architectural design shall be consistent with the design guidelines established in section 10-4-19 of this title;
6. The use does not intensify noise levels or odors;
7. The use does not create significant dust and dirt conditions, which cannot be adequately mitigated;
8. The use does not intensify lighting and glare conditions;
9. The site shall be landscaped according to section 10-4-20 of this title;
10. The use does not create a sudden change in privacy for adjacent property owners;
11. The proposed use shall be in compliance with the standards of approval of development permits in chapter 4 of this title; and
12. The use is generally consistent with the goals and policies of the general plan. (Ord. 708, 12-10-2008)