The following procedure is for administrative design review where such review is required by the LUC. This procedure applies to review of development applications in the Neighborhood Preservation Zone (NPZ) district in accordance with Land Use Code section 2.8.11.
1. Pre-application conference. A pre-application conference with the planning and development services department (PDSD) is required to determine whether the application shall be reviewed through NPZ design review procedure.
2. NPZ design review. Development subject to the NPZ design review procedure shall be reviewed as follows:
a. Submittal. Upon submittal, PDSD staff shall review the application to determine that it provides all required information. The application shall be accepted or rejected within two (2) days. If an application is rejected, the applicant may supplement and resubmit the application supplying required information.
b. Design professional. The design professional shall review accepted applications to determine compliance with the neighborhood specific design manual and compatibility review criteria in accordance with Land Use Code section 2.8.11.8.A.1.
c. Design professional findings and recommendation. The design professional shall submit a written report with findings and recommendation to the director of the planning and development services department within fifteen (15) working days of acceptance of the application.
d. Director decision. The director shall review the application and render a decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria within five (5) days of receiving the design professional's report.
e. Notice of decision. Notice of the decision shall be mailed to the applicant, property owners within fifty (50) feet of the subject site, and to the neighborhood association that includes the subject site within three (3) days of the date of the decision.
f. Appeal to the design review board (DRB). For purposes of this section, a party of record is any individual who receives a notice of the director's decision. A party of record may submit an appeal of the director's decision pursuant to [section] 23A-64.
Appeals to the director's decision shall be referred to the DRB. An appeal under this section must be based upon an error in the director's decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria. Appeals shall be scheduled within thirty (30) days of acceptance of the application for appeal.
A notice of intent to appeal must be received by the planning and developmental services department within fourteen (14) days after the mailing of the notice of decision. The complete appeals materials must be filed within thirty (30) days of the acceptance of the application for appeal.
The DRB, in formulating its preliminary findings and recommendations, shall apply the same standards that the design professional applies. Written notice of the DRB's decision shall be provided to the party of record within three (3) days of the date of the decision.
g. Appeal to the board of adjustment. A party of record may submit an appeal of the DRB's decision to the board of adjustment in accordance with section 23A-61. A notice of intent to appeal must be received by the planning and development services department within fourteen (14) days of the notice of the DRB's decision. The complete appeals material must be filed within thirty (30) days of the decision.
(Ord. No. 10548, § 4, 6-10-08; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09; Ord. No. 10726, § 1, 11-24-09)