Special zoning reviews which involve minor modifications to design criteria or minor construction subject to design review shall be conducted in accordance with the following general procedures. These procedures provide limited notice to parties who may be affected by the development. It is the responsibility of the applicant to provide full and complete information on the project in a timely manner and the responsibility of the affected parties to provide comments to the applicant and/or the city in a timely manner. Limited notice procedures apply to certain design development options (DDO), approval of resident artisan uses and requests for demolition of contributing, nonhistoric structures in historic districts, special exception uses approved by the PDSD director, "PDSD special exceptions," and modification to certain development regulations in the RND Zone.
(1) Eligibility for limited notice procedure. The director shall determine whether a proposed development qualifies for the limited notice procedure based upon the following.
a. There is a minor change in the development criteria that is requested.
b. There are few, if any, changes in the physical attributes of the property.
c. There is a potential for impact upon the neighborhood or the adjacent properties.
d. Where there are commercial and office developments, a--c above shall apply and there is a benefit to area properties from the proposed redevelopment of the property.
e. There is a PDSD special exception land uses designated in the LUC.
f. There is a request for a modification of development requirements (MDR) in the RND overlay zone in accordance with LUC section 2.8.10.8.
(2) Pre-application conference. A pre-application conference with city staff to review requirements for the proposal under this chapter, the LUC, development standards and other applicable policies and regulations is encouraged on all limited notice procedure applications.
(3) Pre-application neighborhood contact. The applicant is encouraged to meet with the property owners who are entitled to notice of the application, the neighborhood association that includes the site and other interested parties prior to submittal of the application to explain the proposed development and potential impacts.
(4) Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards and shall show the impact upon adjacent properties. Upon submittal of the application for minor HPZ review, a copy shall be provided to the designated member of the historic district advisory board and the designated member of the TPHC plans review subcommittee for review and comment.
(5) Notice of submittal of the application. Notice of the application shall be provided to property owners within fifty (50) feet of the subject site and to the neighborhood association that includes the subject site.
(6) Public comment period. There shall be a period of ten (10) days following the date on which notice is provided for submission of comments on the proposal to the planning and development services department.
(7) Review process. Review is conducted by the planning and development services department staff and other agencies, committees or advisory boards as specified in this chapter, the LUC and as may be deemed appropriate by the director.
(8) Decision by the director. The director shall decide whether to approve or deny an application no earlier than one (1) day after the expiration of the public comment period and no later than ten (10) days after the expiration of the public comment period. The director may impose conditions for approval of the application or may decide to require that the application proceed through the procedure in accordance with Division 3 of this chapter.
(9) Notice of the decision. The director shall notify the applicant and parties of record in writing of the decision within three (3) days of the decision.
(10) Appeal to the board of adjustment. A party of record may submit an appeal of the 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 five (5) days after the notice of decision. The complete appeal materials must be filed within thirty (30) days of the decision.
(11) Waiver of comment, notice of the decision and right to appeal. The time period for public comment, for notice of the decision and for the filing an appeal may be waived if the applicant provides written documentation that all parties of record have waived one or more of these provisions.
(12) Failure to adequately describe the project. If, upon receiving a complaint, the zoning administrator determines that the notice required by this section, failed to accurately or adequately describe the proposed development in a manner that substantially affects other property owners, the zoning administrator may determine that the approval is invalid and that the application must obtain a new approval through the limited notice procedure in accordance with Division 3 of this chapter. The zoning administrator's decision to invalidate an approval may be appealed by the applicant to the board of adjustment in accordance with [section] 23A-61.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10295, § 2, 6-27-06; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)