This procedure applies to approvals within overlay zones, such as, but not limited to, the Hillside Development Zone (HDZ), Scenic Corridor Zone (SCZ), Environment Resource Zone (ERZ) and Historic Preservation Zone (HPZ). This section does not apply to applications for development subject to the Major Streets and Routes Setback Zone or the Gateway Corridor Zone, to the Rio Nuevo and Downtown Development (RND) Zone or the Drachman School Overlay (DSO) Zone. This procedure also applies to development applications subject to the watercourse, amenities, safety and habitat (WASH) regulations in section 29-12 et seq. and approvals of mitigation plans for certain restaurants serving alcohol.
(1) Application, notice, public comment and review. The pre-application conference, neighborhood meeting, application, notice, public comment, review and denial of plan appeal shall be in conformance with section 23A-50.
(2) Maintenance and protection. Prior to approval of a subdivision plat or issuance of building permits, such measures as covenants, assurances, or homeowners' associations, as may be necessary to ensure the long-term maintenance and control measures, may be required.
(3) Alteration of the property prohibited. No grubbing, grading, excavation or construction shall occur nor shall the city issue any approval or permit for grubbing, grading, excavation or construction on any lot or parcel subject to the overlay zone unless and until the city approves a plat or plan in conformance with this chapter, the LUC and the development standards.
(4) WASH development. Development subject to the watercourse, amenities, safety and habitat (WASH) regulations in section 29-12 et seq. shall be subject to review and approval in accordance with the PDSD full notice procedure, section 23A-51, and to the standards for review set forth in section 29-17.
(5) Time for issuance of decision. The director shall not make any decision prior to the expiration of the twenty-day period for public comment. The director shall make a decision on applications no later than twenty (20) days after the expiration of the comment period or five (5) days after the latest recommendation from a city advisory board, whichever is later.
(6) Notice of decision. Notice of the decision on an application shall be mailed within three (3) days of the decision to all persons entitled to notice of the application.
(7) Appeal. The decision of the director may be appealed to the mayor and council on the grounds that the decision is not in conformance with the criteria established by the LUC. The notice of intent to appeal shall be in accordance with section 23A-62 and shall be filed with the city clerk no later than fourteen (14) days after the date of the decision. The complete appeal materials must be filed within thirty (30) days of the decision. A copy of the appeal shall be provided to the director at the time it is filed.
(8) Site inspection. Prior to the issuance of an occupancy permit, the site will be inspected by the planning and development services department (PDSD) for compliance with the plans approved for the issuance of building permits and any changes authorized by the PDSD director to those approved plans during construction.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10387, § 4, 4-10-07; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)