Loading...
A. Department Responsible
The PDSD is responsible for the development and coordination of a text amendment. Staff shall submit a report and recommendation to the Planning Commission and make copies available to the public prior to the public hearing.
B. Public Outreach and Neighborhood Meeting Required
1. Text Amendments Creating or Enabling an Overlay
A neighborhood meeting in accordance with Section 3.2.2 is required for text amendments to the
that propose creating or enabling an overlay
to apply to specific properties.
2. Text Amendments with Citywide Application
The PDSD staff shall seek input on a proposed text amendment to the
from the public. The manner and extent to which public input is conducted shall be determined by the PDSD
on a per text amendment basis.
C. Application
text amendments do not require submittal of an application.
D. Staff Review and Recommendation
staff shall review each proposed amendment to determine, to the extent applicable, compliance with the
,
, the
, and any other code or regulation that may pertain to the application. When appropriate,
staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing.
text amendments are not required to submit an application.
A. Study Session
The Planning Commission may conduct a study session to determine the merits of a proposed amendment. The Planning Commission may remand an amendment to the PDSD for further development or set it for public hearing.
B. Public Hearing and Public Notice (Mailed and Published) Required
At least one public hearing with the Planning Commission on the request is required. Mailed and published notice of the public hearing(s) is required in accordance with Sections 3.2.4.B and E, respectively.
A. General
1. The Planning Commission may close a public hearing or may decide to continue a public hearing to a future time and place provided the hearing is closed and a recommendation, including a statement of the reasons for the recommendation, is issued within 180
of the date of the initial hearing. The PDSD shall transmit to the Mayor and Council the application, Planning Commission’s recommendation and findings or other action of the Planning Commission, and the City Manager’s recommendation.
2. If the Planning Commission fails to issue a recommendation within the prescribed time, the application, will be forwarded to the Mayor and Council for a decision, together with a statement of the reasons for the positions taken by members of the Planning Commission.
B. Reconsideration
By majority vote of all the members, the Planning Commission may choose to reconsider a decision made on a
text amendment application, provided the vote to reconsider is made within 30
of the date of the original decision. Reconsideration may not take place earlier than 14
from the date of the original decision, unless reconsideration occurs at the same meeting as the original decision. If the reconsideration occurs at a different meeting, all
noticed for the public hearing before the Planning Commission must be notified prior to the reconsideration. This notification shall include the time, date, and location of the reconsideration. If the Planning Commission’s decision is not reconsidered within the specified time period and the decision was to deny, the case shall be closed administratively. If, after reconsideration, the decision is to reaffirm a denial, the case shall be closed administratively immediately after the reconsideration.
A. Public Hearing
The Mayor and Council shall hold a public hearing prior to making a decision. The notice for the public hearing before the Mayor and Council shall be the same as the notice before the Planning Commission.
B. Decision
The Mayor and Council may adopt, deny, continue the item, or remand the item to the Planning Commission. The Mayor and Council shall consider the application, the Planning Commission’s recommendation and the City Manager’s recommendation, and public comments when making their decision.
C. Reconsideration by Mayor and Council
The Mayor or a member of the Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made at the original hearing or within 30
of the date of the decision. A consideration shall be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the time when the decision is initially made, then public notice of the reconsideration shall be given in the same manner as for the initial decision.
The Board of Adjustment, Design Review Board (DRB), the Mayor and Council, and the Zoning Examiner, as applicable, hear and decide on appeals in which it is alleged there is an error or abuse of discretion in any order, requirement, decision, interpretation, or other determination made by a
official in the enforcement of the
. Appeals are limited to review of substantive zoning regulations, such as
standards and use specific standards and required findings for approval. This section provides the appeals to the DRB, the Mayor and Council and the Zoning Examiner. For Board of Adjustment appeals, see Section 3.10.1 and 3.10.2.
A. Applicability
Appeals to the DRB may be made by and
from the following decisions by the PDSD
:
1. Neighborhood Preservation
(NPZ) design review applications. An appeal under this section must be based upon an error in the
’s decision finding compliance or noncompliance with the neighborhood specific design manual and
review standards; and,
2. Architectural Variation and Privacy
Plans associated with a Flexible Lot Development.
B. Appeal to the Design Review Board (DRB)
1. Filing an Appeal
A notice of intent to appeal must be filed with the PDSD within 14
of the effective date of the PDSD
’s decision. The complete appeal materials must be filed with the PDSD within 30
of the effective date of the decision. An appeal will be scheduled for consideration by the DRB at the next regular meeting that is at least 30
following the filing of the appeal. PDSD may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal
action on the
proposal subject to the appeal.
2. Limitation on Contact With The Design Review Board
Except for duly noticed
inspection, study and public hearing, no
shall contact or discuss the merits of any appeal with any members of the DRB between the filing of the appeal and the final determination by the DRB.
3. PDSD
’s Report
The PDSD
shall forward the appeal to the DRB any additional materials provided by the appellant, any materials provided by any other
, and the
’s report and recommendation.
4. Public Hearing and Public Notice Required
a. The DRB shall conduct a public hearing on the appeal. The DRB may hold a prior study session but the application for appeal must be scheduled for public hearing within 30
of acceptance. Mailed notice of the appeal is required in accordance with Section 3.2.4.B, and must be sent not less than 15
and not more than 30
prior to the hearing. The public hearing on the appeal is conducted in accordance with the rules and regulations of the DRB.
b. The DRB may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the applicant, regardless of who is the appellant.
5. Decision
a. The DRB shall reach a decision following the close of the public hearing.
b. The DRB may affirm, reverse or modify the decision subject to appeal and may impose conditions necessary and appropriate to implement the
and other pertinent regulations. The decision by the DRB shall be announced and is final at the time the decision is made following the public hearing.
c. The DRB in formulating its preliminary findings and recommendations shall apply the same standards applied by the
.
d. Written confirmation of the decision shall be provided within three
of the date of decision to all parties of record.
6. Reconsideration
The appellant, the applicant, or the PDSD
may request reconsideration of a decision on an appeal provided the request is filed with the PDSD
within 14
of the effective date of the decision is announced. A request for reconsideration may be made only where there is an error in fact or law in the decision, or where a
has new evidence that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the DRB.
7. Issuance of Permits and Approvals
No permits or
approvals based on the decision shall be issued, no inspections performed or other formal action taken, while the appeal is pending before the DRB or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the DRB.
Loading...