(A) Application for a development permit shall be checked by the Administrator. If the application covers construction of a single family dwelling structure, or construction of an accessory building to a single family dwelling, and said construction is in Zoning Districts R-1, R-2, R-3, R-4, R-5, and R-7, the Administrator shall issue a development permit, provided the application complies with all laws and with this title, and provided further that the permit fee has been paid.
(B) In all other cases, application for the issuance of a development permit shall be made to the Administrator, who shall refer the application to the Commission as is appropriate for the type of action requested - within 15 days of the time a valid application is filed. The Commission shall hold hearings on the application for special development permits, as required by § 155.164. The Commission shall make written recommendation upon the application to the Council, and shall recommend whatever action it deems advisable, giving reasons therefor. Upon receipt of the recommendation of the Commission, the Council shall make a decision upon the application.
(1) Action by the Council granting either a general or special development permit, or granting the permit on condition, is a grant of a development permit. A grant or denial of a development permit is an order or development order.
(2) The Council shall issue a general development permit if it finds that the development for which the permit is sought constitutes general development permitted by this title.
(3) If issuance of a development order involves exercise of discretion by the Council, (Special Development), the Commission shall hold a hearing before issuance. In all other cases a development permit shall be issued without a hearing unless:
(a) This title provides otherwise; or
(b) An applicant or a person who would have been entitled to notice alleges that the issuance of the order involved the exercise of discretion and requests that a hearing be held.
(4) If a development order is issued without a hearing, it may not be set aside on the ground of failure to hold a hearing unless a request for a hearing has been filed with the Administrator within four weeks of issuance of the order.
(5) The Council may make minor modifications in the terms of a development permit previously granted without holding a hearing if the Council determines that the development as modified will be lawful under this title.
(C) Issuance of development permits other than construction shall be in accordance with division (B) above of this section.
('69 Code, § 7-25.04) Penalty, see § 155.999