Loading...
Except for building permits, certificates of occupancy, and zoning compliance permits, all decisions on applications filed under this Ordinance shall be in writing, and configured in accordance with the following:
A. Content. The notification of decision on an application shall be issued in the name of the applicant or applicant's agent, as appropriate, and shall identify the following:
1. The land or matter subject to the application;
2. A reference to any approved plans, as appropriate;
3. The approved use(s), if any; and
4. Any conditions of approval or other applicable requirements.
B. Timing. Except where otherwise stated in this Ordinance, the Planning Director shall provide the applicant written notification of a decision or action within 30 days after a final decision on a development application.
C. Copy of Decision. In addition to providing notification of a decision on an application to an applicant, the Planning Director shall make a copy of the decision available to the public in the offices of the Planning Department during normal business hours.
(Ord. 2020-36, passed 12-2-2019)
A. Effect. Approval of a development application in accordance with this Ordinance authorizes only the particular use, plan for development, or other specific activity approved.
B. Permit Prerequisite. In the event a permit or development approval is a prerequisite to another permit or development approval (e.g., administrative adjustment or variance approval prior to a site plan approval), development may not take place until all prerequisite approvals are obtained. Approval of one development application does not guarantee approval of any subsequent development application.
C. Transfer.
1. Except when otherwise specified, development approvals may be transferred from one owner to another, provided the land, structure, or use type continues to be used for the same purpose for which the approval was granted.
2. The terms, requirements, and conditions of the approval shall continue to apply to all subsequent owners or interests.
(Ord. 2020-36, passed 12-2-2019)
2.3.11. Continuance, Postponement, and Withdrawal
An applicant may request that a review authority's consideration of a development application be continued, postponed, or withdrawn by submitting a written request to the appropriate review authority.
A. Procedure for Applications Subject to a Public Hearing.
1. In cases where an applicant seeks a continuance or postponement of an application subject to a public hearing, but public notification of the hearing has not yet been provided, the Planning Director shall consider and decide the request.
2. If public notification of the pending public hearing has been provided in accordance with this Ordinance, the request for continuance or postponement shall be placed on the public hearing agenda and be considered by the review authority. Additional public notification may be required.
3. A request for continuance or postponement may be approved in cases where the applicant needs additional time to prepare evidence, secure approval from outside agencies, bring the application into closer alignment with the Town's adopted policy guidance or the requirements of this Ordinance, or for good cause, as determined by the review authority.
B. Withdrawal.
1. An applicant may withdraw an application at any time.
2. If an applicant withdraws an application for the same land after public notification two times within a single calendar year, the same application may not be resubmitted for a period of one year from the date of the second withdrawal.
3. Application fees for withdrawn applications shall not be refunded.
(Ord. 2020-36, passed 12-2-2019)
A. Application Denied. If a development application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same site shall be submitted within one year after the date of denial unless the review authority approves a reduction in this time limit in accordance with subsection (B) below. For the purposes of this section, "the same or similar development" shall mean:
1. The same use type(s) in the same approximate location(s) as the denied application; or
2. The same use type(s) in the same approximate building configuration (e.g., building height, floor area, massing) as the denied application.
B. Reduction in Time Limit. The owner of land subject to this subsection, or the owner's authorized agent, may submit a written request for reduction of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the review authority. The review authority may grant the request only on a finding by two-thirds of its membership that the owner or agent has demonstrated that:
1. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the review authority's application of the relevant review standards to the development proposed in the new application; or
2. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the review authority's application of the relevant review standards to the development proposed in the new application; or
3. The new application proposed to be submitted is materially different from the prior application; or
4. The final decision on the prior application was based on a material mistake of fact.
(Ord. 2020-36, passed 12-2-2019)