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Chapter 18.40 Procedures

Contents

Summary: this chapter establishes procedures for land development decisions. These include

Legislative decisions, including adoption or amendments to this UDO and the Comprehensive Plan. These involve the development of citywide land development policy.

Quasi-Judicial decisions, including rezoning (i.e., a change in the zoning map for a specific property), special use permits, and variances. These proceedings requires a weighing of the evidence, a balancing of the equities, an application of rules, regulations and ordinances to facts, and a resolution of specific issues. These also involve a public hearing at the exercise of discretion by the decision-making agency.

Administrative decisions, such as building permits and certificates of occupancy. These apply the UDO or conditions of a quasi-judicial decision to a specific project that is either clearly defined in the UDO, or that has already obtained all necessary legislative and quasi-judicial approvals. Because these involve the application of non-discretionary rules to specific projects, these decisions are made by City staff without a public hearing.

This chapter sets up rules for procedures, such as pre-application, neighborhood notification, notices and public hearings. It then describes the process for specific land use decisions. The procedures all have a common workflow and description, as follows:

Element

What does this mean?

Applicability

The type of development or situation that is subject to the process.

Initiation

This is how the applicant begins the process, including the department or official that an applicant files the application with.

Completeness

This is how the City determines that the application has sufficient information to be processed.

Decision

This states who approves that application, how notice is provided, and the type of proceeding that leads to the decision.

Approval Criteria

These are any particular standards that determine whether the application is approved. All applications are subject to this Title and zoning district regulations.

Subsequent Applications

If an application is denied, some processes have a waiting period before that type of application can be re-filed for the property.

Appeals

This provides a way to review an application that is denied, or that have conditions that the applicant disagrees with.

Scope of Approval

This states the activities that the application authorizes. For example, some approvals send the applicant to the next step in the overall process, while others authorize construction or use.

Recordkeeping

This states how the formal decision of approval is maintained.

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