|
<br />z. If the application requires an additional
<br />development permit, the approving authority for
<br />such development pemlit has either approved
<br />the application or has .approved it with condi.
<br />tions, which shall be incorporated as conditions
<br />of the zoning permit.
<br />A zoning permitshall not be required for any
<br />construction that does not alter the: exterior
<br />dimensions of a building or structure.
<br />(c) Sign permit. The zoning administrator shall
<br />approve an application for a sign permit if the
<br />administrator finds that the application complies
<br />with the relevant proviSions of the sign code. (d)
<br />Conditional use permit: (e) Variance: (I) Planned unit
<br />development preliminary plan (g) Planned .unit
<br />development final plan; (h) Subdivision preliminary
<br />plan; CO Subdivision final plat: (j) Certificate of
<br />app'ropriateness; (kl Lot split, minor subdivision;
<br />and .resubgivision. [insertdecision.making crite-
<br />ria after eachl
<br />
<br />Comment: In some communities, lot splits,
<br />
<br />minor subdivisions (subdivisions of three to
<br />
<br />four lots not involving any public improve-
<br />
<br />ments or dedication), and resubdivisions
<br />
<br />(redrawing of lot boundaries without creating
<br />
<br />new lots) are subject to an administrative
<br />
<br />review, bypassing a planning commission,
<br />
<br />and could be included in paragraph (1). In.
<br />
<br />such a case, a record hearing would not be
<br />
<br />. required, and Section 104 should be changed
<br />
<br />to eliminate it.
<br />
<br />(I) Zoning district map amendment. A proposed
<br />amendment to the zoning district map shall be
<br />consistent with the local comprehensive plan.
<br />The legislative body shall find that the pro.
<br />posed amendment to the zoning map is consis-
<br />tent with the local comprehensive plan when
<br />the amendment:
<br />1. Furthers, or at least does not interfere with,
<br />the goals and policies contained in the local
<br />comprehensive plan:
<br />z. Is compatible with the proposed future land
<br />uses and densities and I or intensities contained
<br />in the local comprehensive plan: and
<br />3. Carries out, as applicable, any specific pro-
<br />posals for community facilities, including trans-
<br />portation facilities, other specific public actions,
<br />or actions proposed by nonprofit and for-profit
<br />organizations that are contained in the local
<br />comprehensive plan.
<br />In determining whether the proposed amend-
<br />ment to the zoning map satisfies the require.
<br />ments of subparagraph (l) above, the legislative
<br />body may take into account any relevant guide-
<br />lines contained in the local comprehensive p~an.
<br />(m) Amendment to the text of land development
<br />regulations.
<br />
<br />108. Administrative ,revil!w: responsibility for
<br />completeness review
<br />(1) Building permits and zoning permits are sub.
<br />ject to administrative review.
<br />(z) An applicant for a building or zoning permit
<br />shalt submit an application tothe chiefouilding
<br />official or zoning administrator, respecti\tely. on
<br />forms provided by the local government. An
<br />applicant for a master permit that incorporates a
<br />
<br />106
<br />
<br />building permit and a zoning permitshalt submit
<br />the application to the permit coordinator.
<br />(3) Any decision on a building or zoning penn it or
<br />master pennit that incorporates a building permit
<br />and a zoning permit shalt be accompanied by a
<br />checklist stating applicable codes or regulations
<br />that the chief building official or zoning adminis.
<br />trator applied in making the decision.
<br />(4) In the event the chief building official or zoning
<br />administrator denies a building permit or a zoning
<br />penn it. the official or administrator shalt state in
<br />writing the reasons for denial and the code sec.
<br />.tions relied upon in making the decision.
<br />
<br />109. Applications not involving solely adminis-
<br />trative reviews
<br />For any development permit application that
<br />requires a record hearing as speCified in Section
<br />.104. the appiicant shalt apply to the zoning
<br />administrator on forms provided by the local
<br />government.
<br />
<br />110. Record. hearing; notice requirements
<br />(1) If an approving authority holds a record hear-
<br />ing an a development permit application; it shalt
<br />provide'notice of the date of the record hearing
<br />within [15] days of a completeness determination
<br />on the application under Sections 106(3) to
<br />106(5) above. or within [15] days from the date an
<br />application is deemed complete under Section
<br />106(7) above. Notice of the record hearing shall
<br />be mailed at least [zol days before the record
<br />hearing. and the record hearing must be held no
<br />longer than (3oJ days fallowing the. date that
<br />notice of the record hearing is mailed. A local gov-
<br />ernment may hold a record hearing at a later
<br />. date, but no more than [601 days following the
<br />date that notice of the record hearing was mailed.
<br />if state agencies or other local governments must
<br />approve or review the development application.
<br />or if the applicant for a development permit.
<br />requests an extension of the time,at which the
<br />record hearing will be held.
<br />(z) , The . notice of the record hearing shalt: (a)
<br />State the date, til:ne, and location of the record
<br />hearing and the body or officer that will hold the
<br />hearing: (b) Explain the nature of the application
<br />and the proposed use or uses that couid be
<br />authorized: (c) Ust the land development regula-
<br />tions and any goals, policies, and guidelines of
<br />the local comprehensive plan that apply to the
<br />application; (d) Set forth the street address or
<br />oth.er easily understood geographicai reference
<br />to the subject property; (e) State that a failure to
<br />raise an issue at a record hearing, in person or by
<br />letter, or the failure to provide statements or evi-
<br />dence sufficient to afford the local government
<br />an opportunity to respond to the issue, pre-
<br />cludes an appeal to the appeals board based on
<br />that issue. unless the issue could not have been
<br />reasonably known by any party to the record
<br />hearing at the time of the record hearing; en
<br />State that a copy of the application, alt docu-
<br />ments and evidence submitted by or on behalf of
<br />the applicant. and any applicable land develop-
<br />ment regulations or goals, policies, and guide-
<br />lines of the local comprehensive plan are avail-
<br />able for inspection at no cost and will be
<br />provided at reasonable cost; (g) State that a copy
<br />. of any staff reports on the application will be
<br />available for inspection at no cost at least [71
<br />.days prior to the record hearing and will be pro-
<br />
<br />vided at actual cost; (h) State that a record hear-
<br />ing will be held and include a general explana-
<br />tion of the requirements for the conduct of the
<br />record hearing: and (iJ Identify, to the extent
<br />known by the local government, any other gov-
<br />ernmental units with Jurisdiction over some
<br />aspect of the application.
<br />
<br />11:1. Record hearing: methods of giving notice
<br />
<br />Comment: This section should specify the man-
<br />ner in which the local govemment gives notice
<br />for the record hearing_ Requirements for notice
<br />may be stated in state statutes or the local gov-
<br />ernment may have latitude to establish its own
<br />methods. For that reason, no ordinance lan-
<br />guage has been provided. Altematives for notice
<br />include: conspicuous posting of the notice on
<br />the property forsite-specificdeve!opment pro-
<br />posals; publiSl1ing the notice, including at least
<br />the development location, description, type of
<br />permit(s) required, and location where the com-
<br />
<br />plete applicationlTl,ay be reviewed, in a newspa-
<br />per of general circulation in the jurisdiction of
<br />the local government and on the Internet; post-
<br />ing the notice on a bulletin board in a conspicu-
<br />ous location in the principal offices of the local
<br />govemment; making certain the manner of pub.
<br />lication or posting takeS into account the culture
<br />of the affected community by, for example, writ-
<br />ing the notice in Spanish for areas with an
<br />Hispanic population; mailing the notice to all
<br />adjacent local governments and to all state
<br />agencies with jurisdiction over the development
<br />application; and mailing the notice to abutting
<br />and confronting property owners or property
<br />owners within a certain radius of the site.
<br />
<br />This section should also indicate how far
<br />
<br />in advance of the record hearing notice must be
<br />
<br />given, either through publication, posting, or
<br />
<br />mailing. If the request is for a consolidated per-
<br />
<br />mit procedure, the notice must identify each.
<br />
<br />application to be deciding as a consequence of
<br />the record hearing. Finally, the section should
<br />
<br />indicate how the information is to be presented
<br />
<br />so that a layperson can understand where the
<br />
<br />property in question is located, who owns or
<br />
<br />has control otit, which is the applicant, and
<br />what the matter to be decided is.
<br />
<br />112. Record hearing; conduct of hearing [avail.
<br />able as a web-based enhancement on the
<br />Zoning Practice webpagesl
<br />
<br />113. Record hearing; findings, detision, and
<br />notice [available as a wetr-based enbancement
<br />on the Zoning Practice webpages!
<br />
<br />114. Time limits on decisions.
<br />(1) If the approving authority for a development
<br />permit fails to approve, conditionally approve. or
<br />disapprove a development permit application
<br />within the time period stated in Section 104 after
<br />it makes a written determination that a develop-
<br />ment permit application is complete, or from the
<br />
<br />ZONING PRACTICE 6.06
<br />
|