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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
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• Ch. 65 - Nonconformities
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CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.530 TYPE III REVIEW PROCEDURE:

The Type III Procedure includes review of a proposed application at a public hearing(s).  Three hearing processes are established, identified as Phase I, Phase II or Phase III Hearing Processes.  Ordinance regulations for applications subject to the Type III Review Procedure will always identify which phase(s) of review will be conducted in consideration of the application.

60.531 Phase I Hearing Process:

 The Phase I Hearing Process shall be as set forth below:  

1. Following the zoning administrator’s acceptance of a completed development permit application, the zoning administrator shall, within three days, transmit one copy of the application, or appropriate parts of the application, to each referral agency for review and comment.  If referral agencies do not comment within eight days, the referral agency will be presumed to have no objection.
2. The zoning administrator shall schedule a public hearing pursuant to Section 60.600 before the designated review body.  Notice of the hearing must be sent to those persons designed to receive notice by the requirements for each type of application in Chapter 61.  The hearing must be scheduled within 16 days after acceptance of the application by the zoning administrator.
3. Prior to the scheduled public hearing before the designated review body, the zoning administrator shall review the proposed application and prepare a report analyzing the advantages and disadvantages of the proposal.  The zoning administrator shall recommend to the designated review body, based upon all of the facts and circumstances, the comprehensive plan (if the application involves a change in a land use ordinance or map, or if it involves a change in standards or street classification from those presented in the Thoroughfare Plan element of the comprehensive plan) and other planning information, the approval, denial or modification of the application.  A copy of the report must be transmitted to the applicant and to the professional firm representing the applicant, if any.
4. Following the close of the public hearing, the designated review body shall file a report within 25 days summarizing the findings of the public hearing and recommending the approval, approval with conditions or denial of the application.  The designated review body shall take action by majority vote of its members present when the public hearing was held.  Within ten days, the zoning administrator shall transmit a copy of the report to the Council for their information.

60.532 Phase II Hearing Process:

The Phase II Procedure shall be as set forth below:  

1. Following the zoning administrator's acceptance of a completed development permit application, the zoning administrator shall, within three (3) days, transmit one copy of the application, or appropriate parts of the application, to each referral agency for review and comment.  If referral agencies do not comment within eight (8) days, the referral agency shall be presumed to have no objection.
2. The zoning administrator shall schedule a public hearing pursuant to the requirement of section 60.600 to be held before the Commission.  Notice of hearing shall be sent to those persons designated to receive notice by the requirements for each type of application in Chapter 61.  The hearing shall be scheduled within sixteen (16) days after acceptance of the application by the zoning administrator.
3. Zoning Administrator Review:  Prior to the scheduled public hearing before the Commission the Zoning Administrator shall conduct a review as outlined in 60.531(3).
4. Following the public hearing, the Commission shall file a report summarizing the findings of the public hearing and recommending either approval, approval with conditions, or denial of the application, with the City Council, within ten (10) days.  The zoning administrator shall also transmit a copy of his report along with the hearing report to the Council.
5. The Council, within 20 days after receiving the reports from the Commission and the zoning administrator, shall conduct a public hearing pursuant to the requirements of section 60.600.  The Council shall make a decision on the application by either approving, approving with conditions, or denying the application.
6. The Council shall have the power to waive subsequent review phases in a multi‑phase review process if requested by the applicant upon findings that:
   1. The information considered during the Phase II Hearing Process is sufficient in nature to demonstrate compliance with all the requirements set forth in this ordinance.
   2. That waiver of the subsequent review phases will not interfere with the purposes and intent of this ordinance.
   3. That the applicant has provided assurance that all conditions or modifications attached to approval of the project will be met.  This assurance shall include, but shall not be limited to, the filing of revised plans, the provision of necessary bonds or other surety to cover the completion of projects, or the filing of necessary legal documents.
7. The Phase II approval for a development permit requiring subsequent final development plan and the approval shall continue in force as long as the ordinance has not been amended to cause the application to be in conflict with provisions of the ordinance.

60.533 Phase III Hearing Process:

The following procedure shall be followed in processing all applications required to go through Phase III of the Type III review procedure:  

1. The zoning administrator, after accepting an application for a development permit (requiring review through a Type III Hearing process) and finding that it is complete, shall, within three (3) days, transmit one copy of the application to all referral agencies.  The referral agencies shall have eight (8) days in which to comment; if no  response is received, the referral agency shall be presumed to have no objection.
2. The zoning administrator shall within sixteen (16) days of receipt of the application schedule a review of the application before the Commission.
   The zoning administrator shall prepare a report of his findings and those of the referral agencies and submit his report to the Commission prior to the scheduled review.
3. Following the review, the Commission shall file a report summarizing the findings of the review and recommending either approval, approval with conditions, or denial of the application, with the City Council, within ten (10) days.  The zoning administrator shall also transmit a copy of his report along with the hearing report to the Council.
4. The Council shall within 20 days of receipt of the Commission decision hold a public hearing on the proposal pursuant to section 60.600.  The Council shall make a decision on the application by either approving, approving with conditions or denying the application by resolution upon majority vote of members present at the time the public hearing was held.
5. Following final action in the Phase III hearing process, the zoning administrator shall dispose of the permit in the manner provided for in Paragraph 60.507.  

 






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