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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
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.510 DETERMINATION OF LAND USE PLAN CONFORMANCE:

All development occurring in Performance Districts shall be tested for Land Use Plan conformance as provided for in this section.  Certain types of transitional development, as identified in Section 62.735 of the ordinance, shall also be subject to testing for land use plan conformance.

61.511

Procedure:  The zoning administrator shall be responsible for determining Land Use Plan conformance.  The determinations shall be made during the review of certificate or permit application for completeness as provided for in paragraph 60.505.  This applies to all applications, whether they are to be processed under a Type I, II, or III procedure.

In the case of a negative determination, the zoning administrator shall notify the applicant, as provided for in Paragraph 60.507.  The determination shall include the findings made, the method of appeal, and other options that the applicant has in pursuit of the matter.

61.512

Appeals:  In the case of a negative determination on an application that would have been processed under a Type I or Type II procedure, the applicant can appeal the decision as provided for in Article 60.700.

In the case of a negative determination on an application that would have been processed under a Type III procedure, the applicant has the option of either appealing the determination separately as provided for in Article 60.700, or the applicant can notify the zoning administrator in writing that he would like to have the question of Land Use Plan conformance addressed as part of the Type II review procedure.  If the applicant chooses this option, the approval body shall be bound to make the findings required in Paragraph 61.514 in determining if the use is in conformance with the Land Use Plan.

61.513

If a certificate or permit application involves a question regarding Land Use Plan conformance, the following information shall be included as part of the development permit application:

1. A map identifying all existing uses on the property under consideration and all properties wholly or partially within 150 feet of the boundaries of the property under consideration.
2. Information clearly establishing the nature of the proposed use for the property under consideration.
3. A written summary of the facts that, in the estimation of the applicant would support a positive determination of Land Use Plan conformance; including reference to applicable parts of the Land Use Plan text which outlines the criteria and policies on which this conclusion is based.

61.514

In reviewing an application for conformance with the Land Use Plan, the zoning administrator shall make a positive determination if the following findings are made:

1. That the proposed use or zoning is of a type that would be compatible with the type of use indicated in the Plan for the area under consideration, taking into account the locational criteria, neighborhood analysis, applicable area wide issues, and the purposes and policies set forth in the Land Use Plan.
2. That the proposed use or zoning will not be detrimental to the general interests of the community and will not significantly interfere with the enjoyment of other land in the vicinity.
3. That the proposed use or zoning does not raise questions with policy implications that properly should be addressed by the Commission and Council and which could result in a change of Land Use Plan policy.
4. That existing or planned public infrastructure are adequate to serve the type of land use contemplated.
5. That the physical characteristics and features of the site are not of a nature so unique and of possible benefit to the community that a different type of land use should be contemplated for the site.

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