The provisions of this chapter shall be known as the PROCEDURES. The purpose of these provisions is to provide procedures for administering and amending the zoning ordinance 1 . (Ord. 1691 §1(part), 1982)

The procedures shall apply to all zoning districts except as otherwise indicated. (Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the REZONING AND LAW CHANGE PROCEDURE. The purpose of these provisions is to prescribe the procedure by which:

   A.   Additions, deletions and modifications may be made in the text of the zoning ordinance; and

   B.   The application of zoning districts may be made to specific properties. This procedure shall apply to all proposals to rezone property or to change the text of the zoning ordinance. (Ord. 1691 §1(part), 1982)

   A.   Private Property Initiation: The owner of any property may make application to the planning commission to rezone such property.

   B.   Planning Commission And City Council Initiation: The planning commission may initiate action to rezone any property or to change the text of the zoning ordinance. Upon request of the city council, the planning commission shall initiate action to rezone any property or to change the text of the zoning ordinance. (Ord. 1691 §1(part), 1982)

A private party application shall be made on a form prescribed by the planning director, and shall be filed with the planning director. The application shall be notarized, and accompanied by a legal description of the property and an ownership list, together with a map indicating those residences within the subject property and within a three hundred foot (300') radius of the external boundaries of the subject property as described in the application, and such other information as may be required by the planning director. The ownership list shall be prepared by a person or entity with appropriate expertise in the preparation of ownership lists, including a title company, or shall be obtained from the county assessor's office, listing the property owners within the subject property and within a three hundred foot (300') radius of the external boundaries of the subject property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the county. The ownership list will identify property owners within the subject property and within a radius of three hundred feet (300') from the external boundaries of the subject property described in the application. The application shall be accompanied by the fee referenced in the fee schedule. The completed application must be submitted and accepted by the planning director not later than the first working day of the month preceding the next regular planning commission meeting at which this item may be heard (approximately 6 weeks prior to the hearing). (Ord. 3127 §16, 2003: Ord. 3121 §3, 2003: Ord. 3025 §15, 2001: Ord. 2901 §2, 1999: Ord. 2886 §2, 1998: Ord. 2486 §1, 1992: Ord. 1844 §2, 1984: Ord. 1691 §1(part), 1982)

   A.   Public Hearing: In the case of private party initiation, the Planning Director shall set a date for a public hearing on the application. The Planning Commission shall hold a public hearing between twenty one (21) and sixty (60) days after a completed application is accepted by the Planning Director.

   B.   Notice Of Public Hearing: Notice of such public hearings shall contain a description of the property or properties under consideration, a summary of the request, the time and place of the hearing, and any other pertinent information. Such notice need be given only by publication in a newspaper of general circulation in the County, and by mailing a notice not less than fifteen (15) days prior to the date of the hearing, to the owners of property within the subject property and within a radius of three hundred feet (300') from the external boundaries of the subject property as required pursuant to section 17.09.115 of this chapter. Notices shall also be posted on the premises not less than one week prior to the hearing. Changes to the zoning ordinance text will not require mailing of notices to property owners. When notice is required to two hundred (200) or more owners, notice shall be given only by publication, and not by mailed notice.

   C.   Planning Commission Action: The commission shall after notice hold said hearing to consider the proposal and render a decision. The commission may recommend approval, conditional approval, deny, deny without prejudice; or with the consent of the applicant defer action until necessary studies and plans have been completed. A copy of the Planning Commission decision shall be mailed to the applicant and the Director shall make the commission's decision available for public inspection.

   D.   Forwarding Of Recommendation: In the case of approval, the commission shall automatically forward its recommendation to the City Council for appropriate action. In case of denial of a private party application, the decision of the commission shall become final fifteen (15) days after the date of the decision, unless appealed to the City Council pursuant to subsection 17.09.125B of this chapter. (Ord. 3674 §14, 2021: Ord. 3600, 2018: Ord. 3127 §17, 2003: Ord. 3121 §4, 2003: Ord. 3025 §16, 2001: Ord. 2901 §3, 1999: Ord. 1913 §1, 1985: Ord. 1844 §3, 1984: Ord. 1691 §1(part), 1982)

   A.   Action On Recommendation Of Approval: Upon recommendation of approval by the Planning Commission, a time shall be set for a hearing before the City Council.

   B.   Appeal: Within fifteen (15) days after the decision by the Planning Commission on a private party application, an appeal of the decision may be submitted to the Planning Director. The appeal shall be in the form of a completed Appeal Application and shall be filed with the Planning Director or designee. The appeal shall state the file number of the item and shall be accompanied by the fee as referenced in the fee schedule. Upon receipt of an appeal, the Planning Director or designee shall notify the City Clerk, who will set a public hearing before the City Council.

   C.   City Council Action: The City Council shall, after notice of the public hearing (as prescribed in subsection 17.09.120B of this chapter), hold said public hearing on the proposal. The City Council may approve, conditionally approve, refer back to the Planning Commission, deny or deny without prejudice. If the proposal is approved by the City Council, the City Attorney or designee will prepare the documents to enact the zone change or text change ordinance. The City Council also may defer action upon the consent of the applicant. A copy of the decision shall be mailed to the applicant at the address on the application. The decision shall be made within fifteen (15) days of the hearing. If the proposed amendment is referred back to the commission, the commission shall hold a public hearing as prescribed in section 17.09.120 of this chapter, and shall render a report to the City Council within forty (40) days of such referral and the City Council shall then hold a public hearing as prescribed in this section. (Ord. 3674 §15, 2021: Ord. 3127 §18, 2003: Ord. 3025 §17, 2001: Ord. 1917 §1, 1985: Ord. 1844 §4, 1984: Ord. 1691 §1(part), 1982)

   A.   City Council Initiation: Upon initiation of a zone or text change request by the City Council the proposal shall be considered by the Planning Commission at the next possible regular meeting.

   B.   Public Hearing: In the case of initiation by the Planning Commission or referral by the City Council, the commission shall, after notice, hold a public hearing on the proposal and report to the City Council.

   C.   Notice Of Public Hearing: Notice of such public hearings shall be as prescribed in subsection 17.09.120B of this chapter.

   D.   Planning Commission Action: The commission shall consider the existing zoning district or regulations, and may recommend approval, conditional approval, modification, or denial of the proposal, or the commission may defer action until completion of such studies or plans as may be necessary to determine the advisability of the proposal.

   E.   Forwarding Of Recommendation: In the case of recommended approval of a commission or City Council initiated proposal, the commission shall forward the proposal with its recommendation to the City Council for appropriate action. (Ord. 1844 §5, 1984: Ord. 1691 §1(part), 1982)

Whenever a private party application has been denied by the Planning Commission or by the City Council, no such application for the same proposal affecting the same property, or any portion thereof, shall be filed within one year after the date of denial, unless such decision is a denial without prejudice. (Ord. 1691 §1(part), 1982)

The City Council may impose conditions upon rezoning where such conditions are required to ensure that proposed uses of the area are consistent with community needs and its public health, safety, and general welfare. The Planning Commission may recommend conditions upon rezoning, for the City Council's consideration. (Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the SPECIAL USE PERMIT PROCEDURE. The purpose of these provisions is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics or potential adverse effects on surroundings, through review and, where necessary, the imposition of special conditions of approval. This procedure shall apply to all proposals for which a special use permit is required by this title. (Ord. 1691 §1(part), 1982)

Application for a special use permit shall be made on a form prescribed by the Planning Director, and shall be notarized. The application shall be accompanied by information including:

   A.   A set of design drawings which shall include a site plan. The Planning Director or Planning Commission may require additional submittals such as floor plans and site and/or building elevations as deemed necessary to demonstrate the characteristics of the use being considered;

   B.   A narrative depicting the operational characteristics of the use and its impact on the surrounding area, if any;

   C.   Other such information as may be required by the Planning Director; and

   D.   The fee referenced in the fee schedule. (Ord. 3127 §19, 2003: Ord. 3025 §18, 2001: Ord. 2314 §5, 1990: Ord. 1691 §1(part), 1982)

   A.   Public Hearing: A public hearing before the Planning Commission shall be set for between twenty one (21) and sixty (60) days after formal acceptance, to be held on each application for a special use permit.

   B.   Notice: Notice of the hearing shall be as prescribed in subsection 17.09.120B of this chapter. Notices also may be posted within the area of potential influence, if required by the Planning Director.

   C.   Planning Commission Action: The Planning Commission shall determine whether the proposal conforms to the special use permit criteria and may grant or deny the application for the proposed special use permit or require such changes or impose such reasonable conditions of approval as are in their judgment necessary to ensure conformity of the criteria. They shall make specific written findings to support their decisions. A copy of the Planning Commission decision shall be mailed to the applicant and the Director shall make the commission's decision available for public inspection. The determination of the Planning Commission shall be made within forty (40) days after the hearing. It shall become final fifteen (15) days after the date of the decision, unless appealed to the City Council pursuant to subsection 17.09.125B of this chapter. (Ord. 3674 §16, 2021: Ord. 3600, 2018: Ord. 3127 §20, 2003: Ord. 3121 §5, 2003: Ord. 3025 §19, 2001: Ord. 2901 §4, 1999: Ord. 2886 §4, 1998: Ord. 1844 §6, 1984: Ord. 1691 §1(part), 1982)

A special use permit may be approved only if the proposal conforms to all of the following criteria, to the satisfaction of the commission:

   A.   The proposal is in conformance with the comprehensive plan.

   B.   The design and planning of the site is compatible with the location, setting and existing uses on adjacent properties.

   C.   The location, design, and size of the proposal are such that the development will be adequately served by existing streets, public facilities and services. (Ord. 3059 §5, 2002: Ord. 1691 §1(part), 1982)

An appeal by an affected person may be taken to the City Council in accordance with subsection 17.09.125B of this chapter. In considering the appeal, the City Council shall determine whether the proposed use conforms to the applicable special use permit criteria, and may grant or deny a permit or require such changes in the proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to the criteria. (Ord. 1844 §7, 1984: Ord. 1691 §1(part), 1982)

A special use permit shall be subject to the plans and other conditions upon the basis of which it was granted. Unless a different termination date is prescribed, the permit shall terminate one year from the effective date of its granting unless substantial development or actual commencement of authorized activities has occurred, or if there is a cessation of use or occupancy for two (2) years. However, such period of time may be extended by the Planning Commission for one year, without public notice, upon written request filed at any time before the permit has expired and upon a showing of unusual hardship not caused by the owner or applicant. (Ord. 1691 §1(part), 1982)

In the event of a violation of any of the provisions of this title, or in the event of a failure to comply with any prescribed condition of approval, the Planning Commission may, after notice and hearing, revoke any special use permit. The determination of the Planning Commission shall become final fifteen (15) days after the date of the decision, unless appealed to the City Council pursuant to subsection 17.09.125B of this chapter. (Ord. 3674 §17, 2021: Ord. 1844 §8, 1984: Ord. 1691 §1(part), 1982)

This Article shall be known as the Design Review Procedures. The purpose of this Article is to prescribe the procedures for Design Review Commission review of all projects, including requests for design departures, falling within its authority. (Ord. 3651 § 4, 2020)

For purposes of this Article, the following definitions shall apply.

 

 

   A.   Public Notice: Not less than fifteen (15) days prior to the date of the Initial Meeting, notice shall be published once in the official newspaper of the City and mailed, first class postage prepaid, to the owners of property within three hundred feet (300') of the external boundaries of the property which is the site of the project ("subject property"). Notice shall also be posted on the subject property not less than one week prior to the meeting. Notice of the Initial Meeting before the Commission shall contain:

      1.   The legal description and street address of the subject property;

      2.   A summary of the proposed project;

      3.   The date, time, and place of the meeting; and

      4.   Any other information deemed necessary by the Director.

   Notice of all subsequent meetings shall be posted on the subject property not less than one week prior to the meeting. No notice by publication is required for subsequent meetings.

   Notices and decisions regarding the project, including those related to an appeal, shall be mailed to all persons requesting notice in a writing filed with the Director.

   B.   Public Comment: Meetings of the Commission shall include a period of time for public comment on proposed projects. Each person who wishes to comment shall be allowed a maximum of three (3) minutes. Any public comment on a proposed project shall only be on matters related to the adopted design standards and guidelines. No comment shall be taken on matters which cannot be modified by the Commission, including, but not limited to, basic zoning requirements, FAR, building height, density, or use. The chair of the Commission is empowered to conduct the meeting in an orderly manner, including reasonably limiting debate, determining whether comments by either the applicant or the public are appropriate or within the purview of the Commission, and ensuring that any decision of the Commission is arrived at collectively. (Ord. 3651 § 4, 2020)

   A.   Projects Subject to Commission Review: Commission review is required as follows:

 

 

Notes:

   1.   Painting, window and awning replacement, or other minor repairs are not required to go through design review where the Director determines that the repair does not constitute a substantial change to the facade or that the replacement windows or awnings are substantially similar to those being replaced. Placement of a new awning on an existing facade is subject to design review by the Director. The applicant for a new awning placement must submit the items referenced in § 17.09.325(E) to the Director for review.

   2.   When an expansion/addition "faces" a street with or without street frontage:

      a.   Any side of a structure, with the exception of the alley side, that can be viewed from the right-of-way must be approved by the DRC unless waived by the Director.

      b.   Require that at least 2 of the criteria be met and demonstrated for expansions.

   B.   Director's Determination of Commission Review: The Director is authorized to require Commission review of other projects subject to design regulations and standards in the DC, C-17, or C-17L districts, R-17, R-34 or the DO-N, DO-E, or MO overlay districts, where the location, size, layout, or design of the project creates unusual sensitivity or context issues. (Ord. 3651 § 4, 2020)

   A.   Purpose of Application Submittals: A development applicant shall participate in the design review process as required by this Article before substantive design decisions are fixed and difficult or expensive to alter. The City will work with the applicant in a collaborative fashion so that the goals of both the City and the applicant can be met to the greatest degree possible, and to address the concerns of neighbors and the community.

   In order for this process to work effectively, the applicant must be willing to consider options for the project's basic form, orientation, massing, relationships to existing sites and structures, surrounding street and sidewalks, and appearance from a distance.

   B.   Project Review: Each applicant shall comply with the Project Review Procedure set out in Chapter 17.09, Article VI, Municipal Code, prior to meeting with the Commission. Prior to a Project Review application submittal, all Floor Area Ratio (F.A.R.) development bonuses must be approved by the Community Planning Director, or his or her designee.

   C.   Design Review: A complete application and applicable fee for design review under this Article shall be made on a form prescribed by, and filed with, the Director. The completed application must be filed not later than the first working day of the month if and the Initial Meeting with the Commission will be held on the fourth Thursday of that the following month, unless otherwise directed by the Commission or Director and duly noticed. The Director shall schedule the Initial Meeting before the Commission upon receipt of the completed application in accordance with this subsection.

   D.   Initial Meeting with Planning Staff: Not later than fifteen (15) days before the Initial Meeting with staff, the applicant must submit the supplemental and updated information required by this subsection to the Director. If all required items are not submitted two weeks prior to the scheduled meeting, the Director may postpone the Initial Meeting to a later date. Prior to the First Meeting, all Floor Area Ratio (F.A.R.) development bonuses must be approved by the Community Planning Director, or his or her designee. After the Initial Meeting, the Director shall schedule the Second Meeting with the Commission for a date not less than thirty (30) days after the Initial Meeting. In the Director's discretion, any meeting may be scheduled at an earlier or later date if it is in the best interests of the Commission, the applicant, or staff.

      1.   A complete application (including the applicable fee);

      2.    A site map, showing property lines, rights of way, easements, topography, existing and proposed building footprints (if applicable), major landscaped areas, parking, access, sidewalks amenities and public areas;

      3.   A context map, showing building footprints and uses of parcels within three hundred feet (300');

      4.   A written narrative including: A summary of the development plan including the areas for each use, number of floors, etc. total square footage and total acreage, and any information that will clarify the proposed project); and; a detailed description of how the project meets each applicable design guideline and design standards, including images/exhibits, and any design departures, and all revisions to the project made as a result of the initial meeting with staff. The narrative shall also include a description and photos detailing proximity to major roads, view corridors, and neighborhood context.

      5.   General parking information including the number of stalls, dimensions of the parking stalls, access point(s), circulation plan, any covered parking areas, bicycle parking (included enclosed bike storage areas), and whether the parking will be surface or structured parking;

      6.   An ownership list prepared by a title insurance company, listing the owners of property within a three hundred foot (300') radius of the external boundaries of the subject property. The list shall include the last known name and address of such owners as shown on the latest adopted tax roll of the county;

      7.   Photographs of nearby buildings that are visible from the site, from different vantage points with a key map;

      8.   Views of the site, with a key map;

      9.   A generalized massing, bulk and orientation study of the proposal;

      10.   Elevations of the conceptual design for all sides of the proposal and an elevation along the block, showing massing of the proposal;

      11.   An exhibit showing existing and proposed grade;

      12.   Project inspiration images;

      13.   Sample of materials and colors, both physically and an electronic copy; and

      14.   A PowerPoint presentation that includes a detailed description of how the project meets each finding and any design departures, and addressing all of the items required in the narrative.

   E.   First Meeting with the DRC: Not later than the first working day of the month, the DRC Meeting, the applicant must submit the items required by this subsection to the Director. If all required items are not submitted in a timely manner, the Director may postpone the Meeting to a later date.

      1.   All items required for the first meeting with staff with any changes;

      2.   A narrative demonstrating all revisions to the project made as a result of the meeting with staff, and referencing the project's compliance with the applicable design guidelines, including images/exhibits, and design departures.

      3.   A refined site plan with major landscaped areas, parking, access, circulation, sidewalks and public/private amenities;

      4.   Refined elevations;

      5.   Perspective sketches (but not finished renderings); and

      6.   A conceptual model is strongly suggested (this can be a computer model).

   F.   Optional Second Meeting with the DRC: At the time of the First Meeting with the DRC, the Commission shall determine whether the review of the project would benefit from a and additional DRC Meeting to review project changes in response to the first DRC Meeting or is necessary based on all the circumstances. If the Commission decides that a subsequent Meeting will be beneficial or necessary, the Director or his/her designee shall schedule such meeting in accordance is § 17.09.325(C). Not later than fifteen (15) days before the subsequent Meeting, the applicant must submit the items required by this subsection to the Director. If all required items are not submitted two weeks prior to the scheduled meeting, the Director may postpone the subsequent Meeting to a later date.

      1.   Refined site plan and elevations for all sides of the proposal;

      2.   Large scale drawings of entry, street level facade, site amenities;

      3.   Samples of materials and colors, electronic copy of materials and colors, and physical samples of the materials will need to be brought to the meeting;

      4.   Finished perspective rendering(s) for all sides;

      5.   Elevations; and

      6.   A narrative demonstrating all revisions to the project made as a result of the previous Meeting. (Ord. 3651 § 4, 2020)

The applicant has the obligation to prove that the project complies with the adopted design standards and guidelines. The Commission may not substitute criteria of its own choosing for the adopted standards and guidelines nor base its decision on an individual commissioner's personal opinions about the project and its merits. The Commission shall apply the collective judgment of its members to determine how well a project comports with the adopted standards and guidelines, and it may impose reasonable fact-based conditions to ensure better or more effective compliance with those standards and guidelines. The Commission may also exercise discretion to reconcile the adopted standards and guidelines with site specific conditions in order to meet the intent of the Zoning Code. During the design review process, the Commission is authorized to give direction to an applicant to modify aspects of the project design for the purpose of assuring compliance with the standards and guidelines. At any meeting, the applicant shall be allowed up to fifteen (15) minutes to present to the Commission. Response to questions from commissioners shall not be counted against the fifteen (15) minutes. The chair of the Commission has the discretion to grant the applicant additional time to present. (Ord. 3651 § 4, 2020)

   A.   Record Of Decision: The Commission may grant or deny the application, or grant the application with such conditions as are, in its judgment, necessary to ensure conformity to the adopted standards and guidelines. The Commission shall make written findings to support its decision, specifically stating how the project conforms to the adopted design standards and guidelines or how it does not. A copy of the Commission's decision shall be mailed to the applicant and the Director shall make the commission's decision available for public inspection. The Commission has the power to table a decision to a later date and request an additional meeting.

   B.   The final decision by the commission shall be provided to anyone seeking information or a building permit for said property. (Ord. 3651 § 4, 2020)

   A.   Perfecting Appeal: A final decision of the Commission may be appealed to the Council. The appeal shall be perfected as provided by subsection 17.09.125(B) of the Code.

   B.   Appeal on The Record: The Council's review of the decision of the Commission shall be based on the record developed before the Commission. No new evidence or materials shall be allowed by any party in the appeals proceedings.

   C.   Hearing: The applicant, City staff, the appellant, and their representatives, and members of the public may participate in the appeal hearing. Any participant in the appeal may only provide testimony and argument based on the established record concerning the decision of the Commission. The Mayor may establish time limits for each speaker and shall enforce the rules of procedures set out in Municipal Code § 1.11.010.

   D.   Burden Of Proof: The appellant must establish by a preponderance of evidence that an error was made in the decision or that design standards or guidelines were ignored or incorrectly applied, and further that the appellant was prejudiced thereby. No testimony shall be taken on matters which cannot be modified by the Commission, including, but not limited to, Zoning Code requirements, FAR, building height, density, use, parking, or traffic impacts because they are not design review criteria. Basic zoning standards and allowances embodied within the Code shall be presumed to be correct and are not subject to the appeal. Factual findings by the Commission will be accepted by the Council if they are supported by substantial evidence.

   E.   Council Action: The Council may affirm or reverse the Commission decision, or refer the project back to the Commission for further action or clarification. The Council shall issue its decision within fifteen (15) days after the Council takes the matter under advisement. If the project is referred back to the Commission, the Commission shall hold a public meeting to consider the referral and shall render a report to the Council within forty (40) days of such referral. The City Council shall then reconvene the appeal hearing to consider the report and render a final decision as prescribed in this section.

(Ord. 3727 §1, 2024: Ord. 3674 §18, 2021: Ord. 3651 § 4, 2020)

   A.   Adherence to and Modification of Approved Plan: The project must be developed in accordance with the terms of the Commission's approval. If the developer or applicant desires to modify the project with regard to the approved design related to adopted standards and guidelines, including the submission of an application for permit approval that does not incorporate all of the substantive elements of the approved design, the developer or applicant must submit a revised plan to the Director.

   B.   Determination Of Compliance: The Director shall determine if the revised plan substantially complies with the approved design and conditions. If it does not, the Director shall determine at which point in the design review process the developer or applicant must commence in order to obtain Commission approval of the revised plan. The appropriate point in the design review process is that point at which the extent of the proposed modifications can be best addressed.

   C.   Lapse Of Approval: Unless a different termination date is prescribed by the Commission, the design approval shall terminate one year from the date of mailing of the decision unless substantial development or actual commencement of authorized activities has occurred. The termination date may be extended by the Commission for up to one year, without public notice, upon written request filed at any time before the approval has expired and upon a showing of undue hardship not caused by the developer or applicant.

   D.   Denied Projects: In the event that a submitted design has been denied and the applicant seeks approval of a new design, the Director shall determine at which point in the design review process the developer or applicant must commence in order to obtain Commission approval of the new plan. The appropriate point in the design review process is that point at which the extent of the new plan can be best addressed. (Ord. 3651 § 4, 2020)

The provisions of this article shall be known as the PLANNED UNIT DEVELOPMENT PROCEDURE. The purpose of these provisions is to prescribe the procedure for the review of proposed planned unit development. (Ord. 3098 §6, 2003: Ord. 1691 §1(part), 1982)

   A.   Conditions: The planned unit development procedures shall apply to all developments described in sections 17.07.205 through 17.07.275 of this title.

   B.   Simultaneous Review: A zone change request and/or subdivision review may be carried out simultaneously with the planned unit development procedures.

   C.   Format: When specified by the planning director, the development plans shall be submitted in a form to satisfy requirements of the subdivision ordinance for preliminary or final plats.

   D.   Conformance: Procedures for review of a limited design planned unit development shall be the same as other planned unit developments unless otherwise set forth in this chapter. (Ord. 3127 §21, 2003: Ord. 3025 §20, 2001: Ord. 2368 §12, 1991: Ord. 1691 §1(part), 1982)

   A.   Application for a planned unit development shall be made by the owner on a form prescribed by the planning director. The application shall be accompanied by such information as is required under this procedure and submitted in a quantity specified by the planning director. The planned unit development procedure shall comprise a three (3) part process:

      1.   A preliminary project review with the planning department and other city staff;

      2.   Development plan public hearing with the planning commission; and

      3.   A final review with the planning department and other city staff.

   B.   Application for a limited design planned unit development shall be made by the owner on a form prescribed by the planning director. The application shall be accompanied by such information as is required under this procedure and submitted in a quantity specified by the planning director. The limited design planned unit development procedure shall comprise a two (2) part process.

      1.   A preliminary project review with the planning department and other city staff.

      2.   Development plan public hearing with the planning commission. The final development plan procedures specified in sections 17.09.476, 17.09.478 and 17.09.480 of this chapter shall not apply. (Ord. 3127 §22, 2003: Ord. 3025 §21, 2001: Ord. 2934 §62, 1999: Ord. 2368 §13, 1991: Ord. 1691 §1(part), 1982)

All planned unit developments approved pursuant to this procedure shall be consistent with, and shall adhere to, all of the applicable regulations for each type of planned unit development set forth in chapter 17.07, article III of this title. (Ord. 2368 §14, 1991: Ord. 1691 §1(part), 1982)

   A.   Intent: The preliminary project review process for planned unit developments is intended to provide for discussion, consideration, and guidance on a proposal, at an early stage in the design process, and to identify pertinent regulations and other considerations.

   B.   Process: The preliminary project review process for planned unit developments includes two (2) elements:

      1.   Submission by the applicant of the required information prescribed in section 17.09.515 of this chapter; and

      2.   A preliminary project review conference, as prescribed in section 17.09.520 of this chapter. (Ord. 1691 §1(part), 1982)

   A.   Intent: The development plan hearing process is intended to provide an opportunity for detailed review of proposed planned unit developments.

   B.   Process: The development plan hearing process includes the following three (3) elements:

      1.   Submission by the applicant of the required information prescribed in section 17.09.460 of this chapter.

      2.   Review and comment on the development plan through one or more public hearings.

      3.   Formal action by the planning commission. (Ord. 1691 §1(part), 1982)

   A.   Application: All applicants submitting proposals under this procedure shall be required to prepare and submit to the planning department a detailed development plan. Submission of the development plan shall be made within one year from the date of the preliminary project review presentation. The submittal shall also be accompanied by a fee as referenced in the fee schedule. However, in the case of a limited design planned unit development, the above time restriction shall not apply and the applicant shall submit a development plan in compliance with subsection C of this section.

   B.   Content; Planned Unit Development: The development plan shall be based on the generalized development plan presented in the preliminary project review. All elements required within the development plan shall be identified as existing or proposed and be sufficiently detailed to facilitate review. The following elements shall be included in the development plan:

      1.   a. Application and narrative containing the legal description of the property;

         b.   An overall description of the location and intensity of proposed uses and activities, including public and private open spaces;

         c.   A physical description of proposed facilities, including types of buildings, structures and landscape and circulation elements;

         d.   A general designation of utilities;

         e.   A general statement on the form of management proposed in areas of common ownership; and

         f.   A statement detailing the relationship of the proposed development project with major public development programs, including, but not limited to, freeways, highways, parks, trails, open spaces, utility transmission lines and other major public facilities.

      2.   A set of drawings of the entire development indicating:

         a.   Perimeter boundaries of the site;

         b.   Streets and driveways, sidewalks and pedestrianways, and off street parking and loading areas;

         c.   Location and dimension of buildings and structures;

         d.   Utilization of buildings and structures, including activities and number of living units;

         e.   Reservations for public uses, including schools, parks, playgrounds, and other open spaces;

         f.   Major landscaping features and preliminary location of water, sewage and drainage facilities; and

         g.   Artists' or architectural renderings sufficient to clearly establish the scale, character and general appearance of the development.

      3.   Preliminary development schedule indicating:

         a.   Anticipated timing for commencement and completion of each phase of development;

         b.   The total number of acres in each phase;

         c.   The percentage of acreage to be devoted to particular uses;

         d.   The proposed number and type of dwelling units for each phase of development; and

         e.   The average residential density per gross acre for each phase of development.

      4.   As appropriate, the development plan may be submitted concurrently with a preliminary subdivision map and/or zone change application.

   C.   Content; Limited Design Planned Unit Development: The development plan shall be based on the generalized development plan presented in the preliminary project review. All elements required within the development plan shall be identified as existing or proposed and be sufficiently detailed to facilitate review. The following elements shall be included in the development plan:

      1.   a. Application and narrative containing the legal description of the property;

         b.   An overall description of the location of the proposed uses and activities, and alternative similar uses including public and private open spaces;

         c.   A general description of proposed building envelope, landscaping and circulation elements;

         d.   A general designation of utilities;

         e.   A general statement that the owner agrees there will be a lawful form of management proposed in areas of common ownership;

         f.   A statement detailing the relationship of the proposed development project with existing major public development programs, including, but not limited to, freeways, highways, parks, trails, open spaces, utility transmission lines and other major public facilities;

         g.   A statement indicating the owner will provide streets and driveways, sidewalks and pedestrianways, and off street parking and loading areas pursuant to other requirements of this code;

         h.   A statement that utilization of the site shall be pursuant to the underlying zoning district;

         i.   The submitted planned unit development documents shall be notarized and shall be filed with the site plan of record with the planning department.

      2.   A set of drawings of the entire development indicating:

         a.   Perimeter boundaries of the site;

         b.   Location and dimension of principal use and accessory use building envelopes;

         c.   Any intended reservations for public uses, including schools, parks, playgrounds and other open spaces;

         d.   Preliminary identification of water, sewage and drainage facilities. (Ord. 3127, 2003: Ord. 3064 §17, 2002: Ord. 2368 §15, 1991: Ord. 1691 §1(part), 1982)

Between twenty one (21) and sixty (60) days following submission of development plan, a public hearing shall be held before the planning commission for formal action on the proposed development. When appropriate, a public hearing may also consider material submitted as required by the subdivision ordinance and/or zone change procedure. The public hearing shall be held in accordance with subsections 17.09.120A through C of this chapter. (Ord. 2901 §5, 1999: Ord. 2886 §5, 1998: Ord. 1691 §1(part), 1982)

Action taken by the Planning Commission on a submitted development plan may be any one of the following:

   A.   Approval;

   B.   Conditional approval, wherein certain changes are required, or certain conditions of approval have been imposed, as deemed necessary and desirable in the judgment of the Planning Commission to ensure conformity to applicable criteria and standards;

   C.   Denial, when the Planning Commission finds that the proposed development does not meet applicable criteria and standards. Any denial will state the reasons for denial and specify deficiencies of the proposal;

   D.   Denial without prejudice.

   E.   A copy of the Planning Commission decision shall be mailed to the applicant and the Director shall make the commission's decision available for public inspection. Approval or denial of a development plan shall become effective fifteen (15) days after the decision by the Planning Commission, unless an appeal has been made by any affected party, including the applicant, to the City Council pursuant to subsection 17.09.125B of this chapter. (Ord. 3674 §19, 2021: Ord. 3600, 2018: Ord. 3121 §6, 2003: Ord. 1844 §9, 1984: Ord. 1691 §1(part), 1982)

   A.   Intent: Final review is intended to allow the applicable City departments to review the final development plan prior to issuance of applicable permits.

   B.   Process: Final review process includes two (2) elements:

      1.   Submission by the applicant of the final development plan as prescribed in section 17.09.478 of this chapter. The submittal shall be accompanied by a fee as referenced in the fee schedule.

      2.   Review of the final development plan by the Planning Department and other City staff for compliance with applicable regulations, codes and applicable conditions of approval. (Ord. 3127, 2003: Ord. 3025 §22, 2001: Ord. 2934 §63, 1999: Ord. 1691 §1(part), 1982)

   A.   Time Limitation: After one year from the date of the public hearing, the approval of the planned unit development shall terminate unless the applicant files a final development plan for the entire development or for the appropriate phase of development, when submission in stages has been authorized by the Planning Commission in its approval of the development plan, for the first unit or stage of development. The approval period may be extended by the Planning Commission for one year without public notice upon written request filed before said period has expired and upon stating conditions requiring the extension.

   B.   Contents: The final development plan shall conform with the approved development plan. In addition to all elements specified in subsection 17.09.460B of this chapter, the final development plan shall include, in maps and narratives as appropriate, the following elements:

      1.   The location of water, sewerage and drainage facilities;

      2.   Detailed building and landscaping plans;

      3.   Character and location of signs;

      4.   Plans for street improvements;

      5.   Grading or earthmoving plans;

      6.   Legal documents required for:

         a.   The dedication or reservation of common open spaces,

         b.   The creation of a nonprofit homeowners' association, or

         c.   Performance bonds;

      7.   Changes as required as conditions for approval of the planned unit development;

      8.   As appropriate, the final plan may be submitted concurrently with a final subdivision map; and

      9.   The submitted planned unit development agreement and documents shall be notarized and shall be filed with the site plan of record with the Planning Director. (Ord. 3127 §23, 2003: Ord. 3025 §23, 2001: Ord. 2368 §16, 1991: Ord. 1691 §1(part), 1982)

   A.   Written Report: Within forty (40) days of submittal, the Planning Director shall consider information submitted pursuant to section 17.09.478 of this chapter, and shall render a written report on the compliance of the final development with the approved development plan.

   B.   Departmental Review: Within five (5) days of submittal of the completed final development plan, the Planning Director shall forward such document and the original application to the applicable City departments for review. The other City department directors shall notify the Planning Director of compliance or noncompliance with applicable codes, regulations and other applicable conditions of approval. (Ord. 3127 §24, 2003: Ord. 3025 §24, 2001: Ord. 1691 §1(part), 1982)

In cases where the Planning Department finds any major departure from applicable criteria or standards in the final development plan, or in the limited design planned unit development plan, the same shall be found in noncompliance and permits shall not be issued. In such case the applicant shall be notified by mail and informed of the reasons and conditions of the noncompliance. (Ord. 3127, 2003: Ord. 3064 §18, 2002: Ord. 2934 §64, 1999: Ord. 2368 §17, 1991: Ord. 1691 §1(part), 1982)

A determination of noncompliance may be appealed to the City Council pursuant to the administrative appeal procedure set forth in article VIII of this chapter. The City Council shall determine whether the proposal conforms to the requirements for compliance, and may approve, disapprove or require such changes or conditions as are necessary for compliance with the development plan and such other applicable standards and regulations. (Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the PROJECT REVIEW PROCEDURE. The purpose of these provisions is to prescribe the procedure for the review and discussion of proposed facilities or developments. Project review is intended to provide for discussion, consideration and guidance on a proposal at an early stage in the design process, and to identify pertinent regulations and other considerations. These provisions shall apply in addition to other required permits, hearings, or approvals and may be held concurrently if appropriate. (Ord. 3098 §7, 2003: Ord. 1691 §1(part), 1982)

All applicants contemplating formal application for a building permit shall submit to a project review as prescribed in this chapter. The information shall be submitted on a form prescribed by the Planning Director. Project review shall not be required for:

   A.   Projects containing four (4) or fewer residential dwelling units on a single parcel; or

   B.   Other projects as determined by the Planning Director.

Project review is available for projects exempted above, at the applicants' option. (Ord. 3127, 2003: Ord. 3064 §19, 2002: Ord. 1691 §1(part), 1982)

The request for preliminary project review shall be submitted to the Planning Department and shall include the following:

   A.   A generalized narrative describing the concept of development, status of ownership, site location, acreage, proposed uses and activities, proposed densities, and physical land alteration required by the development.

   B.   A generalized site plan showing the entire parcel with schematic indications of locations of buildings, public and private rights-of-way, parking and loading areas, public and private open spaces, walkways, planting areas, etc.

   C.   Such other information, plans, or drawings as may be necessary to fully convey the scope of the project. (Ord. 3127, 2003: Ord. 3064 §19, 2002: Ord. 1691 §1(part), 1982)

Upon receipt of the information presented pursuant to section 17.09.515 of this chapter, the City shall schedule within ten (10) working days a conference between the applicant and staff from other City departments. (Ord. 3064 §19, 2002: Ord. 1691 §1(part), 1982)

The final project review is intended to assure compliance with the appropriate City codes of the final development proposal and to guide the City staff in the issuance of administrative permits. When the applicant submits the information, plans and specifications required for a building permit pursuant to the currently adopted Building Codes as amended, the building official shall then forward the relevant information to the appropriate departments to review for compliance with the City codes. Those departments shall, within five (5) working days, respond to the building official who can then issue the appropriate permits or require additional information as necessary. (Ord. 3096 §37, 2003: Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the VARIANCE PROCEDURE. The purpose of these provisions is to prescribe the procedure for the relaxation of specific provisions of this title, either to relieve a hardship, or as authorized in this title. This procedure shall apply to all proposals to vary the requirements of this title. (Ord. 3098 §8, 2003: Ord. 1691 §1(part), 1982)

Application for a variance shall be made by the owner of the affected property on a form prescribed by the Planning Director. The application shall be notarized and accompanied by necessary information including an ownership list, site and building plans, and other data as may be required by the Planning Director. The ownership list shall be prepared by a title insurance company, listing the owners of property adjoining the property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the County. The application shall be accompanied by the fee referenced in the fee schedule. (Ord. 3127 §25, 2003: Ord. 3121 §7, 2003: Ord. 3025 §25, 2001: Ord. 1691 §1(part), 1982)

   A.   Variances: An application for a variance from a provision of this title with respect to a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking provisions, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots or the size of lots, shall be considered by the Planning Commission with an appeal allowable to the City Council. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

   B.   Hearings And Notice: Notice of the public hearing shall contain a description of the property under consideration, a summary of the request, the time and place of the hearing, and any other pertinent information. Such notice shall be mailed to owners of property adjoining the subject property not less than fifteen (15) days prior to the date of the hearing. After notice, the Planning Commission shall hold a public hearing on the variance request between twenty-one (21) and sixty (60) days after the completed application is accepted by the Planning Director. The Planning Commission shall determine whether the conditions required in section 17.09.620 of this chapter are satisfied and may approve, deny, deny without prejudice or require such changes in the proposed use or impose such conditions of approval necessary to satisfy the purposes of this title. A copy of the Planning Commission decision shall be mailed to the applicant and the Director shall make the commission's decision available for public inspection. A determination of the Planning Commission shall become final fifteen (15) days after the date of the decision, unless it is appealed to the City Council pursuant to subsection 17.09.125B of this chapter. (Ord. 3674 §20, 2021: Ord. 3600, 2018: Ord. 3121 §8, 2003: Ord. 2894 §1, 1998: Ord. 1844 §10, 1984: Ord. 1691 §1(part), 1982)

A variance may be granted only when the applicant has demonstrated that all of the following conditions are present:

   A.   There is an undue hardship because of the physical characteristics of the site.

   B.   The variance is not in conflict with the public interest.

   C.   The granting of said variance will be in conformance with the comprehensive plan. (Ord. 3059 §6, 2002: Ord. 1844 §11, 1984: Ord. 1691 §1(part), 1982)

An appeal by an affected person may be taken to the city council in accordance with subsection 17.09.125B of this chapter. In considering the appeal, the city council shall determine whether the conditions required by section 17.09.620 of this chapter are present, and may approve, deny, deny without prejudice or require such changes in the proposed use or impose such conditions of approval necessary to satisfy the purposes of the zoning ordinance. (Ord. 1844 §12, 1984: Ord. 1691 §1(part), 1982)

Unless a different termination date is prescribed, the variance shall terminate one year from the date of approval, unless actual construction, alteration or commencement of activities has begun under valid permits within such period, or is not pursued diligently to completion. However, such period of time may be extended upon written request filed with the planning commission at any time before the period has expired, for a period not exceeding one additional year. In the event of a violation of any of the provisions of the zoning ordinance or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after notice and hearing, revoke any variance. Any revocation hearing shall comply with the procedures prescribed in subsection 17.09.615B of this chapter. No reapplication for the same or a similar variance may be made within one year from the date of previous denial, unless such denial was made without prejudice. (Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the ADMINISTRATIVE APPEAL PROCEDURE. The purpose of these provisions is to prescribe the procedure by which an appeal may be taken to the city council from an administrative determination or interpretation made by the planning commission, city engineer, or the director of planning, or their designee under the zoning ordinance. This procedure shall apply to all appeals from such determinations and interpretations unless otherwise provided. (Ord. 3127 §26, 2003: Ord. 3098 §9, 2003: Ord. 3064 §20, 2002: Ord. 3025 §26, 2001: Ord. 2934 §65, 1999: Ord. 1691 §1(part), 1982)

An appeal may be taken to the City Council by an aggrieved party, from any administrative determination or interpretation made by the Planning Commission, City Engineer or the Planning Director, or their designees, under the zoning ordinance, except where provided by the zoning ordinance that a decision by the Planning Commission is final. Such written appeal shall be filed with the Planning Director or designee within fifteen (15) days following the date of the Planning Commission decision. The appeal shall state specifically the objections to the decision or abuse of discretion or wherein a decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review, and by the fee as referenced in the fee schedule. (Ord. 3674 §21, 2021: Ord. 3127 §27, 2003: Ord. 3064 §21, 2002: Ord. 3025 §27, 2001: Ord. 2934 §66, 1999: Ord. 1691 §1(part), 1982)

   A.   Timing And Notice: The city council shall fix the time for consideration thereof and shall hear such appeal between fifteen (15) and forty (40) days after filing. Before ten (10) days prior to the hearing date, written notice shall be given to the appellant and to any known adverse parties, or their representatives, of the time and place of the hearing on the appeal.

   B.   City Council Action: The city council shall hold a public hearing. In its review of an administrative appeal, the council shall consider the purpose and intent, as well as the language, of the pertinent provisions, and shall affirm with conditions, modify or reverse the determination or interpretation within forty (40) days of the hearing. (Ord. 1691 §1(part), 1982)

The provisions of this article shall be known as the ENFORCEMENT PROCEDURES. The purpose of these regulations is to ensure compliance with the zoning ordinance. These provisions shall apply to the enforcement of the zoning ordinance but shall not be deemed to exclude other measures. (Ord. 3098 §10, 2003: Ord. 1691 §1(part), 1982)

All officials, departments, and employees of the city vested with the authority to issue permits, certificates or licenses shall adhere to, and require conformance with, the zoning ordinance. (Ord. 1691 §1(part), 1982)

Any use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the zoning ordinance, excepting approved nonconforming uses, is unlawful and a public nuisance, and may be abated by a stop work order for noncompliance. (Ord. 1691 §1(part), 1982)

Any person, firm, or corporation who violates or causes another person to violate any provision of the zoning ordinance or noncompliance with an approved PUD is guilty of a misdemeanor as provided in section 1.28.010 of this code. A violator may be deemed guilty of a separate offense for each and every day during any portion of which a violation of the zoning ordinance is committed, continued, or permitted. (Ord. 3257 §2.27, 2006: Ord. 2049 §49, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3328 §20, 2008: Ord. 3268 §29, 2006: Ord. 3098 §11, 2003: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3328 §21, 2008: Ord. 3268 §30, 2006)

(Rep. by Ord. 3328 §22, 2008: Ord. 3268 §31, 2006)

(Rep. by Ord. 3328 §23, 2008: Ord. 3268 §32, 2006)

(Rep. by Ord. 3328 §24, 2008: Ord. 3268 §33, 2006)

(Rep. by Ord. 3328 §25, 2008: Ord. 3268 §34, 2006)

The provisions of this article shall be known as the MEDIATION PROCEDURES. The purpose of these regulations is to allow the option of mediation as part of the planning and zoning public hearing process. (Ord. 3299 §18, 2007)

In accordance with Idaho Code section 67-6510, the option of mediation is provided for as part of the planning and zoning public hearing process of the city of Coeur d'Alene. Any zoning, development or special permit application governed by title 16 of this code and this title are subject to this mediation option. (Ord. 3299 §19, 2007)

A person requesting mediation shall follow the procedures established in Idaho Code 67-6510. (Ord. 3299 §20, 2007)