1. A single development review process is established in order to provide a uniform and consistent method for evaluating and reviewing all annexed land pursuant to Section 17.12.040 of this title, expansion of nonconforming uses or modifications to nonconforming buildings pursuant to Section 17.56.050, changes to nonconforming uses pursuant to Section 17.56.040, conditional uses pursuant to Chapter 17.76, zoning variances pursuant to Chapter 17.80 and building height variances pursuant to Section 17.60.160.
2. No person shall commence construction of buildings pursuant to an approval of a conditional use, a nonconforming review, a height review, a planned unit review, a historic district overlay or an environmental district overlay review without first complying with all requirements of this title and such approval.

(Ord. 851 (part), 1993; Ord. 831 § 10.13, 1992)

1. Pre-Application Conference. Upon request of an applicant, the planning department will hold a pre-application conference with an applicant for a development review to respond to questions regarding development review procedures, related city requirements and information required in an application.
2. Application. A person having a demonstrable property interest in land to be included in a development review may file an application for approval on a form provided by the planning department, that shall include, without limitation, the following:
   1. The written consent of the owners of all property to be included in the development;
   2. A list of property owners within three hundred (300) feet;
   3. An improvement survey, including all easements;
   4. Development plans including site, landscaping, drainage plans, building plans and building elevations as applicable;
   5. A written statement addressing the criteria for approval; and
   6. Any other information that the applicant wishes to submit.
   In addition, the submitted application shall include all additional information required in the various specific requirements, for the type of review requested, and the fee as adopted by city resolution, for the type of review requested. A schedule of fees is available at the planning department.
3. Combined Reviews. If a development proposal, by its nature, requires more than one type of approval under this title, the following will apply in addition to other requirements of this chapter:
   1. Only one fee shall be collected and it shall be the larger of the amounts prescribed by the fee schedule outlined in the resolution.
   2. The notice requirements of subsection D of this section shall be met for each individual type of approval required, although such notices may be combined in one posting, one publication and one hearing. However, should one of the applicant’s requests require a time period prior to becoming lawful, and the action of one application requires the approval of the other, the appropriate board may attach a stipulation to the other particular requests, whereas approval is contingent upon the subject application becoming lawful.
   3. The applicant shall provide all information required by subsection B of this section and shall additionally provide any additional application material or information required.
   4. The approving agency shall apply the criteria for each type of approval required in reviewing combined development proposals.
4. Public Notice of Application. The city planning department will provide the following public notice of a development review application:
   1. After receiving such application and at least ten (10) days prior to any decision, the city planning department will post the property for which the application is filed with a notice indicating that a development review application has been made, the type of review requested, and that interested persons may obtain more detailed information from the planning department.
   2. After receiving such application, the city planning department will notify by first class mail, the owners of properties located within three hundred (300) feet of the boundaries of the land included in the application. The notice will indicate that a development review application has been filed, the type of review requested, that such persons may review the application during the planning department’s regular business hours, that they may request a copy of the city planning department’s recommendation or decision on the application, and that public hearings may be held before the planning and zoning commission or board of adjustment for which only published, rather than personal, notice will be provided. The purpose of such mailed notice is to reasonably inform surrounding property owners of an application for development review. If at or prior to a public hearing before an approving agency an omission or defect in the mailing is brought to the agency’s attention, the agency will determine whether the omission or defect would impair or had impaired a surrounding property owner’s ability to participate in the public hearing. Upon such a finding, the agency shall continue the hearing for at least ten (10) days. Any omission or defect in the mailed notice that is not brought to the agency’s attention or that the agency finds did not impair a surrounding property owner’s ability to participate in the hearing does not affect the validity of the development review proceeding.

(Ord. 831 § 10.14, 1992)

1. City Planning Department Review and Recommendation. No development review application shall be accepted unless and until it is determined to be complete. Within twenty-five (25) days of receiving a complete application, the city planning department shall review the application and provide the applicant with a list of any recommended modifications. Thereafter, the city planning department shall either grant the application in whole or in part, with or without modifications and conditions, deny it, or refer it to the appropriate approving agency for review or decision, as provided in this title, for the type of review requested. The city planning department will transmit by mail or otherwise a written recommendation or decision and findings to the applicant, the appropriate approving agency or appeal body, and by mail only to the owners of property to whom notice was mailed who have requested it. The city planning department’s recommendation or decisions will specifically set forth in what respects the application meets or fails to meet the standards and criteria required by this code, for the type of review requested. A decision not referred to, appealed to, or called up by the appropriate approving agency is final fourteen (14) days after the date of mailing.
2. Board Review and Recommendation. A development review application may be referred by the city planning department or the planning and zoning commission for a decision of the board of adjustment. The decision of the city planning department may be appealed to or called-up by the board for review, public hearing and decision as follows:
   1. Referral. The city planning department shall refer to the appropriate approving agency any application for development review for which referral is required under this title, and any other application which the city planning department deems appropriate.
   2. Appeal.
      1. The applicant, any of the owners of the property to whom notice is mailed or any interested person may appeal the city planning department’s decision to grant or deny an application to the planning and zoning commission or board of adjustment, as appropriate, by delivering a written notice of appeal to the city planning department within fourteen (14) days of the decision.
      2. The planning and zoning commission may call-up for review any development review application upon which the city planning department has acted within fourteen (14) days of the planning department’s action.
      3. On any application that it calls up, the commission shall hold a joint public hearing under the procedures prescribed, after publishing notice as provided in this chapter. After having considered all comments offered and all of the evidence and testimony presented; and, after discussion and consideration of the application, the planning and zoning commission shall recommend to the board of adjustment, as appropriate, a recommendation to approve, approve with conditions or deny the application. Within thirty (30) days of the public hearing or within such other time as the board of adjustment and applicant mutually agree, the board of adjustment shall either grant the application in whole or in part, with or without modifications and conditions, or deny it. The findings of fact shall specifically set forth in what respects the development review application meets or fails to meet the standards and criteria required by this title, for the type of review requested.
3. Building Permit Pending Appeal. A building permit may be applied for after the initial approval of a development review application, but no building permit shall be issued until after any and all applicable call-up or appeal periods have expired. An applicant for such a permit bears all risks of subsequent disapproval and waives any vested rights or claims arising from the permit application.
4. Judicial Review. Exhaustion of administrative remedies is a prerequisite to judicial review of any decision made under this chapter.

(Ord. 831 § 10.15, 1992)