Three separate procedures are established for processing quasi-judicial development applications (Types I, II, and III) and one procedure (Type IV) is established for processing both legislative public actions which do not involve land use permits or which require consideration of a plan amendment, land use regulation or city policies and quasi-judicial applications.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Type I decisions are made by the Planning Director or someone he or she designates without public notice or a public hearing. The Type I procedure is used when applying standards and criteria to an application requires no use of discretion. A decision of the Director under the Type I procedure may be appealed by an affected party or referred by the Director in accordance with Chapter 17.28.

Administrative Decision Requirements. The City Planning Official or designee's decision shall address all of the approval criteria, including applicable requirements of any road authority. Based on the criteria and the facts contained within the record, the City Planning Official shall approve or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall.

Type of Applications:

A.

Design review for single-family dwellings, duplex dwellings, manufactured homes on individual lots, manufactured homes within manufactured dwelling parks, accessory dwellings and structures.

B.

Design review for exterior building remodel or addition on a commercially or industrially zoned lot, where the proposed remodel or addition meets criteria in Subsection 17.90.40.A.

C.

Flood Slope and Hillside Development-Uses listed in Subsection 17.60.40.A.

D.

Minor Alteration of an Historic Resource.

E.

Property Line Adjustments.

D.

Tree removal involving less than 50 trees.

G.

Type I FSH Review.

H.

Minor Partition (no new street created).

I.

Administrative Variance.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Type II decisions are made by the Planning Director or designee with public notice, and an opportunity for a public hearing if appealed. An appeal of a Type II decision is heard by the Planning Commission according to the provisions of Chapter 17.28. Notification of a Type II decision is sent according to the requirements of Chapter 17.22. If the Director contemplates persons other than the applicant can be expected to question the application's compliance with the Code, the Director may elevate an application to a Type III review.

Types of Applications:

A.

Design Review, except Type I Design Reviews under Subsection 17.12.10.B. and Type III Design Reviews under 17.12.30.

B.

Historic Preservation Provisions Procedures for Alteration of an Historic Resource.

C.

Adjustments and Variances of up to 20 percent of a Quantifiable Dimension which does not increase density.

D.

Subdivisions in compliance with all standards of the Development Code.

E.

Partitions and Minor Replats.

F.

Flood, Slope and Hillside Development and Density Transfer-Uses listed in 17.60.40.

G.

Request for Interpretation.

H.

Tree Removal Permit (greater than 50 trees).

I.

Minor Conditional Use Permit.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Type III decisions generally use discretionary approval criteria and are made by the Planning Commission after a public hearing, in accordance with the provisions of Chapter 17.20. Appeal of a Type III decision is heard by the City Council according to the provisions of Chapter 17.28. Notification of a Type III decision is sent according to the requirements in Chapter 17.22. The Planning Commission may attach certain development or use conditions beyond those warranted for compliance with the standards in granting an approval if the Planning Commission determines the conditions are necessary to avoid imposing burdensome public service obligations on the City, to mitigate detrimental effects to others where such mitigation is consistent with an established policy of the City, and to otherwise fulfill the criteria for approval. If the application is approved, the Director will issue any necessary permits when the applicant has complied with the conditions set forth in the Final Order and other requirements of this Code.

Types of Applications:

A.

Appeal of a Director's decision.

B.

Conditional Use Permit.

C.

Design Review for projects on commercially or industrially zoned lots where the applicant has requested Type III Design Review or the Director has determined that the request involves one or more deviations from the design standards in Chapter 17.90.80 or 17.90.90 (C-1 Design Standards and C-2/I-1/I-2 Design Standards) and such deviation is not subject to an Adjustment or Variance process under 17.66.

D.

Flood, Slope, and Hillside Development-Uses not listed in 17.60.20 A. and B.

E.

Major Amendment to a Specific Area Plan.

F.

Special Variance.

G.

Subdivisions and Major Replats that are elevated by the Director or not in conformance with the Development Code.

H.

Variances greater than 20 percent of a quantifiable dimension or variances which increase density.

I.

Village Concept Plan and Village Master Plan.

J.

Zoning map amendment, where the proposal comprises one parcel (or multiple parcels covering a small area) and the proposed zoning conforms to the Comprehensive Plan Map.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Type IV decisions are usually legislative but may be quasi-judicial.

Type IV (Quasi-Judicial) procedures apply to individual properties. This type of application is generally considered initially by the Planning Commission with final decisions made by the City Council.

Type IV (Legislative) procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments that apply to entire districts, not just one property). Type IV matters are typically considered first by the Planning Commission with final decisions made by the City Council. Occasionally, the Planning Commission will not consider a legislative matter prior to its consideration by the City Council.

Applications processed under a Type IV procedure involve a public hearing pursuant to the requirements of Chapter 17.20. Notification of this public hearing shall be noticed according to the requirements of Chapter 17.22 with appeal of a Type IV decision made to the state Land Use Board of Appeals according to the provisions of Chapter 17.28.

A.

The City Council shall consider the recommendation of the Planning Commission and shall conduct a public hearing pursuant to Chapter 17.20. The Director shall set a date for the hearing. The form of notice and persons to receive notice are as required by the relevant sections of this Code. At the public hearing, the staff shall review the report of the Planning Commission and provide other pertinent information, and interested persons shall be given the opportunity to present new testimony and information relevant to the proposal that was not heard before the Planning Commission and make final arguments why the matter should or should not be approved and, if approved, the nature of the provisions to be contained in approving action.

B.

To the extent that a finding of fact is required, the City Council shall make a finding for each of the applicable criterion and in doing so may sustain or reverse a finding of the Planning Commission. The City Council may delete, add or modify any of the provisions pertaining to the proposal or attach certain development or use conditions beyond those warranted for compliance with standards in granting an approval if the City Council determines the conditions are appropriate to fulfill the criteria for approval.

C.

To the extent that a policy is to be established or revised, the City Council shall make its decision after information from the hearing has been received. The decision shall become effective by passage of an ordinance.

D.

Types of Applications:

1.

Appeal of Planning Commission decision.

2.

Comprehensive Plan text or map amendment.

3.

Zoning District Map changes.

4.

Village Specific Area Plan (master plan).

5.

Annexations.

6.

Extension of City Services Outside the City Limits.

7.

Vacating of Public Lands and Plats.

8.

Zoning Map Overlay Districts.

9.

Alternative Wastewater System Permits.

E.

Timing of Requests. The City accepts legislative requests twice yearly, in March and September. The City Council may initiate its own legislative proposals at any time.

(Ord. No. 2021-16, § 2(Exh. B), 8-16-2021; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024; Ord. No. 2025-17, § 1(Exh. A), 9-15-2025)