This chapter establishes the procedures to process land use entitlements and development proposals in any land use zoning district. (Ord. 243, 10-15-2013)

   A.   This development code utilizes the following three (3) basic procedures to review all types of applications:

      1.   Public Hearing:

         a.   Formal Open Forum For Public Review: Public hearing procedures are distinguished by a formal open forum for public review of a proposal. During the course of the public hearing, the applicable review authority invites public testimony for and against the land use proposal, reviews evidence and then renders its decision in compliance with chapter 9.85, "Public Notices And Hearings", of this title. A public hearing may be conducted before the council, the commission, or the director.

         b.   Review Evidence And State Relative Positions: Public hearing procedures shall be used to give all interested parties an opportunity to review the evidence and to state their relative positions in a common public forum before the applicable review authority.

      2.   Staff Review With Notice:

         a.   Based Upon Specific Findings Or Conditions: Staff review with notice procedures are distinguished by land use decisions that are based upon specific findings or conditions that limit the discretion of the applicable review authority.

         b.   Rendering Of A Decision With Notice: Staff review with notice procedures shall provide written or published notice given to affected and interested parties followed by a decision by the applicable review authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the review authority renders its decision.

Such notice will be given at least fifteen (15) days prior to the scheduled hearing date. If no response has been received by the town five (5) days prior to the scheduled hearing date and the applicant has no objections to the conditions of approval, the community development director may elect not to hold a formal hearing.

      3.   Staff Review Without Notice:

         a.   Decisions Based Upon Adopted Standards: Staff review without notice procedures are distinguished by land use decisions made by the applicable review authority based upon standards that have been adopted by the town as law or as policy.

         b.   Rendering Of A Decision Without Notice: Staff review without notice procedures shall be used when sufficient standards have been adopted by the commission or the council to allow the applicable review authority to render a decision without giving notice to surrounding property owners and other parties. (Ord. 243, 10-15-2013)

   A.   Table 4.1: Table 4.1, "Review Authority", of this section identifies the town official or authority responsible for reviewing and making initial decisions on each type of application or land use entitlement required by this development code, the nature of the initial decision (i.e., decision or recommend), and the nature of the response of the subsequent review authority.

   B.   Concurrent Processing: Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or disapproved by the highest review authority designated by this development code for any of the required applications (e.g., a project with applications for both a zoning map amendment and a conditional use permit shall have both applications decided by the council, instead of the commission acting on the conditional use permit as otherwise provided by table 4.1, "Review Authority", of this section).

 

Notes:

    1.    The director may defer action and refer any permit or approval application to the commission for final determination.

    2.    All decisions of the director are appealable to commission, and then to the council, in compliance with chapter 9.81, "Appeals", of this title.

    3.    The commission may refer consideration of an appeal to the council.

    4.    All decisions of the council are final.

    5.    "Recommend" means that the review authority makes a recommendation to a higher review authority; "appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with chapter 9.81, "Appeals", of this title.

 

(Ord. 243, 10-15-2013; Ord. 323, 11-19-2024)

   A.   A review authority may refer any application to the next succeeding review authority, based upon the following criteria:

      1.   Impact upon public services and facilities greater than typical for the type of project proposed;

      2.   Impact upon surrounding properties greater than typical for the type of project proposed;

      3.   Floor or site square footage greater than typically found in the type of project;

      4.   Intensity of use greater than typically found in the type of projects;

      5.   Operating characteristics not typical of the type of project proposed;

      6.   Other factors including, but not limited to, public opposition to development of the project;

      7.   The need for town interpretation of the general plan and/or development code as related to the project. (Ord. 243, 10-15-2013)