Sec. 65.399-2. - When Determination Review Procedures Apply.
The Determination procedures of this Part apply to all instances where this Chapter requires review through an official Determination, including providing clarification on how a particular code section applies to a property.
Process: Only a property owner or their representative may apply for a determination. The application must conform to the requirements below. No application shall be deemed accepted unless it is complete. Each application shall include the following, as applicable:
1. A Recent Boundary Survey including the location and species of each tree with a diameter at breast height of 10" or greater within the building site.
2. A Preliminary Site Plan and Landscaping Plan.
3. A description of the proposed development including any relevant information related to the request, such as hours of operation.
4. Architectural Elevations.
5. Document signifying the owner's approval or consent; or an Owners Affidavit.
6. Other additional material and information as the relevant Official may reasonably require.
Estoppel Letters - The City is not obligated to issue a Determination for any existing land improvements for compliance with the Land Development Code (i.e., Estoppel Letters).
Standards of Review: Upon acceptance of the application, the Official shall review and render a decision approving, approving with conditions, or denying the request. The Official making the Determination shall take into consideration the following Standards of Review:
Purpose and Intent. The purpose and intent and all other requirements of the Land Development Code.
Growth Management Plan. Whether the proposal is consistent with all applicable policies of the City's adopted Growth Management Plan.
Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, and appearance. Compatibility may be achieved through use of transitions in building height, buffers, fencing and landscaping, and does not necessarily require a project to be the same as the surrounding uses.
Adequate Public Facilities. The application would not overburden or otherwise adversely impact public facilities.
Public Health, Safety and Welfare. The application would not negatively affect the public health, safety, and welfare.
Other Matters. Any other lawful matter deemed appropriate and relevant to the specific proposal.
Conditions - When a determination is approved, the relevant Official may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Chapter, including the following:
(a) Limit the height, size, location of a building or other structure.
(b) Require modifications to the appearance of a building or structure, including location of windows and doors.
(c) Location and size of vehicular use areas including garages.
(d) Require a berm, screening, landscaping, or other similar means to buffer or protect nearby property and designate standards for installation or maintenance of same.
(e) Designate the size, height, location or materials for a fence or wall.
(f) Protect existing trees, vegetation, water resources, or other significant natural resources.
(g) Limit hours of operation.
(h) Specify other conditions to permit development in conformity with the intent and purpose of the Land Development Code and the adopted Growth Management Plan.
(Ord. No. 2022-57, § 1, 9-26-2022, Doc. #2209261205)
