Ordinance 2530-01 - Laserfiche WebLink

prior to the expiration date specified by section 1 of this subsection, and that the Planning Department finds that the applicant has made a good faith effort to obtain the appropriate permit within the specified time frame. The decision of the Planning Department shall be final, subject to the applicant filing a written appeal to the Board of Adjustment within ten(10) days of the date of the decision of the Planning Department. The Board of Adjustment shall hold an open record appeal hearing and shall provide notice in accordance with the public notice and appeal sections of this Ordinance (see Chapter 6). The open record appeal hearing on a denial of an extension shall be considered a separate action and is not barred by the limitation on a single open record hearing for the variance application. 5. Denial of a Variance. Denial of a variance or a modification of an approved site plan shall become effective as of the date set forth in the order. No person shall be allowed to apply for the same variance or modification on the same site within one year following the effective date of the order denying the variance or modification. Any appeal shall be to Superior Court in accordance with the appeal section of this Ordinance(see Chapter 6, Section 4). SECTION 6: REVIEW PROCESS VA: Planning Commission and City Council Review—Public Hearing Required A. City Council Decisionmaking. Two types of discretionary decisions are made by City Council. One type of decision relates to legislative decisions and shall be governed solely by Chapter 8 of this Ordinance(see paragraph D in this section for an illustrative list of these actions). A second type is a quasi-judicial decision that relates to an approval of a specific proposed project on specific property,which shall follow Review Process IIIB and Review Process VA and VB procedures in this chapter. This type of decision does not include a request to City Council to authorize or fund a City project or to participate in a project that will subsequently be applying for a land use permit (which shall be legislative decisions). B. Review Process VA. Review Process VA applies and is limited to land use permit applications that require a recommendation by the Planning Commission and a decision by the City Council. These quasi-judicial actions include: 1. Adoption of a"Planned Development" Overlay Zone or rezone or other zoning revision that is not of area-wide significance or general applicability. 2. Adoption of institutional overlay zone that is not of area-wide significance or general applicability as provided by EMC 19.33.B.030 3. Changes or revisions to institutional overlay zone master plan which are not consistent with prior city council approval (EMC 19.33.B.060) 4. Modification of design criteria for design overlay zone as provided by EMC 19.31.070 5. PRD proposal requiring a comprehensive plan change 6. Special aviation uses in the Zoning Code(EMC 19.41.150.d) 24