Review procedures.
1. An application shall be submitted to the Community and Neighborhood Services Department (CNS) that includes:
a. Site plan with scaled dimensions showing the placement of all structures.
b. Elevation sketches that are detailed and scaled or photographs of the front and side elevations of all proposed structures.
c. Additional information as reasonably necessary to assure compliance with standards.
2. CNS shall provide public notice to all properties within 300 feet of the infill property.
3. CNS shall approve, approve with conditions, or deny an application within 21 days, but not sooner than 15 days, after public notice is given. This time period may be extended upon mutual agreement of the applicant and the City. No decision within this time period shall be a denial.
4. For infill properties also requiring site plan approval, the Planning Commission shall conduct the infill design review.
5. Expiration of approval. An infill review is valid for 18 months. If a building permit is not issued within the eighteen-month approval period, the infill review expires. Infill reviews may be eligible for a one-year extension if application is made and approval is granted prior to the original expiration date.
Appeals procedure.
1. Any noticed resident may request that the Planning Commission undertake the infill design review instead of the CNS Department, if a written request is received by the CNS Department no later than 15 days after the notice was postmarked.
2. Appeal of CNS decision.
The applicant or a noticed resident may appeal a CNS Department decision no more than 10 days after approval by providing a written request to the Planning Commission.
a. If a noticed resident appeals the CNS decision, they shall specify how the proposed design, in their opinion, does not meet the standards of this section. The appeal shall stay all further proceedings and shall be heard by the Planning Commission at its next regularly scheduled public hearing. The Planning Commission shall review only the resident's specified concerns with the proposed design to determine if the design meets the standards of this section, in the opinion of Planning Commission. The Planning Commission shall then sustain or modify the CNS Department's determination.
3. Appeal of a Planning Commission decision.
The applicant may appeal the Planning Commission decision within 10 days of the Planning Commission decision by providing a written request to the Board of Appeals. The appeal shall stay all further proceedings and shall be heard by the Board of Appeals at its next regularly scheduled public hearing. The Board of Appeals shall then sustain or modify the Planning Commission's determination.
4. Appeal of a Board of Appeals decision.
The applicant may appeal the Board of Appeals decision to Circuit Court.
