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(1) Purpose

The purpose of development review is to provide guidance and direction in the physical improvements of properties within the City through the review of all aspects of a proposed development, including, but not limited to, design review, site planning, and the relationship of the development to the surrounding environment and the community. Development review shall promote development that is safe, attractive, and compatible with surrounding areas and the City at large.

(2) Applicability

a. Activities Subject to Development Review

1. Development review is required prior to the issuance of a building permit and construction of physical improvements. Development review is required for all development subject to this Code, including signs, landscaping, site layout, and use associated with:

i. New building construction;

ii. Newly established uses of land;

iii. Expansions, alterations, or modifications of existing structures or sites for commercial, public, semi-public, and multifamily residential uses of property within the City that result in increased occupancy or intensity of use; and

iv. Creation or expansion of any vehicular parking area.

2. Development review is not required for:

i. Detached single-family residential uses in single-family zones, and associated accessory buildings and uses, which are subject to Section 8.4.C, Single-Family Residential Review; and

ii. Interior tenant alterations or improvements that do not increase parking requirements or alter exterior building appearances; and

iii. Projects that fall underneath the thresholds for minor development review in Table 8.2.

b. Thresholds for Development Plan Review

Development plan review is conducted by the Director or the Planning and Zoning Commission, based on the thresholds in Table 8.2 below:

Table 8.2 Applicability Thresholds for Development Review

Type of Development

Minor Development Review
(Director)

Major Development Review
(Planning and Zoning Commission)

RESIDENTIAL

Multifamily residential

Between 5 and 10
dwelling units

11 or more dwelling units

NONRESIDENTIAL

Any new building

Between 2,000 and 5,000 square feet gross floor area (individually or cumulatively)

5,000 or more square feet gross floor area (individually or cumulatively)

Any newly established use of land

Any expansion, alteration, or modification of existing structure or site

Notes: See exceptions to development review thresholds in Section 8.4.A(2)c. Projects with fewer than five residential units are reviewed pursuant to Section 8.4.C, Single-Family Residential Review. Projects with less than 2,000 nonresidential square feet are reviewed as part of the building permit application.

c. Exceptions to Development Review Thresholds

1. Director Referral to Planning and Zoning Commission

The Director may require any of the following minor building improvement items to be considered by the Commission at a public hearing on the basis of location or visual impacts, or in conjunction with other aspects of overall site development or improvement:

i. Signs;

ii. Fences or walls;

iii. Exterior stairways, porches, or balconies;

iv. Exterior repair or replacement of existing siding and trim;

v. Reroofing;

vi. Exterior painting; and/or

vii. Other similar minor improvements as determined by the Director.

2. Director Approval of Certain Major Projects

i. The Director may approve the following types of expansions, alterations, or modifications to development projects or sites that would otherwise be subject to major development review and approval by the Commission per Table 8.2:

a. Interior alterations or modifications that do not increase the overall gross floor area of a building; and/or

b. Minor exterior alterations or additions to a building that do not exceed five percent of the gross square footage of the building, provided they are architecturally compatible with the existing building.

ii. Notwithstanding subsection 8.4.A(2)c.2.i above, the Director may require such expansions, alterations, or modifications to be considered by the Commission at a public hearing on the basis of location or visual impacts, or in conjunction with other aspects of overall site development or improvements.

(3) Minor Development Review: Application Submittal and Review Procedure

Figure 8-2 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to minor development review. Additions or modifications to the common review procedures are noted below.

Figure 8-2: Minor Development Review

a. Pre-Application Meeting

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

b. Application Submittal and Handling

The minor development review application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

c. Staff Review and Action

1. While no notice of public hearing is required, the City shall provide notice of all minor development review applications to the owners of all properties adjacent to the subject property, including those across a street or right-of-way.

2. The Director shall review the minor development review application and approve, approve with conditions, or deny the application in accordance with Section 8.3.E, Staff Review and Action, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

3. Alternatively, the Director may refer the application to the Planning and Zoning Commission pursuant to Section 8.4.A(2)c.1, Director Referral to Planning and Zoning Commission.

(4) Major Development Review: Application Submittal and Review Procedure

Figure 8-3 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to major development review. Additions or modifications to the common review procedures are noted below.

Figure 8-3: Major Development Review

a. Pre-Application Meeting

1. A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

2. Depending on the size and scale of the development proposal, the Director may recommend or require, or the applicant may request, a preliminary conceptual review hearing with the Planning and Zoning Commission. Such hearing shall be scheduled as a public hearing before the Commission and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

b. Application Submittal and Handling

The major development review application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

c. Citizen Review Process

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

d. Staff Review and Action

1. The Director may review and approve, approve with conditions, or deny those types of projects submitted for major development review as listed in Section 8.4.A(2)c.2, Director Approval of Certain Major Projects.

2. For all other major development review applications, the Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

e. Scheduling and Notice of Public Hearings

The major development review application shall be scheduled for a public hearing before the Planning and Zoning Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

f. Review and Decision (Planning and Zoning Commission)

The Planning and Zoning Commission shall review the major development review application and approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

(5) Post-Decision Actions and Limitations for Development Review (Minor and Major)

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

a. No Building Permit without Approval

No building permit shall be issued until the development review application and all other associated applications have been approved and any applicable appeal period is exhausted.

b. Implementation Procedures

1. Prior to the issuance of a building permit, the Director shall determine that the submitted plans for the building permit substantially conform to those approved by the Director, the Commission, or Council and that the time period for approvals has not expired. An approval stamp and the date of the approval shall indicate that the plans are in conformity.

2. Any conditions prescribed by the Director, the Commission, or Council shall be considered an integral part of the construction plans. The conditions of approval shall be noted or depicted on all plans that may be required by applicable City departments.

3. Upon completion of the development, the Director and all applicable reviewing agencies involved with the development review proposal shall conduct a site investigation to assure compliance with all applicable conditions of approval prior to the issuance of a Certificate of Occupancy.

4. Any building, structure, or sign that has been constructed or installed without the approval of the Director, the Commission, or Council, as applicable, may be ordered removed at the applicant’s expense. Modifications, alterations, or changes to approved plans shall not be authorized without specific review and approval. Proposed revisions shall be submitted for consideration in the same manner as a new application.

5. Noncompliance with approved plans and conditions shall be grounds for the Director to either stop the work on the project or to deny a Certificate of Occupancy, as described in Section 1.7.C, Enforcement Actions or Proceedings .

6. Any building, structure, plant, material, or sign that has been approved by the Director, Commission, or Council and has been constructed or installed in accordance with approved plans shall be maintained in accordance with said approvals by the owner or person in possession of the property on which the building, structure or sign is located.