§ 22.232

The Type IV Review is a discretionary process for reviewing legislative applications that require Board approval. This process requires a public hearing and may include public notification of the application by publication, mail, and a sign posted on the property.

(Ord. 2019-0004 § 1, 2019.)

The Board is the Review Authority for an application that requires a Type IV Review. The Commission shall review the application at a public hearing and make a recommendation to the Board. If the Commission recommends approval, the Board shall review the application at a public hearing. If the Commission recommends denial, the Board shall not be required to take further action, but may review the application at a public hearing if the application is appealed.

(Ord. 2019-0004 § 1, 2019.)

22.232.030 - Application and Review Procedures.

A.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

B.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

C.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

D.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

E.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

(Ord. 2019-0004 § 1, 2019.)

22.232.040 - Commission and Board Actions.

A.

Commission Action.

1.

Public Hearing. The Commission shall hold a public hearing in compliance with Sections 22.222.120.B (Public Hearing) and 22.222.120.C (Continued Public Hearing).

2.

Findings.

a.

The Commission shall make findings in compliance with Section 22.222.200.A (Findings).

b.

The Commission may recommend approval or denial based on the findings required by Subsection A.2.a, above, and this Subsection A.2.b.

i.

The Commission may:

(1)

Recommend approval only after making all of the required findings;

(2)

Recommend approval contingent upon compliance with applicable provisions of other ordinances; or

(3)

Recommend conditions of use deemed reasonable and necessary to ensure that the approval will be in compliance with any findings made by the Commission.

ii.

The Commission shall recommend denial of the application if one or more of the required findings are not made.

3.

Commission Recommendation.

a.

Recommendation of Approval. A recommendation of approval by the Commission shall be by resolution carried by the affirmative vote of not less than three of its members. Such recommendation is final and conclusive and may not be reconsidered by the Commission except upon a referral by the Board.

b.

Recommendation of Denial. A recommendation of denial by the Commission shall not require further action by the Board. The action of the Commission shall become final in accordance with Section 22.222.230 (Effective Date of Decision and Appeals) unless an appeal is timely filed to the Board, in compliance with Chapter 22.240 (Appeals).

4.

Notice of Action. The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

B.

Board Action.

Public Hearing. After receipt of the Commission's recommendation for approval, the Board shall hold a public hearing and shall give notice of public hearing pursuant to Section 22.222.120.B.2 (Notice of Public Hearing).

2.

Board Action on Commission Recommendations. The Board may approve, modify, or reject the recommendation of the Commission, provided:

a.

For a Zone Change, Ordinance Amendment, or Plan Amendment, any modification of the recommendation of the Commission by the Board that was not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing for consideration of said report and recommendation; and

b.

Failure of the Commission to report within 40 days after the reference, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

3.

Notice of Action. The Board shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.234 - INTERPRETATIONS