§ 138-81. Type 1 review.

(a)

Purpose. Type 1 review is an administrative process to ensure that development projects, land usages, and activities comply with the minimum provisions of this Code. A Type 1 process is intended to be a clear and objective review.

(b)

Application types. A Type 1 review is required for the following applicable types:

(1)

The applications/requests designated to the Type 1 review as listed in Table 138-77.

(2)

Other authority as allowed in this Code.

(c)

Performed by. Type 1 review is performed by one of the following authorities:

(1)

Department review. Considered a Type 1—Path A review, the applicable county department, as determined by the county administrator, may review and provide action on any application requiring Type 1 review unless specifically assigned to the development review committee (DRC) below. Department reviews may occur for applications/requests pursuant to Table 138.81.a.

(2)

Development review committee (DRC). Considered a Type 1—Path B review, the DRC reviews applications/request pursuant to Table 138.81.a.

Table 138.81.a—Type 1 Reviewing Authorities by Application and Request Type further identifies which reviewing authority is tasked with each application/request.

Table 138.81.a — Type 1 Reviewing Authorities by Application and Request Type
Type 1 Review Path	Path A	Path B
Reviewing Authority	Department Review	Development Review Committee (DRC)
Applications/ Requests (*)   (*) The application/requests are based on Table 138-77	• Type 1 uses NOT requiring or part of a site plan • Code Interpretations • Minor development activity • Minor modifications, including site plans • Waivers NOT involving or part of a site plan • Administrative adjustments NOT involving a site plan AND up to 10% adjustment of a dimension standards. • Zoning clearance letters • Signs • Environmental permits (county) • Right-of-way utilization permits • Temporary use permits • Lot line adjustments and lot splits (no plats) • Time extensions • Other actions and powers that are not specifically assigned to a higher review authority, as established by the Code.	• Type 1 uses requiring or part of a site plan • Waivers involving or part of a site plan • Administrative adjustments involving a site plan and/or up to 20% adjustment of a dimensional standard. • Site plans • Other authority as provided by this Code.

 

(d)

Result. Type 1 reviews will result in one of the following actions based on application type.

(1)

For code interpretations and zoning clearance letters, the applicable department will issue a written determination of the requested property and/or land use issue.

(2)

For Type 1 uses not involving a site plan, the applicable department will issue a determination whether the use is permitted or not permitted based on code requirements.

(3)

For Type 1 uses involving site plans, preliminary plats, and/or preliminary right-of-way transfers, the DRC will issue a written determination of approval, approval with conditions, or denial based on code requirements.

(4)

For waivers and administrative adjustments, the reviewing authority will issue a written determination of approval, approval with conditions, or denial base on the provisions of the Code.

(e)

Appeal process and authority. Type 1 review decisions may be appealed as per Table 138.77 and per section 134-14.

(f)

Review procedures.

The following Table 138.81.b—Type 1 Review Procedure, outlines the general review procedures for Type 1 submittals.

Table 138.81.b — Type 1 Review Procedure
Type 1 - Path A Review Department Reviews   Applications/Reviews    ■ Type 1 uses not involving or part of a site plan  ■ Code Interpretation  ■ Minor Development Activity  ■ Minor Modifications, including site plans  ■ Waivers & Administrative Adjustments up to 10% and NOT involving or part of a site plan  ■ Zoning Clearance Letters  ■ Signs  ■ Environmental Permits (County)  ■ Right-of-Way Utilization permits  ■ Temporary Use Permits  ■ Lot Line Adjustments and Lot Splits  ■ Time Extensions  ■ Other authorized authority		Type 1—Path B Review Development Review Committee (DRC)   Applications/Reviews    ■ Type 1 uses requiring or part of a site plan  ■ Waivers involving or part of a site plan  ■ Administrative Adjustments involving a site plan and/or up to 20% adjustment of a dimensional standards  ■ Site Plans  ■ Other authorized authority
↓		↓
Pre-Application Meeting (optional) County Staff
↓		↓
Reviewing and Action Body Department Review		Reviewing and Action Body Development Review Committee (DRC)
↓		↓
Result  ■ Administrative Findings  ■ Written Determination of action AND/OR  ■ Permit		Result  ■ Written Determination of action
↓		↓
Appeal Process  ■ 1st Appeal - Board of Adjustment and Appeals (BAA)  ■ 2nd Appeal - Circuit Court		Appeal Process  ■ 1st Appeal - Board of Adjustment and Appeals (BAA)  ■ 2nd Appeal - Circuit Court

 

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)