§ 138-82. Type 2 review.

(a)

Purpose. Type 2 review is a public hearing process to ensure that development projects, land usages, and activities comply with the minimum provisions of this Code and are consistent with the comprehensive plan. A Type 2 process requires the board of adjustment and appeals (BAA) to determine the appropriateness of certain applications/requests at specific locations within the county.

(b)

Application types. A Type 2 review is required for the following applicable types:

(1)

The applications/requests designated to the Type 2 review as listed in Table 138-77 and Table 138-355 (article III, division 3).

(2)

Other authority as provided by this Code.

(c)

Performed by. Type 2 review is performed by the following authorities:

(1)

Development review committee (DRC). The DRC reviews the application/request, writes a staff report, and provides a recommendation to the BAA.

(2)

Board of adjustment and appeals (BAA). The BAA reviews the application/request, conducts a public hearing, and takes final action on Type 2 uses and variances to code standards.

(d)

Result. Type 2 reviews will result in a notice of official action.

(e)

Appeal process and authority. Type 2 review decisions may be appealed per Table 138.77 and per section 134-14.

(f)

Review procedures.

(1)

The applicant shall file a formal application with the applicable department as determined by the county administrator.

a.

The application shall include, at a minimum:

1.

Applicant, owner, and property information.

2.

Description of the request.

3.

A conceptual plan or drawing illustrating the request. Plans shall be drawn to scale and show the property boundaries, proposed improvements and connections to the roadway system.

b.

The following Table 138.82.a, Type 2 Review Procedure, outlines the general review procedures for Type 2 submittals.

Table 138.82.a — Type 2 Review Procedure

Applications/Reviews
 
 ■ Type 2 uses - establishment of new or major modifications thereof
 ■ Variances
 ■ Modification, expansion, redevelopment, revocation, and/or re-establishment of nonconforming uses and structures
 ■ Other authority allowed by this Code

↓

Pre-Application Meeting (optional)
 
County Staff

↓

First Review and Recommendation Body
 
Development Review Committee (DRC)

↓

Reviewing and Action Body
 
Board of Adjustment and Appeals (BAA)

↓

Result
 
 ■ Written notice of official action

↓

Appeal Process
 
 ■ Circuit Court

 

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