Chapter 14.80 TYPE 6 PERMITS (PRELIMINARY PLATS AND SITE-SPECIFIC REZONES)

Chapter 14.80
TYPE 6 PERMITS
(PRELIMINARY PLATS AND SITE-SPECIFIC REZONES)

Sections:

14.80.010 Pre-application conference.

14.80.020 Application.

14.80.030 Determination of completeness.

14.80.040 Threshold determination, scheduling of hearing, and notice.

14.80.050 Repealed.

14.80.060 Director(s) shall forward.

14.80.070 Public hearing.

14.80.080 Findings and recommendation.

14.80.090 Council decision.

14.80.100 Notice of decision.

14.80.110 Appeal.

14.80.120 Illustrations.

14.80.010 Pre-application conference.

The director(s) may require a potential applicant to participate in a pre-application conference. (Ord. 988 § 2, 2003).

14.80.020 Application.

The applicant shall complete the appropriate application form, and submit application, fee, and an environmental checklist to the director(s). The application shall specify the submittal requirements. (Ord. 988 § 2, 2003).

14.80.030 Determination of completeness.

A. Within 28 days of submittal, the director(s) shall:

1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and

2. Advise the applicant of other agencies that may have jurisdiction over the proposal.

B. Within 14 days of submittal of additional information as required above, the director(s) shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 988 § 2, 2003).

14.80.040 Threshold determination, scheduling of hearing, and notice.

Within 90 days of determination of completeness of an application, the director(s) shall:

A. Perform a threshold determination regarding the proposal, if applicable, in accordance with Chapter 16.04 BLMC;

B. Schedule a public hearing before the hearing examiner for a date that conforms to the following notice requirement, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS); and

C. Publish between 15 and 30 days before the hearing a notice of application/hearing/SEPA in accordance with BLMC 14.90.040 and Chapter 16.04 BLMC. (Ord. 1322 § 5, 2009; Ord. 988 § 2, 2003).

14.80.050 Reconsideration of DNS.

Repealed by Ord. 1322. (Ord. 988 § 2, 2003).

14.80.060 Director(s) shall forward.

The director(s) shall inform the hearing examiner of the results of the proposal’s environmental review and transmit copies of the draft and final EIS, if applicable. (Ord. 988 § 2, 2003).

14.80.070 Public hearing.

The hearing examiner shall hold the public hearing, which may be combined with that of another agency with jurisdiction. (Ord. 988 § 2, 2003).

14.80.080 Findings and recommendation.

After the above, the hearing examiner shall:

A. Adopt written findings referencing the applicable permit criteria; and

B. Make a recommendation consistent with those findings. (Ord. 988 § 2, 2003).

14.80.090 Council decision.

The city council shall revise the hearing examiner’s findings if necessary and decide on the proposal accordingly. Its decision shall be early enough to allow the director(s) to comply with the following section regarding notice of decision. Council decision shall be by ordinance for rezones. (Ord. 988 § 2, 2003).

14.80.100 Notice of decision.

A. Within 120 days of the determination of completion, the director(s) shall issue a notice of decision. See BLMC 14.90.050 for exceptions to this 120-day deadline.

B. The notice of decision shall contain a statement of threshold determination.

C. The notice of decision shall be published in accordance with BLMC 14.90.040. (Ord. 988 § 2, 2003).