§ 16-50.020. Authority for land use and zoning decisions.  


Latest version.
  • Table 5-1 (review authority, below) identifies the review authority responsible for reviewing and making decisions on each type of permit, entitlement, or amendment, as well as the proper authority to administer appeals.

    Table 5-1 Review Authority

    Type of Permit or Decision
    Role of Review Authority
    Director Design Review
    Board
    Planning
    Commission
    Town Council
    Site Plan and Architectural Review Decide Appeal Action
    Site Plan and Architectural Review (Minor Alterations) Decide Appeal Action
    Variance, Site Plan and Architectural Review-related Decide Appeal Action
    Variance, Other Decide Appeal Action
    Conditional Use Permit Decide Appeal Action
    Condominium Use Permit Decide Appeal Action
    Precise Development Plan Recommend Decide
    Accessory Dwelling Unit Permit/Junior Accessory Dwelling Unit Decide Appeal Action
    Zoning Ordinance Text Amendment Recommend Decide
    Rezoning or Prezoning Recommend Decide
    Home Occupation Permit Decide Appeal Action
    Temporary Use Permit Decide Appeal Action
    Tidelands Permit (minor and incidental) Decide Appeal Action
    Tidelands Permit (all other) Decide Appeal Action
    Wireless Communication Facility (administrative) Decide Appeal Action
    Minor changes to an approved project Decide
    Notes:
     1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with division 16-66 (appeals).
     2. If the planning commission denies an application for a precise development plan amendment, zoning text amendment, rezoning or prezoning, that decision is final unless appealed to the town council.
     3. The director may refer any such application to the planning commission for review and action, in which case the town council will be the appeal body.
     4. An appeal of the director's decision shall be heard by the original project's review authority, whose decision shall be final.

     

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(P), 8-15-2012; Ord. No. 555 N.S. , § 2(B)(Exh. B), 2-18-2015; Ord. No. 558 N.S. , § 2(D), 6-3-2015; Ord. No. 562 N.S ., § 2(A)(Exh. B), 11-18-2015; Ord. No. 568 N.S., § 2(B), 2-1-2017)