§ 4.8.11. Process.

A.

Any request to extend, expand, enlarge or change the character of a nonconforming use, building or structure requires a pre-application conference pursuant to Section 12 of this code.

B.

Review of the request commences when a complete application is submitted.

C.

Upon receipt of a complete application, the planning director will refer the applicable application materials to all appropriate departments and agencies and mail written notice of the application to property owners in the vicinity of the proposal.

D.

Referral departments and agencies will have 21 days to review and provide written comments to the planning director. Referral departments and agencies may request additional review time in writing.

E.

Neighbor notification and comment.

1.

Written notice of the proposal shall be mailed to neighbors in the vicinity of the subject property.

2.

The notice shall provide 14 days for neighbors to respond with any questions or concerns. Comments shall be provided to the planning department.

3.

The planning department shall provide the applicant with a copy of any comments received.

4.

If neighbors' comments or concerns are raised, the applicant and the neighbor(s) have the opportunity to agree on a solution. The applicant and neighbor(s) have 14 days to agree to a solution unless an extension is requested by either party. Documentation of the solution shall be provided to the planning department prior to the director's decision and the administrative determination shall proceed including the agreed upon mitigation measures.

F.

Administrative determination. Within five working days following the 21-day review period the planning director will provide a written determination stating that the request to extend, expand, enlarge or change the character of a nonconforming use, building or structure:

1.

Is approved, with or without conditions, and complies with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

2.

Requires modifications, based upon the referral review and/or neighbor comments.

3.

Requires a public hearing based on unresolved neighbor comments/concerns.

4.

Is denied based upon an inability to comply with this code, including the review criteria contained herein, and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

G.

The decision of the planning director may be appealed in writing to the county commissioners pursuant to Section 22 (appeals) of this code.

H.

Upon the determination of the planning director that the application:

1.

Requires modifications, the applicant shall be required to make a revised submittal, for a subsequent review, that addresses the referral or other comments. Prior to the revised submittal the applicant may request a meeting to discuss the referral or other comments.

2.

If approved, the applicant shall provide final versions of the site plan and supporting documents (quantities to be determined) for approval signature by the planning director.

I.

Public hearing. If neighbor comments/concerns cannot be resolved, the application will be scheduled for a hearing by the county commissioners to resolve outstanding issues. To approve the request to extend, expand, enlarge or change the character of a nonconforming use, building or structure the county commissioners must consider the review criteria found in section 4.8.12 and find that each criterion has been met or determined to be inapplicable.

(Res. No. 10162012R001, § 2(Exh. A), 10-16-2012)