§ 6.2.4. Process.

A.

Any application for public site plan review requires a pre-application conference pursuant to section 12 of this code.

B.

Public site plan review commences when a complete application is submitted. Public site plan applications may be reviewed concurrently with other land use applications, but can not be approved until all required land use applications have been approved.

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.

Property owner notification and comment.

1.

Written notice of the proposal shall be mailed to property owners in the vicinity of the proposed use.

2.

The notice shall provide a 14-day time frame for property owners or 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 property owner or neighbor comments or concerns are raised, the applicant and the commenter have the opportunity to agree on a solution. The applicant and commenter 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 public site plan review application:

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, to be prepared by applicant for subsequent review to demonstrate compliance with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

3.

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

4.

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

5.

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

Upon the determination of the planning director that a public site plan review 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 public site plan and supporting documents (quantities to be determined) for approval signature by the planning director.

G.

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 public site plan review the county commissioners must consider the following additional review criteria and find that each criterion has been met or determined to be inapplicable:

1.

The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood; and

2.

The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

(Res. No. 08102010R001, Exh. A, 8-10-2010)