9-1-18-3: CLASS C DEVELOPMENT PERMIT PROCESS:
A. Preapplication Conference: A preapplication conference with a member of the community development staff shall be held prior to the submittal of an application.
B. Application Requirements: The applicant shall file an application, a short description of the proposal and three (3) copies of any maps, drawings or materials needed to adequately describe the proposal and one (1) electronic copy in pdf 11" x 17" format.. All drawings and maps shall be to scale. The application shall be accompanied by a fee in the amount required by chapter 10 of this title. The director may require the following materials to be submitted as a part of a complete application:
1. Site plan;
2. Landscaping and defensible space plan;
3. All elevations of the proposed building or modification;
4. Floor plans;
5. Preliminary drainage and utility plans;
6. A sample paint chip of each color to be used, keyed to the proposed location of the color on the building as shown on the elevation drawing; and
7. Electronic copy of plans.
8. An employee housing narrative as described in Section 9-1-19-24R, "Policy 24 (Relative) Social Community," if applicable.
C. Procedure: Once the application and accompanying material have been submitted, the director shall within five (5) days determine if the public interest would better be served by requiring conformance with the Class B development process rather than Class C. If the director determines that the application should be processed as a Class B, the applicant shall then meet the requirements of the Class B process. If not, the director shall process the application as follows:
1. Within twenty two (22) days of receipt of the complete submittal, the director shall review the proposal and grant or deny it using the standards set forth in subsection C(2) of this section, with or without conditions. The director shall also refer application to town engineer for review.
2. In making the decision on the proposal the director shall:
a. Approve the development proposal if the point analysis indicates that the proposed development implements or has no effect on all relevant absolute policies and is allocated zero or net positive number of points for the relative policies; or
b. Deny the development proposal if the point analysis indicates that the proposed development does not implement all relevant absolute policies (subject to variance), or if it is allocated a net negative number of points for the relative policies.
3. The director shall forward his or her decision to the planning commission at its next regularly scheduled meeting. At that meeting the planning commission may, by an affirmative vote of the members present, call up any decision of the director for its own review. If called up, the planning commission's call-up hearing shall be held in compliance with section 9-1-18-5(B) of this chapter. In lieu of calling up a director's decision, the planning commission may, with the consent of the applicant, modify or eliminate any condition of approval imposed on the application by the director or add any condition of approval.
4. The director shall then forward the decision to the town council at its next regularly scheduled meeting following the decision having been presented to the planning commission if the director's decision was not called up by the planning commission, or the planning commission's decision on the application if the director's decision was called up, whichever is applicable. At that meeting, the town council may, by an affirmative vote of the members present, call up any decision for its own review. The town council's call-up hearing shall be held in accordance with section 9-1-18-5(A) of this chapter. In lieu of calling up the director's decision or the planning commission's decision, the council may, with the consent of the applicant, modify or eliminate any condition of approval imposed on the application by the planning commission or add any condition of approval. If the decision forwarded to the town council is not called up or modified, it shall stand as presented.
5. Once the decision has been finalized, the director shall transmit the final decision to the applicant; and, if the application is approved, shall issue a development permit, with or without conditions.
6. Other Permits: After approval and prior to construction, applicant shall be responsible for obtaining all necessary permits.
7. Town Engineer Approval: Applicant shall receive approval from the town engineer per title 10 of this Code prior to issuance of a building permit, beginning any construction, or beginning any grading work. Permits that may be required from the town engineer include an infrastructure permit, a floodplain development permit, and right-of-way permit. (Ord. 1, Series 2014; amd. Ord. 22, Series 2016; Ord. 17, Series 2020; Ord. 31, Series 2021; Ord. 3, Series 2022)