§ 47-26A.2. City commission request for review.

A.

City commission request for review. If an application for development permit is approved or denied and the ULDR provides for city commission request for review ("CRR") as shown in Table 1 of Section 47-24, Development Permits and Procedures, or other provision of the ULDR, the city commission may adopt a motion to set a hearing to review the application if it is found that the new project is in an area which due to characteristics of the project and the surrounding area requires additional review in order to ensure that development standards and criteria have been met and to ensure that the area surrounding the development is protected from the impacts of the development. The process for CRR may be initiated by a statement of intent filed by any member of the city commission with the city clerk with a copy to the department. Except as provided herein, the motion shall be considered within thirty (30) days of the decision by the lower body. For development permits approved under Section 47-24.2.A.5.b the motion shall be considered within fifteen (15) business days of the decision by the lower body. If no city commission meeting is to be held within the time frames provided herein, the motion shall be considered at the next regularly scheduled city commission meeting. A motion for city commission request for review shall supersede an application for appeal.

B.

The motion approving a CRR shall set a date for consideration of the application no later than sixty (60) days from the date the motion is adopted. Notice of the hearing shall be given to the public by posting a sign at least ten (10) days before the hearing in accordance with Section 47-27, Notice Procedures for Public Hearing. Review by the city commission shall be by de novo hearing supplemented by the record below and the same standards and criteria applicable to the development permit shall be applied. At the conclusion of the hearing the city commission shall take action either approving, approving with conditions or denying the application.

C.

The time frames for setting a hearing provided herein may be extended by written request of the applicant.

D.

Appeal from a final decision by the city commission shall be to the circuit court by filing a petition for writ of certiorari within thirty (30) days of the decision.

(Ord. No. C-97-19, § 1(47-26.A.2), 6-18-97; Ord. No. C-02-45, § 2, 1-7-03)