Downtown Form-Based Code

September 19, 2016

 

Part 2. Administration, Application Process & Appeals

DFD 206. Effect of Certificate of Conformity Issuance

Issuance of a Certificate of Conformity by the Director allows an applicant to apply for other necessary permits and approvals which include, but are not limited to, those permits and approvals required under the City Building Code.

  1. A.
    Certificate of Conformity Modification
    After the Director has issued a Certificate of Conformity, any change in the Development Proposal from the plans submitted to the Director, other than those permitted under Section DFD 206 below, shall be considered to be a Material Modification and shall be subject to the following review procedure:
    1. 1.
      Material Modification requests shall be submitted to the Director for review and approval, and shall include sufficient information to determine conformity with the FBC.
    2. 2.
      Within three (3) business days after receipt of a complete application for a Material Modification, the Director shall refer the application to the PRC.
    3. 3.
      The Director may administratively provide for submission and review deadlines for materials and studies required in support of any application for a Certificate of Conformity.
    4. 4.
      The PRC shall determine if the proposal is in compliance.
  2. B.
    Certificate of Conformity Expiration
    1. 1.
      A Certificate of Conformity shall lapse eighteen (18) months from its issuance if an applicant does not secure a building permit.
    2. 2.
      Upon written communication by the applicant submitted at least thirty (30) days prior to the expiration of the Certificate of Conformity, and upon a showing of good cause, the Director may grant one extension not to exceed six (6) months. Upon an application for extension, the Certificate of Conformity shall be deemed extended until the Director has acted upon the request for extension.
  3. C.
    Appeal

    Disapproval of a Certificate of Conformity may be appealed to the Governing Body. Such appeals must be submitted in written form by the applicant within fifteen (15) business days following notice of the determination. The Planning Commission shall review the proposed submittal and provide a recommendation to the Governing Body. Subsequent to receiving a recommendation from the Planning Commission, the appeal shall then be considered by the Governing Body for final determination.

Effective on: 1/1/1901