Application Process
This is the process of the for the applying to the 16.16.250 Reasonable use exception to allow for reasonable economic use. This RUE which allows a builder to ignore these codes if he can prove there is no other reasonable economic use with less impact on the critical area; and if the proposed development does not pose an unreasonable threat to the public health, safety, or welfare, on or off the proposed site.
Application Submitted
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28 day determination of completeness (deemed automatically complete after 28th day)
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If incomplete, the City will provide, in writing, the necessary elements to complete the application
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Applicant re-submits
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The City has 14 days to determine if re-submittal is complete. If incomplete, the City will provide, in writing, the necessary elements to complete the application
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Once an application is determined complete, the City notifies the applicant in writing, and has 14 days to prepare the public Notice of Application (NOA)
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The public has 14 days to comment on the application (staff review for code consistency proceeds during this time, and lasts approximately 6-8 weeks)
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When staff review is complete, feedback on how to achieve consistency with the regulations is transmitted to the applicant
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This is where the Mark Garey RUE proposal sits - waiting for resubmittal
Applicant re-submits, The City has 14 days to determine if re-submittal is complete. If incomplete, the City will provide, in writing, the necessary elements to complete the resubmittal
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Staff review proceeds, and when the application is consistent with the regulations, or, when staff can develop a recommendation to the Hearing Examiner, staff creates the hearing record (approx. 6-8 weeks)
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When the record is complete, staff must notice the public hearing, no sooner than 10 days prior to the hearing date.
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The Hearing Examiner has 10 days to issue the decision
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Timeline
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RUE Application submitted to city
Date of complete application
City returns application with compliance problems
May 20, 2021
October 25, 2021
January 4, 2022