§ 16.70.015. DECISIONS AND APPEALS TABLE  


Latest version.
  • The following table summarizes decisions and appeals routes regarding many zoning permits, planning and zoning decisions, subdivision decisions, historic preservation, and supplemental procedures. Refer to the City Code section listed for a detailed description of the procedure. The text of the relevant City Code section shall be determinative of the procedure required. Not all decision and appeal rights are outlined herein.

    Decisions and Appeals
    Process Type
    City Code Section POD
    Decision
    Commission Decision City Council Decision
    Articles 16.01. through 16.60.
    Development Agreements 16.05. Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Overlay District Regulations, Albert Whitted Airport, Airport Obstruction Permit 16.70.030.1.16 Final (appealable to DRC) DRC
    (Final)
    Not applicable
    Overlay District, Adaptive Reuse of
    Historic Buildings, Minor
    16.30.020.3. Final
    (appealable
    to CPPC)
    CPPC
    (appealable to City Council)
    Final
    Overlay District, Adaptive Reuse of
    Historic Buildings, Major
    16.30.020.3. Advisory to CPPC CPPC
    (appealable to City Council)
    Final
    Overlay District Regulations,
    Large Tract Planned Development
    16.30.090. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Community Residential Home,
    One to Six Residents
    16.50.90. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Community Residential Home,
    Seven to Fourteen Residents
    16.50.100. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Community Residential Home,
    More than Fourteen Residents
    16.50.110. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Wireless Communication Antennae & Support Structures, No Variance 16.50.480. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Wireless Communication Antennae & Support Structures, Variance Required 16.50.480. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Change of Grandfathered Use to Different Grandfathered Use of Equal or Lesser Intensity 16.60.030.
    7.2.C
    Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Uses Not Listed 16.60.040.2 Final
    (appealable to CPPC)
    CPPC
    (Final)
    not applicable
    Extensions and Duration of Approvals, Under These Land Development Regulations (not including Certificates of Appropriateness) 16.70.010.9. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Extensions and Duration of Approvals, Under These Land Development Regulations (involving Certificates of Appropriateness) 16.70.010.9. Advisory to CPPC CPPC
    (Final)
    not
    applicable
    Extensions and Duration of Approvals, Previous Code; Modifications 16.70.010.10. Final
    (appealable to City Council)
    not
    applicable
    Final
    Zoning Permits, Generally (Section 16.70.030.)
    Adult Use Permits, Appeals
    and Variances
    16.70.030.1.1. Advisory to City Council not
    applicable
    Final
    Dock Permits 16.70.030.1.2. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Dock Permit Appeals and Variances 16.70.030.1.2. Advisory to DRC DRC
    (Final)
    not
    applicable
    Dog Dining Permits 16.70.030.1.3. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Landscape Permits 16.70.030.1.4. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Pushcart Vending Permits 16.70.030.1.5. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Roadside Vending Market Permits 16.70.030.1.6. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Sidewalk Café Permits 16.70.030.1.7. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Sidewalk Retail Display Permits 16.70.030.1.8. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Sign Permits 16.70.030.1.9. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Temporary Parking Lot Permits 16.70.030.1.10. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Temporary Use Permits 16.70.030.1.11. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Tree Removal Permits 16.70.030.1.12. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Community Garden Permit 16.70.030.1.13. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Planning & Zoning Decisions (Section 16.70.040.)
    Conceptual Plan Approval 16.70.040.1.G. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Modifications of Previously Approved Site Plan Review or Special Exception Decisions, Minor 16.70.040.1.H. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Modifications of Previously Approved Site Plan Review or Special Exception Decisions, All other types 16.70.040.1.H. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Amendments to Future Land Use Map or Official Zoning Map 16.70.040.1.1.
    D.1.
    Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Amendments to Text of the Comprehensive Plan 16.70.040.1.1.
    D.2.
    Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Amendments to the Land Development Regulations, not including certain historic and archaeological preservation matters 16.70.040.1.1.
    D.3.
    Advisory to DRC DRC
    (advisory to City Council)
    Final
    Amendments to the Land Development Regulations related to historic and archaeological preservation 16.70.040.1.1.
    D.3.
    Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Bonus Approval,
    Streamline (DC Zoning)
    16.70.040.1.2. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Bonus Approval,
    Public Hearing (DC Zoning)
    16.70.040.1.3. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Site Plan Review 16.70.040.1.4. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Special Exceptions 16.70.040.1.5. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Variances, Generally
    (streamline decisions)
    16.70.040.1.6. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Variances, Generally
    (public hearing decisions)
    16.70.040.1.6. Advisory to DRC DRC
    (Final)
    not
    applicable
    Variances, Adult Use Regulations 16.70.040.1.7. Advisory to City Council not applicable Final
    Variances, Related to a Certificate of
    Appropriateness Application
    16.80.010.1.C. Advisory to CPPC CPPC
    (appealable to City Council)
    Final
    Exemptions, Demolition in Certain Zoning Districts 16.70.040.1.9. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Variance, Design Standards 16.70.040.1.10. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Variance, Drainage & Surface Water Management 16.70.040.1.11. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Variance, Floodplain Management 16.70.040.1.12. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Reinstatement of Abandoned Grandfathered Uses Up to 3 abandoned dwelling units 16.70.040.1.14. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not
    applicable
    Reinstatement of Abandoned Grandfathered Uses More than 3 abandoned dwelling units or any nonresidential use 16.70.040.1.14. Advisory to DRC DRC
    (Final)
    not
    applicable
    Redevelopment of Grandfathered Uses 16.70.040.1.15. Advisory to DRC DRC
    (Final)
    not
    applicable
    Transfer of Development Rights, Environmental 16.70.040.1.16. Advisory to DRC DRC
    (Final)
    not
    applicable
    Transfer of Development Rights,
    Historic
    16.70.040.1.17. Final
    (appealable to CPPC)
    CPPC
    (appealable to City Council)
    Final
    Workforce Housing Density Bonus 16.70.040.1.19. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable
    Target Employment Center (TEC)
    Overlay FAR Bonus
    16.70.040.1.20 Final
    (Appealable to DRC)
    DRC
    (Final)
    Not applicable
    Subdivision Decisions (Section 16.70.050.)
    Vacating Public Right-of-way
    (or associated air or subsurface rights)
    16.70.050.1.1. Advisory to DRC DRC
    (advisory to City Council)
    Final
    Vacating Public Easements
    (or associated air or subsurface rights)
    16.70.050.1.1. Advisory to Mayor Mayor
    (Final)
    not applicable
    Lot Refacing
    No variances
    16.70.050.1.2. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable
    Lot Refacing
    If variances required
    16.70.050.1.2. Advisory to DRC DRC
    (Final)
    not applicable
    Lot Line Adjustment
    No variances
    16.70.050.1.3. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable
    Lot Line Adjustment
    If variances required
    16.70.050.1.3. Advisory to DRC DRC
    (Final)
    not applicable
    Street Name Change/Co-naming 16.70.050.1.4. Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Street Closing, Temporary
    (Seven days or less)
    16.70.050.1.5. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable
    Street Closing, Temporary
    (More than Seven days)
    16.70.050.1.5. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Street Closing, Temporary (CPTED) 16.70.050.1.5. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Street Closing, Permanent 16.70.050.1.6. Advisory to DRC DRC
    (appealable to City Council)
    Final
    Plat, Preliminary 16.70.050.1.7. Final
    (appealable
    to DRC)
    DRC
    (appealable to City Council)
    Final
    Plat, Final 16.70.050.1.8. Advisory to City Council not applicable Final
    Historic Preservation (Section 16.70.060.)
    Historic Designation of Property 16.70.060.2. Advisory to CPPC CPPC
    (advisory to City Council)
    Final
    Certificate of Appropriateness (COA)
    of Historically Designated Property
    16.70.060.3. Refer to the COA Approval Matrix
    (appealable to City Council)
    Final
    Ad Valorem Tax Exemption for Historically Designated Property, Preconstruction
    Application
    16.70.060.4. Refer to the COA Approval Matrix
    (appealable to City Council)
    Final
    Ad Valorem Tax Exemption for Historically Designated Property, Review of Completed Work 16.70.060.4. Advisory to City Council not applicable Final
    Supplemental Procedures (Section 16.70.070.)
    Property Card Interpretation 16.70.070.1.1. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable
    Zoning, Rebuild/Buildable Lot Letter 16.70.070.1.2. Final
    (appealable
    to DRC)
    DRC
    (Final)
    not applicable

     

    1)

    Any DRC decision may be part of an appeal to the City Council as an accessory issue associated with a principal application (site plan review or special exception), where the principal application is appealable to the City Council.

    2)

    Any final decision of the City may be subject to judicial review in the manner provided by law.

(Ord. No. 100-H, § 29, 12-19-2013; Ord. No. 246-H, § 26, 10-20-2016; Ord. No. 278-H, § 2, 5-18-2017; Ord. No. 319-H, § 3, 2-15-2018; Ord. No. 350-H, § 2, 11-15-2018)