162.46 PERMIT REQUIREMENTS AND APPEAL
- Metro Ordinance no. 66-2004
- 162.40 Wro District Boundaries
- 162.41 Definitions
- 162.42 Development Activity/plans
- 162.43 Principles/Guidelines
- 162.44 Admin/Implementation
- 162.45 Exempt Activities
- 162.46 Permit Reqs and Appeal
- 162.47 Permit Agreements
- 162.48a Design Guidelines
- 162.48b Design Guidelines
- 162.48C-d Design Guidelines
- 162.98 Severability
- 162.99 Penalty
- Addendum 1
checklist: information needed to process application
It shall be a condition precedent to obtaining any permit for any development activity within the District that the person has obtained a WRO Permit pursuant to this section. A WRO Permit shall be issued only where it is determined, pursuant to the procedures established by this subchapter, that the proposed development activity is in compliance with the guidelines.
No permit or certificate of occupancy shall be issued by any Metro Agency for any development activity within the District unless a WRO Permit for such development activity has been obtained pursuant to this subchapter.
An application for a development activity within the District shall be submitted to the Corporation on a form established by the Overlay District Administrator. The application shall include at least the following information, unless waived pursuant to subsection (D):
- 1. A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed development in the context of property lines, adjacent structures, streets, sidewalks, etc.;
- 2. Plans, elevations and other drawings, drawn to appropriate scale, as may be necessary to fully explain all proposed structures or alterations to structures; and
- 3. Details or urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed development.
Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (C). The preliminary review shall be conducted by the Overlay District Administrator to determine if the minimal requirements for acceptance of the application have been met. The Overlay District Administrator may agree to waive certain of the requirements set out in subsection (C) if he or she determines that such requirements are not necessary for review of the application pursuant to this subchapter.
The Overlay District Administrator shall classify the development proposal as either exempt, or not exempt, requiring either expedited or nonexpedited approval.
A WRO Permit application classified as requiring expedited approval shall be reviewed by the Overlay District Administrator who shall, after review of the application, prepare a written decision which shall approve the WRO Permit, approve the WRO Permit with conditions, or deny the WRO Permit. An applicant, within five days of receipt of the decision of the Overlay District Administrator on a proposal requiring expedited review, may request appeal of the application to the Board. The application shall be reviewed as provided in subsection (G) for applications classified as requiring non-expedited approval, except that the Board shall consider the application at its next regularly scheduled meeting following the request, provided that such request is made not later than seven working days prior to the meeting.
A WRO Permit application classified as requiring a non-expedited approval shall be reviewed by the Board. The permit application shall be reviewed by the Overlay District Administrator in accordance with the guidelines and forwarded to the Board with the Overlay District Administrator's written recommendation to either approve the WRO Permit, approve the WRO Permit with conditions, or deny the WRO Permit.
The applicant shall be sent, by first-class mail, written notice of the date, time and location of the meeting of the Board at which his or her application shall be considered. The notice shall be sent no later than ten days prior to the date of the meeting, unless such notice is waived by the applicant.
At the meeting scheduled to consider the applicant's WRO Permit request, the Board shall consider recommendations of the Overlay District Administrator and such other information as the applicant chooses to present for the Board's consideration.
The Board, by majority vote of the members present, shall prepare a written decision which shall approve the WRO Permit, approve the WRO Permit with conditions, deny the WRO Permit, or defer consideration of the application until the next meeting of the Board.
If, after an applicant has obtained a WRO Permit, the development proposal is amended, he or she shall submit the amended development proposal to the Overlay District Administrator who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Overlay District Administrator that the amended proposal requires review, the previously issued WRO Permit shall be suspended pending the review of the amended development proposal.
Any applicant who is denied a WRO Permit shall have a right of appeal to the Jefferson Circuit Court.