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Ord 2009-073
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Ord 2009-073
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Last modified
4/13/2016 3:28:10 PM
Creation date
12/9/2009 10:10:59 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2009-73
Date
12/1/2009
Volume Book
184
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• Section 1.1.2.2 Specific Rules of Priority <br />(a) Applications of mixed classification. Whenever this Land Development Code authorizes <br />a property owner to submit development applications of different priority classifications <br />simultaneously, the order of decision shall be as provided in Section 1.1.2.1. An <br />applicant may not submit a subordinate application that must be decided within a time <br />certain under this Land Development Code without execution of an express waiver of <br />such time limitation pending decision on the priority application. Action on accompanying <br />applications shall be as follows: <br />(1) Denial of a legislative application shall be deemed a denial of any pending quasi- <br />judicial or administrative applications, or subordinate applications for the same <br />land, on the date the legislative application is denied. <br />(2) Denial of a quasi-judicial application shall be deemed a denial of any pending <br />administrative or subordinate quasi-judicial applications for the same land on the <br />date the quasi-judicial application is denied. <br />(3) Subordinate applications shall not be approved subject to approval of priority <br />applications. <br />(4) No proceedings or deliberations are required for action on any applications which <br />are deemed denied under this Section. Applications deemed denied under this <br />Section shall be returned promptly to the applicant. <br />(5) Any subordinate application that must be decided within a time certain under this <br />Land Development Code and that is not accompanied by an express waiver of <br />such time limitation pending decision on the priority application shall be deemed <br />incomplete and shall not be further processed. <br />(b) Subordinate Applications. Approval of any subordinate application shall be consistent <br />with the terms and conditions of approval of all priority applications. <br />(c) Legislative Priority. The following priorities are established among legislative applications <br />for the same land: <br />(1) A petition seeking an amendment to the Master Plan shall be decided prior to <br />any application to amend the text or map of the zoning regulations. <br />(2) A petition seeking an amendment to the text of the Master Plan shall be decided <br />prior to any amendment of a Master Plan map. <br />(3) A petition seeking amendment to the text of the zoning regulations shall be <br />decided prior to any amendment of the Zoning Map. <br />(4) A petition seeking approval of a development agreement shall be decided prior to <br />any application to amend the text or map of the zoning regulations. <br />(d) Quasi-Judicial Priority. The following priorities are established among quasi-judicial <br />applications for the same land: <br />(1) An application for approval of a Watershed Protection Plan (Phase 1 or Phase 2 <br />as applicable, refer to Section 1.7.1.2) shall be decided prior to any application <br />• for Subdivision Concept Plat, a Preliminary Subdivision Plat or a Preliminary <br />Development Plat.
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