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30                             J u m e i r a h V i l l a g e - t o w e r s D e v e l o p m e n t C o d e 		  october 2006                    JUMEIRAH VILLAGE LLC

administration and procedures  Figure 9.06,	                                                                                                                       9.06.03.	 Variance Process                                        Section 9.07.	 Exception
                               Development Review Board Process
                                                                                                                                                                   A.	The approval process shall follow the steps highlighted        9.07.01.	 Submission of Materials
                                                                                                             Variance, Exception                                        in Figure 9.06, Development Review Board Process and         Generally, the application shall include all materials required
                                                                                                             or Conditional Use                                         discussed throughout Section 9, Administration and           to indicate the requested exception. If submitted as part of
                                                                                                             Application and                                            Procedures.                                                  the Development Plan process, materials submitted for Site
                                                                                                             Materials Submitted                                                                                                     Plan review will largely be sufficient.
                                                                                                                                                                   B.	The Development Code Administrator shall complete a
                                                                                                             Review for                                                 report to the Development Review Board including an          9.07.02.	 General Criteria
                                                                                                             Completeness                                               overview of the request for Variance, a recommendation       The Development Review Board may issue an exception from
                                                                                                                                                                        of approval or denial, and proposed findings of fact to      the requirements of the Development Code if such action is
                               Pre-Application                                  Review Application                                Letter of                             support the recommendation.                                  not contrary to the interest of residents, investors, employees,
                                Meeting Stage                                   and Generate Report                               Rejection                                                                                          and guests of Jumeirah Village. The Development Review
                                                                                for DRB                                                                            C.	The Development Review Board shall consider the                Board must also find that special conditions proposed by
                                  Concept Plan                                                                                                                          recommendation of the Development Code Administrator         the applicant, while not in compliance with all requirements
                                             Stage                                                 Yes                                                                  and determine final action, including approval or denial     of the Development Code, are more or equally appropriate
                                                                                                                                                                        of the application and specific findings of fact.            toward meeting the spirit of the Master Plan and this Code.
                                      (Optional)                                Is More Information                                                                                                                                  Approval of the exception shall be based upon the following
                                                                                Needed?                                                                            D.	The Development Code Administrator shall notify the            criteria:
                                        Site Plan                                                                                                                       applicant in writing of final action, including approval or
                                             Stage                                 No                                                                                   denial of the application.                                   A.	The proposed project remains compatible with
                                                                                                                                                                                                                                          surrounding land uses and is not detrimental to the
                               Building Permit                                  Does DRB Determine                                                                 E.	The Development Review Board reserves the right to                  health, welfare, safety, morals, order, convenience,
                                             Stage                              that Application                                                                        approve a Variance with conditions, safeguards or                 or prosperity of surrounding residents, investors,
                                                                                Meets Criteria?                                                                         restrictions as needed to address any adverse impacts             employees, and guests of Jumeirah Village.
                                                                                                                                                                        resulting from the Variance.
                                                                                                             No                                                                                                                      B.	The proposed exception will provide an equal or greater
                                                                                   Yes                                                                             9.06.04.	 Time                                                         means of meeting the purposes of this Code than literal
                                                                                                                                                                   A.	The Development Code Administrator shall submit                     enforcement of existing requirements.
                                                                                Is the Application
                                                                 Yes Approved?                                                                                          a report to the Development Review Board within              C.	The extraordinary conditions proposed by the applicant
                                                                 Yes with                                                                                               15 working days of receipt of the application and                 are unique to the project or the site.
                                                                 Conditions                                                                                             determination of completeness.
                                                                                                                                                                                                                                     D.	The exception would be consistent with the spirit and
                                                                                                                                                                   B.	The Development Review Board shall take final action                intent of the Jumeirah Village Master Plan and this Code.
                                                                                                                                                                        on the application for Variance within 15 working days
                                                                                                                                                                        of receiving the report from the Development Code            9.07.03.	 Exception Process
                                                                                                                                                                        Administrator. Notification of approval or denial shall be   A.	The approval process shall follow the steps highlighted
                                                                                                                                                                        made within 5 working days of final action, for a total of
                                                                                                                                                                        20 working days.                                                  in Figure 9.06, Development Review Board Process and
                                                                                                                                                                                                                                          discussed throughout Section 9, Administration and
                                                                                                                                                                   C.	Upon approval of a building permit, the applicant shall             Procedures.
                                                                                                                                                                        have no more than 3 months to utilize an approved
                                                                                                                                                                        Variance. Following 3 months, if the applicant has not       B.	The Development Code Administrator shall complete a
                                                                                                                                                                        initiated construction or is otherwise unable to prove            report to the Development Review Board including an
                                                                                                                                                                        progress, the Variance shall be considered expired. An            overview of the request for Exception, a recommendation
                                                                                                                                                                        extension of time may be granted by Jumeirah Village              of approval or denial, and proposed findings of fact to
                                                                                                                                                                        LLC upon request.
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