Page 35 - TOWER Code
P. 35

dubai, u.a.e. october 2006                                       Jumeirah Village - towers Development Code                       31

     support the recommendation.                                  Section 9.08.	 Conditional Use                                    B.	The Development Review Board shall take final action          C.	The proposed amendment is consistent with the Master          administration and procedures
                                                                                                                                         on the application for Conditional Use within 15 working         Plan and will not adversely impact the mobility and
C.	The Development Review Board shall consider the                9.08.01.	 Submission of Materials                                      days of receiving the report from the Development Code           infrastructure systems of Jumeirah Village.
     recommendation of the Development Code Administrator         Generally, the application shall include all materials required        Administrator. Notification of approval or denial shall be
     and determine final action, including approval or denial     to indicate the requested conditional use. If submitted as part        made within 5 working days of final action, for a total of  9.09.03.	 Amendment Process
     of the application and specific findings of fact.            of the Development Plan process, materials submitted for Site          20 working days.                                            A.	The Development Code Administrator shall complete
                                                                  Plan review will largely be sufficient.
D.	The Development Code Administrator shall notify the                                                                              C.	Upon approval of a building permit, the applicant shall            a report to the Development Review Board including
     applicant in writing of final action, including approval or  9.08.02.	 General Criteria                                             have no more than 3 months to utilize an approved                an overview of the request for amendment, including a
     denial of the application.                                   The Development Review Board may issue approval of a                   Conditional Use. Following 3 months, if the applicant            recommendation regarding the proposed amendment
                                                                  Conditional Use if the proposed project meets the criteria             has not initiated construction or is otherwise unable to         and potential impacts.
E.	The Development Review Board reserves the right to             established in Section 4.3, Conditional Use.                           prove progress, the Conditional Use shall be considered
     approve an Exception with conditions, safeguards or                                                                                 expired. An extension of time may be granted by             B.	The Development Review Board shall consider the
     restrictions as needed to address any adverse impacts        9.08.03.	 Conditional Use Process                                      Jumeirah Village LLC upon request.                               recommendation of the Development Code Administrator
     resulting from the Variance.                                 A.	The approval process shall follow the steps highlighted                                                                              and determine to approve, reject or modify the proposed
                                                                                                                                    9.08.05.	 Runs with the Use                                           amendment.
9.07.04.	 Time                                                         in Figure 9.06, Development Review Board Process and         Unless otherwise specified in the approval by the DRB, a
A.	The Development Code Administrator shall submit                     discussed throughout Section 9, Administration and           Conditional Use applies only to the specific use or project for  C.	If the request to amend the Development Code was
                                                                       Procedures.                                                  which it is granted. No new use or project shall be permitted         submitted by an applicant for Development Plan
     a report to the Development Review Board within                                                                                to utilize the exception without prior approval by the DRB.           approval, the Development Code Administrator shall
     15 working days of receipt of the application and            B.	The Development Code Administrator shall complete                                                                                    notify the applicant in writing of final action, including
     determination of completeness.                                    a report to the Development Review Board including           Section 9.09.	 Development Code Amendment                             approval or denial of the amendment.
                                                                       an overview of the request for Conditional Use, a
B.	The Development Review Board shall take final action                recommendation of approval or denial, and proposed           9.09.01.	 Request for Amendment                                  9.09.04.	 Time
     on the application for Exception within 15 working days           findings of fact to support the recommendation.              A Development Code Amendment may be requested by                 Upon approval, an amendment to the Development shall
     of receiving the report from the Development Code                                                                              an applicant seeking Development Plan approval, the              take place immediately upon final action by the Development
     Administrator. Notification of approval or denial shall be   C.	The Development Review Board shall consider the                Development Code Administrator, the Development Review           Review Board.
     made within 5 working days of final action, for a total of        recommendation of the Development Code Administrator         Board, or Jumeirah Village LLC. The authority to approve
     20 working days.                                                  and determine final action, including approval or denial     an amendment to this Code is granted to the DRB, however,        Section 9.10.	 Zoning Map Amendment
                                                                       of the application and specific findings of fact.            Jumeirah Village LLC remains the final authority and may
C.	Upon approval of a building permit, the applicant shall                                                                          choose to amend the Code without DRB approval.                   9.10.01.	 Request for Amendment
     have no more than 3 months to utilize an approved            D.	The Development Code Administrator shall notify the                                                                             A Zoning Map Amendment may be requested by an applicant
     Exception. Following 3 months, if the applicant has not           applicant in writing of final action, including approval or  9.09.02.	 General Criteria                                       seeking Development Plan approval, the Development Code
     initiated construction or is otherwise unable to prove            denial of the application.                                   The Development Review Board may amend the Development           Administrator, the Development Review Board, or Jumeirah
     progress, the Exception shall be considered expired. An                                                                        Code if the following criteria are met:                          Village LLC. The authority to approve an amendment to Zoning
     extension of time may be granted by Jumeirah Village         E.	The Development Review Board reserves the right                                                                                 Map related to this Code is granted to the DRB, however,
     LLC upon request.                                                 to approve a Conditional Use with added conditions,          A.	The proposed amendment is not detrimental to the              Jumeirah Village LLC remains the final authority and may
                                                                       safeguards or restrictions as needed to address any               health, welfare, safety, morals, order, convenience,        choose to amend the Zoning Map without DRB approval.
9.07.05.	 Runs with the Use                                            adverse impacts resulting from the Variance.                      or prosperity of surrounding residents, investors,
Unless otherwise specified in the approval by the DRB, an                                                                                employees, and guests of Jumeirah Village.                  9.10.02.	 General Criteria
exception applies only to the specific use or project for which   9.08.04.	 Time                                                                                                                     The Development Review Board may amend the Zoning Map
it is granted. No new use or project shall be permitted to        A.	The Development Code Administrator shall submit                B.	The proposed exception will provide an equal or greater       if the following criteria are met:
utilize the exception without prior approval by the DRB.                                                                                 means of meeting the purposes of this Code than current
                                                                       a report to the Development Review Board within                   requirements.                                               A.	The proposed amendment is beneficial to the orderly,
                                                                       15 working days of receipt of the application and                                                                                  efficient and economic development of Jumeirah Village
                                                                       determination of completeness.                                                                                                     and will enhance or protect the health, welfare, safety,
                                                                                                                                                                                                          morals, order, convenience, or prosperity of surrounding
                                                                                                                                                                                                          residents, investors, employees, and guests of the
   30   31   32   33   34   35   36   37   38   39   40