[Ord. No. 111808 §1(400-1100), 11-18-2008]
A. No
development or development activity shall be permitted unless all
development approvals applicable to the proposed development are issued
in accordance with this code. Development approvals are required for
all development, unless otherwise provided for in this code, to ensure
compliance with the various adopted codes, standards and laws and
to ensure consistency with the Comprehensive Plan and policies of
the City. This Article describes procedural elements for the review
and approval of applications under this code. Generally, the procedures
for all applications have five (5) common elements:
1. Preapplication meeting between the applicant and City Planner;
2. Submittal of a complete application, including required fee payments
and appropriate information and studies;
3. Review of the submittal by appropriate staff, agencies, Commission
and Board;
4. A decision to approve, approve with conditions or deny together with
the description of the actions authorized and the time period for
exercising rights; and
5. Recording the decision and, where necessary, submittal of revised
final documents.
[Ord. No. 111808 §1(400-1101), 11-18-2008; Ord. No. 07012013A, 7-1-2013]
A. The review and approval procedures contained in this Article shall
be applicable, unless otherwise provided for in this Code, to the
following application types:
1.
Change to the text of this Code;
2.
Change to the Official Zoning Map;
3.
Approval of a development plan within a "C-P" Planned Business
District;
4.
Amendment of an approved development plan within a "C-P" Planned
Business District;
5.
Approval of a special permit; and
6.
Amendment of a special permit not authorized by the City Planner.
[Ord. No. 111808 §1(400-1102.1 — 2), 11-18-2008]
A. In
order to conserve time, effort and expense, an applicant for development
approval shall consult with the City Planner prior to the submittal
of an application. The purpose of this preapplication meeting is to
allow the applicant and the City Planner to meet to discuss the procedures
for processing the application, determine the applicable ordinances
or regulations, discuss the character of the proposed development,
adequacy of public facilities, required minimum improvements and alert
the applicant to any potential problems with the location or design
of the proposed development. During this meeting, the subdivider and
City Planner will also discuss the required public participation meeting
process, if applicable.
1. Preapplication materials. A sketch plan shall be
presented to the City Planner at the time of the preapplication meeting.
The sketch plan shall be prepared in accordance with and shall provide
the information described in the requirements for the particular application.
2. Preapplication review.
a. After receipt of a sketch plan, the City Planner and other staff
directly concerned with the application proposal shall review the
sketch plan. The City Planner shall prepare a summary of any findings
or recommendations.
b. Within thirty (30) days after receipt of a sketch plan, the City
Planner shall provide the applicant with a written summary of any
findings or recommendations. One (1) copy of the sketch plan and written
summary shall be maintained in the records of the City Planner.
c. A sketch plan shall not be formally approved or denied and is not
binding upon either the applicant or the City.
[Ord. No. 111808 §1(400-1103.1 — 2), 11-18-2008]
A. After
the requirements for a preapplication meeting have been met, the applicant
shall prepare and submit twenty (20) copies of the application for
review and recommendation by staff. The application submittal shall
be prepared in accordance with and shall provide the information described
in the requirements for the particular application as set forth elsewhere
in this code. The required application fee shall be submitted with
the application.
1. Completeness review, scheduling.
a. No application is complete unless a completed application form, all
required drawings, descriptions and other information has been submitted
and all applicable fees have been paid. The City Planner shall determine
whether the application is complete.
b. When an application, together with all submitted material, is determined
to be incomplete, the City Planner shall, within thirty (30) days
of the application submittal, notify the applicant in writing of any
additional information required. The applicant may resubmit the application
with all additional information required by the City Planner.
c. When an application is determined to be complete, the City Planner
shall schedule the application on a Commission agenda no later than
sixty (60) days following the date the application was determined
complete.
2. Staff review and recommendation.
a. The City Planner shall distribute copies of the application and accompanying
material to other City departments and governmental agencies who are
directly concerned with the proposed development.
b. Each department or agency shall, within twenty (20) days from receipt
of a copy of the application materials, file with the City Planner
its approval of said application or a report indicating in what manner
such application does not conform to the requirements of this code
and all other rules, regulations and standards adopted by the City
over which such department or agency has administrative responsibility.
c. The City Planner shall receive comments from other City departments
and governmental agencies and prepare a staff report summarizing staff
findings and making a staff recommendation. Such report shall be forwarded
to the Planning Commission for review.
[Ord. No. 111808 §1(400-1104), 11-18-2008]
A. The
Commission shall, within sixty (60) days after an application is determined
to be complete and after giving notice as provided herein, hold a
public hearing on the application and proposed development. Said public
hearing may be adjourned from time to time; however, within fifteen
(15) days after the conclusion of said public hearing, the Commission
shall prepare and transmit to the Board their specific findings of
fact, together with a record of the hearing thereon, with respect
to the extent to which the application complies with this code, together
with its recommendation in respect to the action to be taken on the
application.
1. If, after public hearing, the Commission finds the application complies
with the requirements of this code, it shall recommend approval of
the application.
2. If a City department or other governmental agency which is directly
concerned with the proposed application failed to file with the City
Planner its approval of or a report on the application, the Commission
may withhold its action on the application until such department or
agency provides its report. If such department or agency fails to
provide their report prior to the next regularly scheduled Commission
meeting, they shall be deemed to have recommended approval of the
application.
3. If, after public hearing, the Commission finds the application does
not satisfy the requirements of this code, it shall specify in writing
in the minutes of the hearing the objections to the application. The
Commission may recommend denial of the application or may recommend
approval of the application with amendments, conditions or restrictions
which will remove the objections and bring the application into compliance
with this code.
[Ord. No. 111808 §1(400-1105), 11-18-2008]
A. Upon
receipt of the recommendations of the Commission concerning an application,
the Board shall, within thirty (30) days, consider the application,
recommendations of the Commission and any public input submitted.
The Board may approve or modify the recommendations of the Commission
and may approve the application with or without amendments, conditions
or restrictions or may deny the application.
1. If, after public hearing, the Board finds the application complies
with the requirements of this code, it shall approve the application.
The Board may also grant conditional approval of the application by
accepting any or all of the Commission's conditions and may impose
any other conditions it deems reasonable and necessary to fulfill
the intent and purpose of this code.
2. If, after public hearing, the Board finds the application does not
satisfy the requirements of this code, it shall specify in writing
in the minutes of the hearing the objections to the application. The
Board may deny the application or may approve the application with
amendments, conditions or restrictions which will remove the objections
and bring the application into compliance with this code.
[Ord. No. 111808 §1(400-1109), 11-18-2008]
A. Applications for development approval within the "C-P" Planned Business
District shall be required to complete a public participation meeting
prior to the initial Planning Commission public hearing. Failure of
an applicant to timely complete this meeting may delay the initial
public hearing of the Planning Commission.
[Ord. No. 07012013A, 7-1-2013]
B. During
the preapplication meeting on a sketch plan, the applicant and City
Planner will discuss the public participation meeting requirements.
C. Prior
to the scheduling of the initial Planning Commission public hearing,
the subdivider shall send a courtesy notification via regular U.S.
mail to the owners of record of all property located within three
hundred (300) feet of the boundaries of the proposed development.
D. The
public participation meeting notice shall briefly describe the proposed
development, including the number and type of dwelling units, amount
of commercial and/or industrial square footage and amount of open
space or parkland to be dedicated to the public. The notice shall
also provide an opportunity for neighbors in the general proximity
of the proposed development to meet with and confer with the applicant
and attempt to resolve any issues that may impact them.
E. The
applicant shall hold a meeting with the neighbors to discuss the proposed
development prior to the initial Planning Commission public hearing.
This meeting shall be held at a reasonable time of day and at a location
generally convenient to the neighbors.
F. After
the meeting, the applicant shall prepare a written summary of the
general content of the meeting, outlining any concerns or issues raised
by attendees, the applicant's response and any actions taken to lessen
or mitigate them and any issues that remain unresolved. This written
summary shall be filed with the City Planner at least fifteen (15)
days prior to the initial scheduled Planning Commission public hearing.
[Ord. No. 111808 §1(400-1110), 11-18-2008; Ord. No. 10172022B, 10-17-2022]
A. Public
hearings required to be held by the Planning Commission or Board of
Aldermen under this Code shall not be held until notice thereof has
been given in compliance with the following provisions:
1. At least fifteen (15) days' notice of the time and place of such
hearing shall be published in the official newspaper or a newspaper
of general circulation in the community. Such notice shall fix the
time and place for such hearing and contain a statement regarding
the proposed changes in regulations or restrictions or in the boundary
or classification of any zone or district or of the nature of a special
permit application. When such proposed amendment is a change in the
boundary or classification of any zone or district or the application
is for a special permit, the property shall be designated by legal
description or a general description sufficient to identify the property
under consideration.
2. The applicant shall post a sign, furnished by the City, along each
road frontage in a conspicuous place on the property upon which action
is pending. Notice shall be posted at least fifteen (15) days prior
to the date of the public hearing. The sign shall be placed within
five (5) feet of the right-of-way line in a central position on the
property and placed so the sign is clearly visible from the street.
The applicant shall make a good faith effort to maintain the sign
on the property. The sign shall be removed and returned to the City
in reasonable condition within five (5) days of the date of final
action by the Board of Aldermen.
3. In the case of an application for a map amendment, the City shall
also prepare and mail letters to be delivered by regular US Mail to
all property owners within three hundred (300) feet of the boundaries
of the property for which the zoning change is requested at least
fifteen (15) days prior to the date of the hearing advising them of
the date and place of the hearing and the nature and purpose of the
hearing.
B. Public
hearings shall be conducted, and a record of the proceedings shall
be preserved in such manner and according to such procedures as the
Commission and Board may from time to time prescribe by rule. Any
interested person or party may appear and be heard at the hearing
in person, by agent or by attorney. The Commission or Board may request
a report on any proposed amendment from any City department, governmental
official or agency or any other person, firm or corporation. If such
a report is made, a copy thereof shall be made available to the applicant
and any other interested persons and shall be available for review
in City Hall at least three (3) working days before the date set for
the public hearing.