[R.O. 2011 §400.180; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 1671, 7-16-2019; Ord. No. 2126, 11-18-2025]
A.
Authority To File Applications. Applications for amendment of any portion of this Chapter may be made by the City or any interested party. For all other applications, the Planning and Zoning Commission, Board of Aldermen or property owner or property owner's agent are authorized to submit the application. The City shall be authorized to require proof of legal authority to submit an application.
B.
Post-Application Conference. The applicant shall have a post-application conference, after filing an application with the Director of Community Development and any other necessary City staff to discuss the proposed project, procedures and requirements.
C.
Forms. All applications shall be submitted to the Community Development Department on forms provided by the City. Applications shall be accompanied by all submittal requirements and necessary information to facilitate review of the proposed project.
D.
Fees. At the time the application is submitted, the applicant shall pay all required fees. The fees are not transferable to other properties nor are they refundable, but refunds shall be granted if an error in the fee calculation is discovered. In regards to fees, re-applications shall be considered new applications and all required fees shall be paid. Fees shall be established by the City and are designed to defray the cost of processing the application. (See Section 400.1110 Schedule of Fees.)
E.
Levee District Review Fees. All costs incurred by the City in preparing, reviewing and processing an application involving the levee district, which are not otherwise covered by the originally submitted fee, shall be paid by the applicant.
F.
Determination Of Complete Application. No application shall be considered complete until all items in support of the application, as required by this Article, have been submitted and all fees paid. Applications shall be reviewed for completeness within approximately five (5) days of submission. If the application is determined to be complete, it shall enter the application processing cycle as outlined by the development guide. A determination of completeness shall not constitute a determination of compliance with the requirements of this Chapter. Incomplete applications shall be returned to the applicant with a statement as to what sections are incomplete and no action shall be taken until all deficiencies are remedied. If an application has not been deemed complete within three (3) months from the date of original submission, the application shall be dismissed.
G.
Preparation Of Plans, Plats, Etc. Unless otherwise allowed by the Director of Community Development or their designees, all plans, plats, buildings, elevations, etc., must be prepared by an urban design professional, including planners, landscape architects, architects, professional engineers or licensed land surveyors.
H.
Submission Of Technical Studies. The Director of Community Development or their designees, the Public Works Director/City Engineer, Planning and Zoning Commission or Board of Aldermen may require applicants requesting development or permit approval to submit such technical studies as may be necessary to enable the body to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geological or hydrologic studies, environmental impact assessments or noise studies. The person or firms preparing the studies shall be subject to the approval of the Director of Community Development or their designees. The costs of preparing and reviewing all studies shall be borne by the applicant.
I.
Application Processing Cycles. The Director of Community Development or their designees, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles shall be further outlined by the development guide. Processing cycles may include:
1.
Dates of regular meetings of review bodies and decision makers.
2.
Deadlines for receipt of a complete application for consideration of such application at a particular meeting.
3.
The scheduling of staff reviews and staff reports on complete applications.
4.
All required steps in the application process (including public hearings, decisions meetings and review by other bodies).
5.
The publication of required notices of public hearings.
J.
Withdrawal. Once filed, an application may be withdrawn upon a written notice to the Director of Community Development or their designees without a refund of fees.
K.
Inactive Application. Should any application remain inactive for a period of three (3) months, it shall be considered withdrawn unless the applicant petitions the Planning and Zoning Commission requesting an extension. The request shall include written reason why the application has remained inactive and a schedule indicating when the application will again be active.
L.
Resubmission. Whenever any application has been finally acted upon by the decision-making body and the decision of the decision-making body has been adverse to the applicant, the decision-making body shall not, for a period of six (6) months from the date of its decision, receive or entertain any identical or similar application seeking the same or similar request as stated in the application first denied.
M.
Sunset. If no action is taken on an approved application within one (1) year from the date the application was approved, the decision of the decision-making body shall sunset and the application approval shall become void, unless otherwise specified in this Article.
N.
Actions By Decision-Making Bodies. Decision-making bodies may take any action on an application that is consistent with any notice given including, but not limited to, approving the application, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-making bodies may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in the notice.
O.
Inaction By Review Or Decision-Making Bodies. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law or unless the applicant requests or agrees to an extension of the time frame. When a decision-making body fails to take action on an application within the time required, such inaction shall be deemed a denial of the application unless otherwise provided by law or unless the applicant requests or agrees to an extension of the time frame.
P.
Conditional Approvals. In the consideration of any application authorized by this Chapter, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions or standards as are reasonably necessary to ensure compliance with applicable standards stated in this Chapter and to promote the public health, safety, comfort and general welfare of the community.
Q.
Review Criteria For Considering Applications. In considering any application the recommending and decision-making bodies shall give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The bodies may also consider other factors that may be relevant to a particular application.
1.
The impact the proposal would have on the general health, safety and welfare of the citizens of the City.
2.
Whether the proposal is consistent with the intent and purpose of this Chapter.
3.
Whether the proposal is consistent with the Comprehensive Master Plan and other adopted planning policies.
4.
Whether the proposal is consistent with the City Municipal Code and other adopted policies.
5.
The extent to which public facilities and services are available and adequate to meet the demand generated by the proposal.
6.
The recommendation of professional staff.
7.
The precedents and the possible impact of such precedents that might result from approval or denial of the application.
8.
The character of the surrounding neighborhood.
9.
The existing and any proposed zoning and uses of adjacent properties and the extent to which the proposal is compatible with the adjacent zoning and uses.
10.
The extent to which the proposal will impact the property and neighboring property.
11.
The suitability of the property for the uses to which it has been restricted under the existing zoning district regulations.
12.
The length of time, if any, the property has remained vacant as zoned.
13.
The economic impact of the proposal on the community.
14.
The extent to which there is a need for the use in the community.
15.
Whether the proposal is made necessary because of changed or changing regulatory requirements, social values, new planning concepts or other social or economic conditions.
R.
Relationship To Building, Public Works And Other Permits And Approvals. The approval of any application shall not exempt the applicant from obtaining all necessary building, public works and other permits and approvals as required by the City Municipal Code.