[CC 1996 § 25-153; Ord. No. 891 § 25-301]
A. 
All applications shall be made on forms provided by the City.
B. 
If an application is filed by, or on behalf of, a landowner, an affidavit of ownership shall be submitted to the City with the application.
C. 
If an application is filed by an agent of a landowner, an affidavit of the landowner establishing the agent's authorization to act on behalf of the landowner shall also be submitted with the application.
D. 
The affidavits required by this Section shall be on forms provided by the City or in such form as is acceptable to the Zoning Officer and shall be submitted at the time of filing the application.
[CC 1996 § 25-154; Ord. No. 891 § 25-302]
A. 
A pre-application conference with the Zoning Officer shall be required prior to submission of any application for site plan approval, rezoning, special use permits, preliminary development plan, or preliminary plat. The purpose of this conference is to:
1. 
Acquaint the applicant with the procedural requirements of this Chapter;
2. 
Provide for an exchange of information regarding applicant's proposed development and the regulations, restrictions and requirements of this Chapter, the Comprehensive Plan and other development requirements;
3. 
Advise the applicant of any public sources of information that may aid the application;
4. 
Identify policies and regulations that create opportunities or pose significant restraints for the proposed development;
5. 
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
6. 
Review whether the application is compatible with adjacent proposed or existing development; and
7. 
Permit assistance by City staff with the general design of the development.
[CC 1996 § 25-155; Ord. No. 891 § 25-303]
A. 
Application Requirements. Unless otherwise indicated in this Chapter or by the Zoning Officer, all applications shall contain or be accompanied by the following items and materials;
1. 
Date prepared;
2. 
Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;
3. 
Affidavit of ownership pursuant to Section 400.250;
4. 
Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;
5. 
Form provided by Zoning Officer, signed by both the landowner and the Zoning Officer, that shows a pre-application conference has occurred in conformance with Section 400.260;
6. 
Accurate legal description of the property for which the application is submitted and a plat mat showing the location of the property in the City;
7. 
Statement regarding adequate public facilities and services for the proposed development pursuant to Section 400.280; and
8. 
Any technical studies that may be required by the Zoning Officer pursuant to Section 400.290.
B. 
Map Submission Requirements. Unless otherwise indicated in this Chapter or by the Zoning Officer, each map required by this Chapter shall be on paper that is twenty-four (24) inches by thirty-six (36) inches and shall contain the following:
1. 
Date prepared;
2. 
Name, address and telephone number of the person who prepared, or person responsible for preparing, the map;
3. 
Graphic, engineering scale;
4. 
North arrow;
5. 
Location of property lines of the subject property;
6. 
Approximate topography at ten-foot contour intervals for preliminary submissions, and five- or two-foot contour intervals for final submissions; and
7. 
Existing land uses, structures and public and private streets.
[CC 1996 § 25-156; Ord. No. 891 § 25-304]
A. 
Review Of Adequate Public Facilities And Services. At the time of submittal of a site plan, special use permit, preliminary development plan for a Planned Overlay District, preliminary plat application, or for any other application deemed necessary by the Zoning Officer, the applicant shall submit proof of having reviewed the development proposal with applicable officials regarding public services and facilities, including gas, electric utility, school, highway, and street officials. Proof of this review shall be provided on forms furnished by the Zoning Officer. These forms shall provide an opportunity for applicable water, stormwater and waste water, fire, gas, electric, school and highway and street officials to provide comments on the existing and future availability and timing of services and facilities provided by their respective districts, agencies or departments to the subject property.
B. 
Documentation Of Adequate Public Services And Facilities. At the time of submittal of a final development plan, final plat application, or other final application deemed necessary by the Zoning Officer, the applicant shall submit to the Zoning Officer documentation of whether adequate public services and facilities are, or will be, available to serve the proposed development, including adequate water, sewer, fire, gas, electric, school services and highway and street facilities. If adequate public facilities and services are not presently available at the time of submittal of these applications, or are not planned to be available reasonably concurrent with the anticipated impacts of the proposed development, as determined by the affected utility company, agency or department, the application may be denied by the City.
[CC 1996 § 25-157; Ord. No. 891 § 25-305]
A. 
Technical Studies Required By Zoning Officer. The Zoning Officer may require applicants to submit any technical studies that are deemed necessary to enable the appropriate person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geological or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the Zoning Officer. The costs of all studies shall be borne by the applicant.
B. 
Technical Studies Required By Commission Or Governing Body. Notwithstanding the fact that the Zoning Officer did not require submission of a technical study in support of an application, either the Commission or the Governing Body may require the submission of a technical study prior to taking action on an application. In this case, the persons or firms selected to perform the study shall be approved by the entity requesting that the study be performed. Any decision of the Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final.
[CC 1996 § 25-158; Ord. No. 891 § 25-306]
No application shall be deemed complete until all items required to be submitted by this Chapter have been submitted. Upon receipt of a complete application, the Zoning Officer shall note the filing date on the application and shall make a permanent record thereof. If the applicant fails to submit required elements, the application will not be considered complete, the application shall not be processed, and the filing notification and advertising process established by this Chapter will not begin until all required elements have been submitted in the form required by this Chapter.
[CC 1996 § 25-159; Ord. No. 891 § 25-307]
The Zoning Officer administratively provide for submission deadlines for materials required in support of any application provided for in this Chapter These deadlines shall be provided to the applicant at the pre-application conference required by Section 400.260. Compliance with these deadlines is required before the application will be placed on an agenda to be heard by the appropriate entity.
[CC 1996 § 25-160; Ord. No. 891 § 25-308]
In an instance where an applicant seeks approval of two (2) requests simultaneously, such as a rezoning and a special! use permit, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.
[CC 1996 § 25-161; Ord. No. 891 § 25-309]
The City staff shall review all applications, plans, information and data submitted in support of an application by the applicant. After reviewing the information, the City staff shall prepare a staff report discussing the submitted data. This report shall be provided to the applicant and all appropriate City officials and be available for public review. The staff report may contain a recommendation for approval, approval with conditions, or denial.
[CC 1996 § 25-162; Ord. No. 891 § 25-310]
A. 
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, including, but not limited to:
1. 
Limitations on permitted uses;
2. 
Time of performance requirements;
3. 
Limitation on hours of operation; and
4. 
Provision of services and/or facilities to ensure that adequate public services and facilities are available to serve the development proposed by the application.
[CC 1996 § 25-163; Ord. No. 891 § 25-311]
A. 
Unless otherwise specifically provided in this Chapter or by other applicable laws, written findings are not required for a final decision on any application.
B. 
Any decision may be expressly made subject to the subsequent adoption of written findings and, if expressly made subject to written findings, the decision shall not be final until the findings are adopted.
C. 
In the event that any decision authorized by this Chapter is the subject of a lawsuit, the City is authorized to prepare and adopt written findings and submit those findings to the court for consideration.
[CC 1996 § 25-164; Ord. No. 891 § 25-312]
A. 
In the case of a decision to approve an application where adoption of an ordinance is required, the decision shall be final on the date that the Governing Body adopts the ordinance approving the application.
B. 
A decision to deny an application is final when:
1. 
The Governing Body votes to deny the application; or
2. 
An ordinance for the application fails to receive the number of votes required by law.
[CC 1996 § 25-165; Ord. No. 891 § 25-313]
Except where this Chapter provides for an appeal to another body, any person, official or agency who is aggrieved by a final decision on an application provided for in this Chapter, and who desires to appeal the decision, shall file the appeal in the Circuit Court of Crawford County within thirty (30) days after the decision is made.