It is the purpose of this article to specify the procedures
and requirements for making applications to the Planning Commission
as required by this chapter.
A.
Amendment to text.
(1)
Applications for amendment to the text of this chapter may be
made by the City Council, the Planning Commission, the City Manager,
the Planning Director or by the owner of any parcel of property to
be affected, and shall be submitted to the Planning Department.
(2)
All applications for amendment to the text of this chapter shall include all applicable information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the text amendment request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
B.
Amendment to Official Zoning Map (a "rezone request").
(1)
Applications for amendment to the Official Zoning Map may be
made by the City Council, the Planning Commission, the City Manager,
the Planning Director or the owner of any parcel of property to be
affected, and shall be submitted to the Planning Department.
(2)
All applications for amendment to the Official Zoning Map shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the Official Zoning Map amendment request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
C.
Commercial site plan review.
(1)
Applications for commercial site plan approvals may be made
by the owner of any parcel of property to be affected and shall be
submitted to the Planning Department.
(2)
All applications for commercial site plan approvals shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the commercial site plan request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation, unless the DRT, having found that more information or review is necessary, continues the matter. At no time shall the review extension exceed more than 30 days beyond the public hearing date.
D.
Variances.
(1)
Applications for variance may be made by the owner of any parcel
of property to be affected and shall be submitted to the Planning
Department. Applications for variances associated with a subdivision
request shall be submitted with the preliminary plat application or
with the summary subdivision application, as applicable.
(2)
Applications for variance to this chapter shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the variance request. Notice of public hearing shall be given as provided in Article V. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
E.
Special use permits.
(1)
Applications for special use permits may be made by the owner
of any parcel of property to be affected and shall be submitted to
the Planning Department.
(2)
All applications for special use permits shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the special use permit request. Notice of public hearing shall be given as provided in Article V. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
F.
Determination of uses; additions, deletions, or changes in category
of uses allowed.
(1)
Applications for determinations of uses and additions, deletions
or changes in category of uses allowed may be made by the City Council,
Planning Commission, City Manager, Planning Director or by the owner
of any parcel of property to be affected and shall be submitted to
the Planning Department.
(2)
Applications for determinations of uses and additions, deletions or changes in category, of uses allowed, shall include all information, and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining how it
conforms to the pertinent review criteria.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the request. Notice of public hearing shall be given as provided in Article V. If DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
G.
Landscape plans.
(1)
Applications for landscape plans may be made by the owner of
any parcel of property to be affected and shall be submitted to the
Planning Department.
(2)
Applications for landscape plans shall be submitted as part
of the original application for the site plan or special use permit.
(3)
Applications for landscape plans shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(4)
The application shall include a statement explaining how it
conforms to the pertinent review criteria, including §§ 1304
and 1305, and shall depict:
(a)
General location of all existing trees six inches or greater
in diameter.
(c)
Location and type of shrubbery and trees; e.g., canopy, understory,
evergreen by common name.
(d)
Number of parking spaces required.
(e)
A summary of the square footage of the overall site and landscaping
area (including living and nonliving ground cover).
(f)
North arrow and scale.
(g)
Adjacent site landscaping treatments.
(h)
Finished topographic contours.
(5)
The decisionmaking authority shall not take final action on
a site plan or special use permit application without prior review
and approval of a landscape plan by the Planning Director. When the
applicant has completed the final plat, the Planning Director shall
review the final landscape plan for action in accordance with § 201
and determine whether it should be forwarded to the Planning Commission
for its consideration.
H.
Amendment to the Comprehensive Plan.
(1)
Applications for amendment to the Comprehensive Plan may be
made by the City Council, the Planning Commission, the City Manager,
the Planning Director or by the owner of any parcel of property to
be affected, and shall be submitted to the Planning Department.
(2)
Applications for amendment to the Comprehensive Plan shall be in conformance with this section and shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
The application shall include a statement explaining why the
amendment is necessary and shall cite the sections of the Comprehensive
Plan to be amended.
(4)
Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the Comprehensive Plan amendment request. Notice of public hearing shall be given as provided in Article V. If DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.
I.
Temporary uses.
(1)
Applications for temporary use permits may be made by the owner
of any parcel of property to be affected and shall be submitted to
the Planning Department. No temporary use permit shall be approved,
by the Planning Director, for more than six months. Initial requests
involving request for more than six months shall be made to the Planning
Commission.
(2)
Applications for temporary use permits shall be in conformance with this section and shall contain sufficient information to determine the yard area, sanitary facilities and parking space required for the proposed use and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.
[Amended 7-11-2019 by Ord. No. 2019-03]
(3)
In issuing a temporary use permit, the Planning Director or
Planning Commission may indicate the permitted hours of operation
and any other conditions, such as lighting, parking or protective
fences, which are deemed necessary to protect adjacent property or
the public health, safety and welfare.
(4)
Each site occupied by a temporary use shall be left free of
debris, litter or any evidence of the temporary use upon the expiration
of the temporary use permit and the cessation of the temporary use.
Before issuing a temporary use permit, the Planning Director or Planning
Commission shall require a cash deposit or letter of credit as may
be determined to be adequate to ensure the cleaning up of the property
covered by the temporary use permit. If the property and the surrounding
area are not in the condition required, then the City may restore
it to that condition, in which event the City shall have the right
to be reimbursed for the costs incurred from the deposit or other
security.
(5)
Upon written application, the Planning Director or Planning
Commission may modify any of the conditions contained in the temporary
use permit, if the Planning Director or Planning Commission determines
that the modification does not conflict with the purposes of the zoning
requirements.
(6)
Upon written application, the Planning Director may extend the
time of operation of the temporary use permit no more than 20% above
the total time initially allowed. Extension of time beyond 20% shall
be approved by formal action of the Planning Commission.
(7)
A use requiring a temporary use permit but continuing beyond
the allowed temporary use period, as provided in this chapter, shall
constitute an offense under this chapter and shall be subject to the
general penalties for such offense.
(8)
Following receipt of a complete application, the Planning Director
or Planning Commission may issue the requested temporary use permit
when the Planning Director finds that all of the conditions can be
met as set forth in this subsection.
