[Ord. No. 4190, 2-1-2021]
A.
This Section describes the common procedures and requirements applicable
to all applications authorized by this Code. Common procedures include
six (6) steps, as shown in Figure 405.020, not all of which are applicable
to every application.
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Figure 405.020
Common Procedures
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1
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2
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3
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4
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5
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6
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Preapplication Meetings
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Application Submission and Handling
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Staff Review and Action
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Notice and Public Hearings
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Review and Decision-Making Bodies
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Post-Decision Actions and Limitations
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[Ord. No. 4190, 2-1-2021]
A.
Preapplication Staff Meeting.
1.
Purpose.
a.
The preapplication staff meeting is intended to provide an opportunity
for the applicant to meet with City staff to discuss submittal requirements,
review procedures, and to identify any issues associated with the
proposed development concept.
2.
Applicability.
a.
A preapplication staff meeting may be requested by an applicant
for any application type and shall be required for applications as
indicated in Table 405.010, Summary Table of Application Procedures.
b.
The preapplication staff meeting requirements may be waived
by the Community Development Director if the Director determines that
the proposal would not have significant impacts on the surrounding
properties, environment, or infrastructure.
3.
4.
Effect.
B.
Preapplication Neighborhood Meeting.
1.
Purpose.
a.
A preapplication neighborhood meeting is intended to allow residents,
businesses, and organizations in the area surrounding a proposed development
an opportunity to learn about the project details and to provide feedback
to the applicants.
2.
Applicability.
a.
A preapplication neighborhood meeting is required for applications
as indicated in Table 405.010, Summary Table of Application Procedures.
b.
The preapplication neighborhood meeting requirements may be
waived by the Community Development Director if the Director determines
that the proposal would not have significant impacts on the surrounding
properties, environment, or infrastructure.
3.
Notice.
a.
The applicant shall be responsible for providing notice by mail
to all owners of record within five hundred (500) feet of the boundaries
of the property.
b.
Notice shall be provided at least fifteen (15) days prior to
the meeting date and shall include the meeting date, time, location,
address of the proposed development and short description of the proposed
project.
c.
The applicant shall also provide notice to the Community Development
Director.
4.
Meeting Specifics.
a.
The meeting shall be organized by the applicant.
b.
City staff are not required to plan, organize, attend or participate
in the meeting.
c.
The applicant shall present, at a minimum, proposed land uses,
a conceptual site layout of buildings, parking and vehicle access,
and the preliminary design concept. Engineered plans are not required.
d.
The applicant shall provide an opportunity for attendees to
provide feedback and ask questions.
e.
As part of the application submittal, the applicant shall submit
a summary of the meeting, list of attendees, copy of the presentation
and proof of notification.
f.
The applicant is required to host one (1) preapplication neighborhood
meeting, but may agree to conduct additional meetings before or after
filing an application.
[Ord. No. 4190, 2-1-2021]
A.
Authority To Apply.
1.
Unless expressly stated otherwise in this Code, applications
may be submitted by the following entities:
2.
If there are multiple property owners, contract purchasers,
or other persons authorized to submit the application, all such persons
shall sign the application or a letter or document consenting to the
application.
3.
No application shall be submitted or accepted prior to completing
the required preapplication meetings as indicated in Table 405.010, Summary Table of
Application Procedures.
B.
Application Content And Fees.
1.
The application shall be submitted to the Department of Community
Development or Department of Public Works, as applicable, on a form
established by the director of the applicable department.
2.
Application forms listing submission requirement details shall
be established and maintained by the City.
3.
The application, plans, and supporting documents shall provide
sufficient detail to verify conformance with the applicable standards
of this Code and the application-specific review criteria.
C.
Submittal Deadlines And Review Schedules.
1.
Applications requiring review or approval by the Planning and
Zoning Commission or Board of Adjustment as indicated in Table 405.010, Summary Table of
Application Procedures, shall be filed in the office of the
Community Development Director at least thirty-five (35) days prior
to a regularly scheduled meeting of the Planning and Zoning Commission
or Board of Adjustment.
2.
The Community Development Director shall establish a more specific
processing cycle for each type of application, which includes:
a.
Dates of regular meetings of review bodies and decision makers
that comply with all legal requirements for notice and public meeting
deadlines;
b.
Deadlines for receipt of a complete application for consideration
at a particular meeting;
c.
The scheduling of staff review, agency review and staff reports
on complete applications;
d.
The steps and benchmarks in the application process (including
required notice requirements, public meetings, public hearings, decision
meetings and review by other bodies).
D.
Concurrent Applications.
1.
At the discretion of the Community Development Director or Public
Works Director, as applicable, multiple applications types may be
filed for the same property and may be reviewed and acted on concurrently.
2.
Whenever two (2) or more application types are required under
this Code, the Community Development Director or Public Works Director,
as applicable, shall determine the order and timing of review.
3.
When a development includes multiple parcels, a separate application
for each property shall be submitted unless the Community Development
Director or Public Works Director, as applicable, approves a consolidated
application.
E.
Determination Of Completeness.
1.
The Community Development Director or Public Works Director,
as applicable, shall determine whether the application is complete
or incomplete within seven (7) days of submittal.
2.
An application will be considered complete if it is submitted
in the required number and form, includes all required information,
and is accompanied by the required fee. A complete application shall
be processed in accordance with the procedures in this Chapter.
3.
If an application is determined to be incomplete, written notice
explaining the deficiencies must be provided to the applicant. No
further processing of an incomplete application will occur until the
deficiencies are corrected.
4.
The application shall expire and a new application, including
fee, shall be submitted to commence review if the deficiencies are
not corrected within ninety (90) days of the date of the written notice
of deficiencies to the applicant.
[Ord. No. 4190, 2-1-2021]
A.
Application Review.
1.
The complete application shall be distributed to appropriate
staff for review.
2.
Recommendations and comments shall be submitted to the applicant
in a form established by the Community Development Director or Public
Works Director, as applicable.
3.
The application shall expire and a new application, including
fee, shall be submitted to commence review if no correspondence, documentation
or revised plans are received from the applicant for a period of time
that exceeds ninety (90) days from the date of the written notice
of recommendations and comments to the applicant.
B.
Technical Studies.
1.
The Community Development Director or Public Works Director,
as applicable, on behalf of any public official, department, agency,
or decision-making body, may require applicants to submit technical
studies as may be necessary to evaluate the application.
a.
Technical review by outside entities with expertise or jurisdiction
over some aspects of the application may be required in place of,
in addition to, or in association with any studies.
b.
Examples of technical studies that may be required include traffic
studies, engineering studies, geologic or hydrologic studies, environmental
impact assessments, noise studies, market studies or economic impact
studies.
c.
The costs of all studies and technical review by outside entities
shall be borne by the applicant. Any application that is determined
to require technical studies or review from entities outside of the
City may require special schedules based on the reasonable time frames
to conduct those studies or additional reviews.
C.
Applications Subject To Staff Recommendation.
1.
The Community Development Director shall schedule complete applications
for action by the appropriate review and/or decision-making body as
indicated in Table 405.010, Summary Table of Application Procedures.
2.
The Community Development Director shall prepare a staff report
and provide a copy of the report to the review and/or decision-making
body and to the applicant before the scheduled meeting.
D.
Applications Subject To Staff Decision.
1.
If an application is subject to staff review and final decision
as indicated in Table 405.010, Summary Table of Application Procedures, the appropriate
staff shall make a decision based on the review standards applicable
to the application type. The decision shall be in writing and shall
clearly state reasons for a denial or conditions of approval.
2.
For all application types, the staff decision is immediately
final.
3.
Any conditions of approval shall be limited to conditions necessary
to ensure compliance with the requirements of this Code and shall
relate to the anticipated impacts of the proposed development.
[Ord. No. 4190, 2-1-2021]
B.
Public Hearing Notice.
1.
Applicability.
a.
All public hearings required by this Code shall be preceded
by the notices identified in Table 405.010, Summary Table of Application Procedures.
2.
Content.
a.
The notice shall provide the general nature of the application
and the time, place and location of the public hearing.
4.
Mailed Notice.
a.
The applicant shall provide a certified list from the St. Charles
County Assessor of names and addresses of all owners of record within
five hundred (500) feet of the boundaries of the property.
b.
At the expense of the applicant, the Community Development Director shall mail notice to all property owners referenced in Subsection (B)(4)(a) at least fifteen (15) days prior to the public hearing date.
c.
When mailed notices have been properly addressed and deposited
in the mail, failure of a party to receive such notice shall not invalidate
any subsequent action.
C.
Public Hearing Procedures.
1.
The public hearing shall be conducted, and a record of the proceedings
shall be preserved, as the specific review and/or decision-making
body may prescribe by rule.
2.
Any interested person or party may appear and be heard in person,
by agent, or by attorney.
3.
The review and/or decision-making body may request a report
on the application from any government official or agency, or any
other person, firm or corporation with information pertinent to the
application. A copy of any requested report shall be made available
to the applicant and interested parties and shall be available for
review in the office of the Community Development Director.
4.
A public hearing for which proper notice was given may be continued
to a later date without again complying with the notice requirements
of this Code, provided that the continuance is set for a specific
date, time and location announced at the original public hearing.
[Ord. No. 4190, 2-1-2021]
A.
Public Hearing.
1.
The application shall be subject to review, hearings, recommendations,
and decisions as indicated in Table 405.010, Summary Table of Application Procedures.
2.
If the application is subject to a public hearing, the review and/or decision-making body shall hold a public hearing on the application in accordance with Section 405.060, Notice and Public Hearings.
3.
The review and/or decision-making body shall consider the application,
relevant support materials, staff report, and any evidence and public
comments from the public hearing, if required.
B.
Review Body Action.
1.
The review body shall recommend to the decision-making body
approval, approval with conditions, or denial of the application based
on the applicable review criteria listed in the application-specific
procedures.
2.
The review body may also continue the public hearing in accordance with Section 405.060, Notice and Public Hearings,
to allow further analysis.
3.
The application shall not be continued more than sixty (60)
days from the original meeting date without consent of the applicant.
No application shall be continued more than once without consent of
the applicant.
C.
Decision-Making Body Action.
1.
The decision-making body shall approve, approve with conditions,
or deny the application based on the applicable review criteria listed
in the application-specific procedures.
2.
The decision-making body may also continue the public hearing in accordance with Section 405.060, Notice and Public Hearings, to allow further analysis, and may remand the application to the
appropriate review body for further consideration.
3.
The application shall not be continued more than sixty (60)
days from the original meeting date without consent of the applicant.
No application shall be continued more than once without consent of
the applicant.
D.
Conditions Of Approval.
1.
A review or decision-making body may approve an application
with conditions necessary to bring the proposed development into compliance
with this Code or other regulations, or to mitigate the impacts of
the development.
2.
The Planning and Zoning Commission and Board of Adjustment may
remove, modify or maintain conditions recommended by City staff.
3.
The Board of Aldermen may remove, modify or maintain conditions
recommended by City staff or the Planning and Zoning Commission.
4.
Unless expressed in this Code or specifically modified during
a public meeting, any representations of the applicant in submittal
materials or during public hearings shall be binding as conditions
of approval.
5.
Conditions placed on an approved application shall be resolved
to the satisfaction of the Community Development Director after appropriate
consultation with the Chief Building Official and Public Works Director,
if applicable.
E.
Effect Of Approval.
1.
The issuance of any approval, certificate, or permit under this
Code shall authorize only the particular development, alteration,
construction, or use approved in the subject application.
2.
Approval of an application shall become effective immediately
upon approval by the decision-making body indicated in Table 405.010, Summary Table of
Application Procedures. In the event that additional approval
is required by another governmental authority or agency, the approval
shall not become effective until that approval is received.
3.
Unless otherwise stated for a specific type of permit, approval,
or decision under this Code, or unless otherwise stated on the permit
or approval document, permits and approvals issued under this Code
run with the land and are not affected by changes in ownership or
the form of ownership of the property.
[Ord. No. 4190, 2-1-2021]
A.
Notice Of Decision.
1.
Within ten (10) days after a final decision on an application,
the Community Development Director or Public Works Director, as applicable,
shall provide notice via mail or electronic mail to the applicant
stating the decision and the appropriate next steps.
B.
Appeals.
1.
A party aggrieved or adversely affected by any decision by the
Board of Aldermen, Board of Adjustment, or an appellate body may seek
review of the decision in the courts in accordance with State law.
2.
An applicant aggrieved by final decisions by staff or the Planning
and Zoning Commission on any application listed in Table 405.010, Summary Table of
Application Procedures, may appeal the decision to the appellate
body indicated in Table 405.010, Summary Table of Application Procedures, and in accordance with Section 405.250, Appeal of Final Decision.
C.
Expiration Of Approvals.
1.
Period Of Validity.
a.
Each permit or approval granted under this Code shall be valid
for the periods of time indicated in Table
405.010, Summary Table of Application Procedures, and shall become null and void after that period unless extended pursuant to Subsection (C)(2).
2.
Extensions.
a.
Prior to the expiration date of a permit or approval, the Community
Development Director or Public Works Director, as applicable, may
extend the period of validity one (1) time, for up to one (1) year.
b.
An extension shall be granted only after a written request from
the applicant which explains reasonable cause for such extension has
been received and it is determined that a reasonable cause exists
for such an extension.
D.
Amendments To Approved Applications.
1.
After the City has issued a permit or granted approval pursuant
to this Chapter, the permit or approval may only be amended as described
in this Subsection.
2.
Minor Amendments.
a.
Minor amendments to a permit or approval issued under this Chapter
may be approved by the Community Development Director or Public Works
Director, as applicable, provided that the Director determines that
the following criteria have been met:
3.
Major Amendments.
a.
All amendments to permits or approvals that do not qualify as minor amendments under Subsection (D)(2) may only be approved by the review or decision-making body that issued the permit or approval, and shall be processed as a new application following the same procedure for the original application.
E.
Successive Applications.
1.
In the event that the decision-making body takes final action
to deny an application, the same or a similar application shall not
be refiled for one (1) year from the advertised meeting date.
2.
The Community Development Director or Public Works Director,
as applicable, upon petition by the applicant, may permit a refiling
of the application no sooner than one hundred eighty (180) days after
the scheduled meeting date when it is determined that significant
physical, economic or land use changes have taken place within the
immediate vicinity or a significant text amendment has been adopted.
3.
There shall be no time limitation on the submittal of a substantially
different application.
