9.1.1
Applicability.
The common procedural provisions of this section apply to all of the procedures in this article unless otherwise expressly stated.
9.1.2
Review and Decision-making Authority.
Table 9-1 provides a summary of the review and approval procedures of this article. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this article, the detailed procedures govern.
Table 9-1: Review and Decision-making Authority | ||||
|---|---|---|---|---|
Procedure | CDD | BoA | P&Z | CC |
Zoning Text/Map Amendment | R | – | R* | DM* |
Specific Use Permit | R | – | R* | DM* |
Planned Development | R | – | R* | DM* |
Special Exception | R | DM* | – | – |
Variance | R | DM* | – | – |
Appeal of Administrative Decision | – | DM* | – | – |
Table notes: |
|---|
R = review and recommending authority |
DM = decision-making authority |
CDD = community development director |
BOA = board of adjustment |
P&Z = planning and zoning commission |
CC = city council |
* = public hearing |
9.1.3
Preapplication Meetings.
A.
Purpose.
Preapplication meetings provide an early (preapplication) opportunity for staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance.
B.
Applicability.
Preapplication meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.
C.
Scheduling.
Preapplication meetings must be scheduled with community development department staff.
D.
Guidelines.
The community development director is authorized to establish guidelines for preapplication meetings, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.
9.1.4
Applications and Fees.
A.
Owner-initiated Applications.
Whenever the provisions of this zoning ordinance allow the filing of an application by the owner of the subject property, that application must be filed by all record title owners of the real properties that are the subject of the application or the property owners’ authorized agent.
B.
Form of Application.
Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decision-making bodies in their consideration of the application, including at least the following:
1.
A list of the names and addresses of all owners of record of the property that is the subject of the application; and
2.
Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this zoning ordinance or application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.
C.
Application Filing Fees and Notification Costs.
All applications filed by property owner must be accompanied by the application fee that has been established by the city council. Application filing fees are intended to cover the cost of providing public hearing notices and other administrative costs relating to reviewing and processing applications.
D.
Application Completeness, Accuracy and Sufficiency.
1.
An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.
2.
The official responsible for accepting the application must make a determination of application completeness within 10 business days of application filing.
3.
If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application’s deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail or first-class mail.
4.
No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 60 days, the application will be deemed to have been withdrawn.
5.
Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.
6.
The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the community development director determines that:
a.
The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations;
b.
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations; or
c.
The decision-making body does not have legal authority to approve the application.
9.1.5
Application Processing Cycles.
The community development director and other officials responsible for accepting applications, after consulting with review and decision-making bodies, is authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.
9.1.6
Neighbor Communications.
A.
Neighbor communications are encouraged by the board of adjustment, planning and zoning commission and city council to help:
B.
Applicants are encouraged to submit a summary of their neighbor communication activities at or before the first required public hearing. The recommended content of such summaries is as follows:
1.
Efforts to notify neighbors about the proposal (how and when notification occurred, and who was notified);
2.
How information about the proposal was shared with neighbors (mailings, work-shops, meetings, open houses, fliers, door-to-door handouts, etc.);
3.
Who was involved in the discussions;
4.
Concerns raised by neighbors; and
5.
What specific changes (if any) were considered and/or made as a result of the neighbor communications.
9.1.7
Public Hearing Notices.
A.
Newspaper Notice.
Whenever the procedures of this article require that newspaper notice be provided, the notice must be published in the city’s official newspaper or a newspaper of general circulation within the city.
B.
Mailed Notice.
Whenever the procedures of this article require that mailed notice be provided, a written notice must be sent by United States Postal Service first class mail to the owner of the subject property and owners of real property lying within 200 feet of the subject property. Addresses must be based on the most recently approved city tax roll.
C.
Content of Required Notice.
All required public hearing notices must:
1.
Indicate the date, time and place of the public hearing that is the subject of the notice;
2.
Describe any property involved in the application by map, street address or legal description;
3.
Describe the action sought in the application or proposal;
4.
Identify who will conduct the hearing; and
5.
Indicate where additional information on the matter can be obtained.
D.
Constructive Notice.
1.
When the records of the city document the publication or mailing of notice, as required by this article, required notice of the public hearing will be presumed to have been given.
2.
Minor defects in required notices will not be deemed to impair the notice or invalidate proceedings pursuant to the notice. Minor defects in notice are limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. If questions arise at the hearing regarding the adequacy of notice, the hearing body must make a formal finding about whether there was substantial compliance with the notice requirements of this zoning ordinance.
9.1.8
Hearing Procedures.
A.
At required public hearings, interested persons must be permitted to submit information and comments, verbally or in writing. The hearing body is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.
B.
Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.
C.
If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring renotification, the applicant must pay any costs of renotification.
9.1.9
Action by Review and Decision-Making Bodies.
A.
In taking action under the procedures of this article, review and decision-making bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.
C.
Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.
9.1.10
Conditions of Approval.
When the procedures of this article authorize approval with conditions, review bodies, including staff, are authorized to recommend conditions and decision-making bodies are authorized to approve the subject application with conditions. Any conditions recommended or approved must relate to a situation likely to be created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.
9.1.11
Decision-Making Criteria; Burden of Proof or Persuasion.
Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.
9.1.12
Required Time-frames for Action.
Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
