Editor's note–Former § 1.4.1 pertaining
to letters of certification and deriving from Ordinance
475 adopted 6/28/22, was repealed
and deleted in its entirety by Ordinance
534 adopted 5/28/2024.
A.
Application initiation.
1.
For the purposes of this Subsection 1.4, an Application to develop
real property includes the following:
2.
Initiation by owner or owner's agent.
(i)
Unless otherwise specified by this UDC, any petition or application
other than an amendment to this UDC may be initiated only by the property
owner, owner or owners of an interest in the land, or by the owner's
designated agent (collectively, the "applicant").
(ii)
If the applicant is a designated agent, the Application
must include a written statement from the property owner authorizing
the agent to file the Application on the owner's behalf.
(iii)
The City may require submission of documents
to provide evidence of ownership or agency.
B.
General application content.
1.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, technical consultants, and any other information
necessary to review the application for compliance with City codes.
2.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development Schedule.
3.
The Planning Director is responsible for maintaining the application
forms and making them available to the public.
4.
The application forms may be revised or changed at any time
without notice consistent with the UDC.
C.
Application fees.
1.
Every application must be accompanied by the prescribed fees
set forth in the adopted Fee Schedule.
2.
Unless written authorization is granted by the Planning Director
for an application submitted in error, the fee is not refundable.
3.
The Fee Schedule may be amended from time to time per procedures
established by the City Council.
4.
The fees published in the Fee Schedule are intended to cover
and be roughly proportional to a reasonable estimate of the costs
the City incurs in processing an application, including the publication
of public notices, staff time for engineering and plan review, and
other administrative costs. The City incurs these costs regardless
of whether the application is approved or denied.
D.
Payment of all indebtedness attributable to the subject property.
1.
No application will be accepted or reviewed for completeness
from a property owner owing delinquent taxes, assessments, fees, or
other debt to the City, County, or State related to the property subject
to the application until the property owner pays the owed amount,
or makes an arrangement for payment.
2.
It is the applicant's responsibility to provide evidence or
proof that all taxes and fees have been paid, or that other arrangements
have been made for payment of said taxes, fees, etc.
E.
Application considered complete.
1.
Pursuant to TLGC Section 245.002(a), the date the application
was initially filed becomes the Official Vesting Date for the purposes
of permitting related to an application for Plat, Subdivision and
related Plans, including Construction Plans.
2.
The applicant may submit a Waiver of 30-day Action under TLGC
Section 212.009(b-2). If approved by the corresponding decision maker,
the Waiver extends the review process for up to 30 additional days.
3.
For an application made under the 30-day action process, the
Official Submittal Date 30-day process begins on the date the complete
application is submitted to the Planning Director.
F.
Expiration of application. A completed application for zoning change
will expire if approval by the City Council does not occur within
one hundred and eighty (180) calendar days from the date the application
was deemed complete.
G.
Reserved.
I.
Modification to an application.
1.
The City will allow the applicant to modify a complete application
according to the following process:
2.
Modification requested by City to an application under 30-day
action process.
(i)
If the applicant makes the modification at the request of the City to address an aspect of a Plan, Plat, or Permit that does not conform with the UDC, and the City receives the modified plans within thirty (30) days of the Official Submission Date, then the Decision-Making Body (see Section 1.2.5) will make a decision on the application on the basis of the modified application.
(ii)
Failure by the applicant to provide requested
modifications may result in the application being approved with conditions
or denied.
3.
Modification requested by City to an application if 30-day action
waived.
(i)
If the applicant makes the modifications requested by the City,
the application will follow the City's published Development Schedule.
(ii)
Failure by the applicant to provide requested
modifications may result in the City withholding the application from
consideration by the Planning and Zoning Commission and City Council,
recommending approval with conditions, or recommending denial.
(iii)
Once the applicant has made all modifications
and there are no outstanding modifications, staff will schedule the
application for the next Planning and Zoning Commission meeting.
4.
Modification not requested by the City.
(i)
Unless otherwise specified, in all other instances (such as
the applicant choosing to submit a revised application because of
a change in development decisions), a modified application submittal
will extend the time for making a decision on the application for
a period equal to the time specified in this UDC to decide the original
application.
(ii)
The time extension for deciding the application
commences on the date the modified application is submitted.
(iii)
If the application is for a plat or a subdivision
and related plans, including Subdivision Construction Plans, a modified
application may either be accompanied by a properly executed Waiver
of 30-day Action, or the modified application will be considered a
new application for the purposes of 30-day action (see subsection E.3 above).
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
In accordance with the requirements shown in Table 1.2-1 Summary of approval authorities
and public notice, public hearing notice shall be made as follows:
A.
Mailed property owner notice.
1.
When mailed property owner notice is required, written notice
of all public hearings before the Planning and Zoning Commission and
City Council shall be sent to all owners of real property within two
hundred (200) feet of the subject property of the Application based
on Table 1.2-1: Summary of Approval
Authorities, Public Notice, and Appeals, as may be modified by the
Section Reference listed in the Table.
2.
Such notice shall be given not fewer than eleven (11) calendar
days before the date of the Board or Commission public hearing by
posting such notice, properly addressed and postage paid, to each
taxpayer as the ownership appears on the last approved City tax roll
or County tax roll for the area affected.
B.
Newspaper published notice. When newspaper public notice is required,
notice of the time and place of the public hearing must be published
in a newspaper of general circulation in the City at least sixteen
(16) days before the date of the public hearing before City Council
and not fewer than eleven (11) calendar days before the date of the
public hearing before the Zoning Board of Adjustment.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
