(A) Purpose. The purpose of this section is to establish the application, notice, and public hearing procedures for the zoning applications and approvals of this Zoning Code.
(B) Application procedure.
(1) Authorization. Any property owner in the city, or individual expressly identified by the owner in writing, is authorized to file an application for a site plan review, special use permit, variation, zoning appeal, or planned development. An owner of any property in the city, an individual expressly identified by any owner in writing, or the city is authorized to file an application for a zoning text amendment, zoning map amendment, or zoning interpretation.
(2) Pre-application consultation. Prior to filing a zoning application, the applicant may arrange an optional pre-application consultation with the Zoning Administrator to discuss the application. At the pre-application consultation, the Zoning Administrator shall provide the applicant with guidance on the application procedure and the evaluation of applications.
(3) Filing. All applications shall be filed with the Zoning Administrator on forms provided by the city. Applications shall be filed in such number as requested by the city, with plans at a scale sufficient to allow a clear understanding of the proposal, and with all of the contents required by the application and this chapter.
(4) Fees. Every application shall be accompanied by the required filing fee as established and modified from time to time in the City Code of Ordinances. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the city shall be exempt from fees.
(5) Completeness. The Zoning Administrator shall determine whether the application is complete within 15 days after receipt of the application. Upon determining that the application is complete, the Zoning Administrator shall notify the applicant and the application shall be scheduled for consideration by the appropriate board, commission, or official. Upon determining that the application is deficient, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.
(6) Failure to act. The Zoning, Planning, and Development Commission's failure to make a recommendation on any application within the applicable period established by this Zoning Code shall be deemed a recommendation of approval of such application. City Council's failure to issue a decision on any application within the applicable period specified by this Zoning Code shall be deemed denial of such application.
(7) Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Fees for withdrawn applications will not be refunded.
(8) Successive application. A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.
(9) Public examination of application. Any person may examine any zoning application and any of the application's supporting materials subject to the Freedom of Information Act. Upon reasonable request, any person shall be entitled to copies of the application and related documents subject to any fee specified by the city.
(C) Notice. The administrative body conducting a hearing shall not hear a zoning application unless the applicant complies in all respects to the notice requirements established herein.
(1) Published notice.
(a) Applicability. Published notice of a public hearing shall be provided by the Zoning Administrator for applications for special use permits, variations, zoning text amendments, zoning map amendments, zoning appeals, and planned developments.
(b) Time frame. Published notice shall be provided in a newspaper of general circulation within the city no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.
(c) Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property. The city may provide additional forms of published notice, including, but not limited to, notice of the hearing on the city's website.
(2) Mailed or delivered notice.
(a) Applicability. Mailed or delivered notice of a public hearing shall be provided by the city for applications for special use permits, variations, and zoning map amendments.
(b) Time frame. The notice shall be provided no less than ten days, but no more than 30 days, in advance of the scheduled hearing date.
(c) Notice to neighboring properties. Mailed notice shall be addressed and provided via mailing or personal delivery to the "owners/occupants" of all properties located within 250 feet of the property line of the subject property in the case of special uses and variations, and 100 feet in the case of map amendments. The requirements of this section shall not prevent the city or applicant from giving additional notice to additional properties as the city or applicant may deem appropriate.
(d) Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.
(D) Public hearing.
(1) Call for public hearings. All public hearings shall be held at the call of the chairperson and shall be open to the public.
(2) Testimony. Any person who attends a public hearing may appear and present testimony regarding an application. All testimony shall be given under oath or by affirmation.
(3) Voting. The hearing body shall keep minutes of its proceedings that show the vote of each member of the hearing body upon each application, or if absent, or failing to vote, indicating that fact.
(4) Meetings and records. The hearing body shall keep records of its hearings and evaluation standards shall be included in the minutes of each application specifying the reasons for the hearing body's decision. Every determination of the hearing body shall be part of the public record.
(5) Rules of procedure. The hearing body's rules of procedure shall not conflict with this Zoning Code or with state statutes.
(Ord. 17-31, passed 9-12-2017; Ord. 18-25, passed 10-10-2018; Ord. 23-25, passed 11-28-2023)