(a) Purpose. This section outlines various application processes. See City Code Appendix A for fees.
(b) Table key. The following labeling conventions apply to the table in this section:
(1) DRC means
; the Issuing Authority may waive DRC review.
(2) ST means staff;
(3) PC means Planning Commission;
(4) CC means City Council;
(5) N means that a public notice is required to be published in the official newspaper;
(6) R means review is required by the noted group;
(7) PH means that a public hearing is required by the noted group;
(8) DM means that the noted group has final decision making authority;
(9) V means that the review of the noted group varies - consult the applicable ordinance section; and
(10) Any number listed in the Mail column represents the number of feet out from the applicant’s site to which direct mail notice is required to be sent for that particular application.
(c) Application processes.
Application Process | Review and Decision Making Authority | Notice | ||||
DRC | ST | PC | CC | N | Mail | |
Application Process | Review and Decision Making Authority | Notice | ||||
DRC | ST | PC | CC | N | Mail | |
– Type I | R | R | DM | |||
– Type I, single or two-family residential lot splits resulting in no more than two lots | R | R | DM | 500 | ||
– Type II | R | R | PH DM | N | 500 | |
– Type III | R | R | PH | DM | N | 500 |
– Type I | R | DM | ||||
– Type II and III | R | R | DM | |||
Platting variance | R | R | V | PH DM | N | 500 |
Extension of
approval | R | R | DM | |||
or split | DM | |||||
(d) Notices.
(1) Additional notice fees. For applications listed in this section that require public notice, the listed fee has been calculated to include 100 mailed notifications per hearing to adjacent property owners and one standard public hearing notice published in the official newspaper of the city, based upon the minimum number of hearings required by the code and state law. When the actual number of hearing notices published exceeds the minimum number required under the code, and/or when the number of mailed notices exceeds 100 for any given public hearing, the applicant must pay additional fees as set forth in City Code Appendix A to cover the cost of the additional mailed notices and publications.
The Planning Commission or City Council may continue or deny approval of applications where outstanding fees have not been paid.
(2) Failure of notification. A failure of any property owner to receive notice or failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings provided a bona fide attempt has been made to comply with notice requirements.
(3) Notification of tenant. In the event that the subject of the hearing is a property leased or rented to one or more tenants, the property owner/applicant must notify each tenant of the hearing.
(e) Amended applications.
(1) Once a
application has been submitted to the city, no amendments other than minor amendments under subsection (e)(2) below are permitted until final disposition of the application has been determined. If an applicant submits an amended application, it constitutes a withdrawal of any prior pending application on the same matter, and will be deemed a new application, pursuant to state law agency action deadlines. A new application fee must be submitted with the amended request, equal to 50% of the original application fee. Each amended application request constitutes a separate application.
(2) The may accept minor application revisions that do not materially alter the application. If the accepts the minor application revisions, no additional fee will be required, and the application review will continue pursuant to state law agency action deadlines.
(3) With an amended application, the will make a determination whether any public meetings or hearing previously scheduled on the matter will be rescheduled.