(A) Applications. The City Manager determines if the required information is complete. If the information is determined to be incomplete, such that a thorough review of the application is not possible, the item may not be placed on the Planning Commission or City Council agenda for consideration until the required information is submitted. The applicant will be notified within ten days following the receipt of the application describing the information that is missing.
(B) Notification. All applications for development proposals requiring a public hearing must be advertised to allow informed participation by all interested parties and conform with the applicable state statute. The City Manager may maintain copies of the city policy concerning notification.
(C) Applications requiring public hearings. The following applications for development proposals require public hearings:
(1) Approval of Site Plan.
(2) Variance.
(3) Conditional Use Permits and amendments.
(4) Conditional Use Permit revocation.
(5) Zoning Text and Map Amendments (Rezonings).
(6) Preliminary Development Plan for the Planned Unit Development District.
(7) Concept Plan for the Special Zoning Overlays.
(8) Development Plan for Planned Community Development District, the Planned Unit Development District, or Special Zoning Overlays.
(D) Planning Commission and City Council action.
(1) The Planning Commission may recommend such actions or conditions relating to the application as it deems necessary to carry out the intent and purpose of this chapter and the Comprehensive Plan.
(2) The City Council may adopt, modify or reject any recommendation of the Planning Commission.
(3) At any time before final action is taken on an application, the applicant may request a continuance of action by the Planning Commission and City Council, or withdraw the application by submitting a letter to the City Manager stating the applicant’s desire to do so. Any portion of fees spent in the processing of the application may be retained by the city. The City Manager may establish a time limit on any continuation.
(E) Appeals. This division is established to allow those aggrieved by the decision of the City Manager to attempt to remedy the grievance by appealing the decision to the City Council. Any unresolved dispute as to an administrative interpretation of City Code, ordinance, or policy requirements may be appealed to the Planning Commission in its role as the Board of Adjustments and Appeals subject to §§ 31.15 through 31.19 of the City Code. The appeal must be submitted in writing to the City Manager on or before the next application filing deadline for a Planning Commission meeting.
(F) Re-submitting denied applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the City Manager.
(G) Expiration of action. Unless otherwise specified by the City Council, the approved applications for projects become null and void by December 31 of the year following the date of its approval, unless the property owner or applicant has begun construction of any building, structure, addition or alteration, or use as evidenced by the issuance of a building permit or grading permit in compliance with the approved plan. The property owner or applicant has the right to submit an application for a time extension in accordance with this chapter.
(H) Request for time extensions.
(1) A request for a time extension may be considered by the City Manager. Time extensions must be submitted to the City Manager prior to the expiration of a final action by the City Council. If an action has officially expired, no time extension may be granted. If the time extension request is delayed in the review process and, through no fault of the applicant, cannot be reviewed by the City Manager as anticipated, the request may proceed through the process to final resolution without jeopardy. The applicant may request a maximum of one time extension. Time extensions are valid for a maximum of one year from the original expiration date.
(2) The request may be reviewed with consideration of the following:
(a) The Comprehensive Plan or any other city plan.
(b) City policy changes.
(c) Transportation conditions.
(d) Applicable changes to any city, county, state or federal statutes, rules, requirements, or ordinances.
(e) Park dedication fees and other financial guarantees may be redetermined as required by the current City Code to the date of approval of the extension.
(f) Any negative escrow accounts from previous reviews must be paid and the escrow account must be updated to current minimum requirements prior to the City Manager’s consideration of the extension.
(Ord. 2000-936; Am. Ord. 2001-952, passed 5-14-01)