The requirements of this section shall apply to all applications and procedures subject to review procedures established in this code, unless otherwise stated. While most review procedures are established within this chapter, the procedures for the Planned Development review are established in separate chapters.
(a) Common Application Requirements.
(1) Authority to File Applications.
A. Unless otherwise specified in this code, applications for review procedures defined in this code may be initiated by:
i. An owner of the property that is the subject of the application; or
ii. An agent authorized in writing by the owner, which may include a lessee of the property, attorney, or other representative.
B. Property owners, or their authorized agents, of all the lots subject to the review or submittal shall be required to sign the application or provide written documentation that a property owners wish to proceed with the application.
C. The Planning Commission or Village Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(2) Application Contents.
A. Applications required under this code shall be submitted to the Zoning Administrator.
B. All applications shall be in a form, have such attachments, and be submitted in such numbers as established in writing by the Zoning Administrator, in consultation with the Planning Commission, and made available to the public as part of application forms.
C. Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by Village Council pursuant to Section 1103.06(a)(3).
D. Complete Application Determination.
i. The Zoning Administrator shall only initiate the review and processing of applications submitted under this code after determining such application is complete.
ii. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application. The Zoning Administrator may waive the submission of requirements if such requirements are not needed due to the type or scale of development, or are unnecessary for determining compliance with this code. Such waiver shall be provided to the applicant in writing as part of the record.
iii. The Zoning Administrator shall make a determination of application completeness within ten (10) business days of the application filing.
iv. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
v. If an application is determined to be incomplete, the Zoning Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Zoning Administrator determines that the application is complete.
vi. The Village shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
vii. If the applicant fails to correct all deficiencies and submit a complete application within sixty (60) days of the notice provided by the Zoning Administrator, the incomplete application shall not receive any further review, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Zoning Administrator may grant one sixty (60)-day extension if just cause is shown, upon written request by the applicant, and may, but shall have no obligation to, return any portion of the filing fee the Zoning Administrator determines was not used or necessary for the review provided.
viii. No reconsideration of an incomplete application shall occur after expiration of the sixty (60)-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements this chapter, submit a new application, and submit a new filing fee.
ix. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(3) Fees.
A. Any application subject to review under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of Village Council. There shall be no fee, however, in the case of applications filed by the Village Council, the Planning Commission, or Village Staff.
B. The fees shall be in addition to any other fees that may be imposed by the Village, State, Knox County, or other agency having jurisdiction.
C. Such fees are adopted to cover the cost to the Village for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities.
D. Unless otherwise identified in the fee schedule adopted by Village Council, no application shall be processed or determined to be complete until the established fee has been paid.
E. If the Village determines that the costs on a particular application will exceed the filing fee as established by Village Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Village is authorized to collect such additional costs from the applicant.
F. Application fees are not refundable, and nontransferable, except where the Zoning Administrator determines that an application was accepted in error, the application was withdrawn and the Zoning Administrator determines a portion of the filing fee was not used or necessary for the review, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(4) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made at a meeting through a verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
B. If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision- making body.
(5) Reapplication after Denial of an Application. If an application is denied, the applicant may:
A. Appeal the decision in accordance with the applicable appeals procedure established in this code; or
B. Make changes to the application that will address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain a supplemental statement that shows how the new application has substantially changed to address each of the findings of the original decision. The Zoning Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in Section 1103.06(a)(2)A. If it does not, the Zoning Administrator shall return the application, with reasons for their determination in writing, along with any paid fees; or
C. Submit the same application after a twenty-four (24)-month waiting period; or
D. Submit a new application if the proposed use and design of the site will be substantially different than the denied application.
(b) Review Procedures.
(1) Summary of Review Procedures. Table 1103-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
TABLE 1103-1: SUMMARY OF REVIEW PROCEDURES AND MEETING/HEARING TYPE | ||||
Review Procedure | See Section | Zoning Administrator | Planning Commission | Village Council |
Code Text or Map Amendment | CAD | PH/R | PH/D | |
Conditional Use Permit | CAD | AH/D | A | |
Minor Subdivision | D | A | ||
Major Subdivision: Preliminary Plat | CAD | PM/D | A | |
Major Subdivision: Final Plat and Improvement Plans | CAD | PM/D | A | |
Major Subdivision: Acceptance of Improvements | CAD | D | ||
Site Plan | CAD | PM/D | A | |
Variance | CAD | AH/D | A | |
Zoning Certificate | D | A | ||
Appeals to Planning Commission | AH/D | A | ||
TABLE 1103-1: SUMMARY OF REVIEW PROCEDURES AND MEETING/HEARING TYPE (CONT.) | ||||
Review Procedure | See Section | Zoning Administrator | Planning Commission | Village Council |
Appeals to Village Council | AH/D | |||
Interpretation of the Code | D | A | ||
Abbreviations: | ||||
PH = Public Hearing R = Recommendation AH = Adjudication Hearing D = Decision PM = Public Meeting A = Initial Appeal of Application Goes to Noted Board CAD = Complete Application Determination must be made by the Zoning Administrator in accordance with Section 1103.06(a)(2)D prior to application being sent to applicable Planning Commission and the start of any time limits. | ||||
(2) Application Submission Schedule.
A. The schedule for the submission of applications in relation to scheduled meetings and hearings of the Planning Commission shall be established by the Zoning Administrator, in consultation with the Planning Commission, and made available to the public.
B. As established in Section 1103.06(a)(2)D, the Zoning Administrator has the authority to determine if an application is complete, and thus should be placed on an upcoming agenda as well as determine the order applications are reviewed or heard at such meetings.
(3) Simultaneous Processing of Applications.
A. Whenever two or more forms of review and approval are required by the Planning Commission or Village Council under this code, the Zoning Administrator shall determine the order and timing of review.
B. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(4) Modifications or Amendments of Approved Applications.
A. For any review procedure, the Zoning Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development. This shall not give the Zoning Administrator the authority to vary the requirements of this code or any conditions of approval.
B. Where the Zoning Administrator determines that the proposed modification, amendment, or change is not minor, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(c) Notifications.
(1) Public Notification for Public Meetings. For all public meetings required by this code, the Village shall comply with this code and all applicable State notice requirements.
(2) Public Notification for Public Hearings.
A. Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable State requirements and the public meeting notice requirements established in Section 1103.06(c)(1): Public Notification for Public Meetings, above. Where there is a conflict between the State and Village notification requirements, the more stringent requirements shall apply.
B. The Village shall be responsible for providing the required notice as specified in Table 1103-2.
C. Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
i. Provide the name of the applicant or the applicant's agent;
ii. Indicate the date, time, and place of the public hearing;
iii. Describe the land involved by street address, Knox County parcel identification number, lot size, adjacent right-of-way, or by legal description;
iv. Describe the nature, scope, and purpose of the application or proposal;
v. Identify the location (e.g., the offices of the Zoning Administrator) where the public may view the application and related documents;
vi. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
vii. Include a statement describing where written comments will be received prior to the public hearing.
D. Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1103-2.
TABLE 1103-2: NOTICE REQUIREMENTS FOR PUBLIC HEARINGS | ||
Review Procedure | Published Notice | Written (Mailed) Notice |
Code Text Amendment | Published notice required a minimum of thirty (30) days before the initial hearing with Planning Commission and Village Council | No written notice is required for a text amendment. |
Zoning Map Amendment | Written notice shall be sent to all owners of property within 100 feet of all lots lines of the area to be rezoned. The notice shall be sent a minimum of twenty (20) days before the initial public hearing of Planning Commission and Village Council. Written notice shall not be required where the application involves more than ten (10) separate lots. | |
Conditional Use Permit, Site Plan Modifications, Variance, or Appeals | Published notice required a minimum of seven days before a public hearing | Written notice shall be sent to all owners of property within 100 feet of all lot lines of the lot on which the activity is proposed that is subject to the application. The notice shall be sent a minimum of seven (7) days before the initial public hearing of Planning Commission or Village Council. |
E. Published Notice.
i. Published notice shall be provided in a newspaper of general circulation and the Village may also provide additional published notice by electronic media including, but not limited to, posting online at the Village's website.
ii. The content and form of the published notice shall be consistent with the requirements of this section and State law.
F. Written (Mailed) Notice.
i. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the Planning Commission or Village Council.
ii. Written notice shall be postmarked no later than the number of days specified in Table 1103-2 prior to the hearing date at which the item will be considered.
iii. Written noticed shall be sent by first class mail. Such notice shall be sent to the mailing address for the applicable property owners as established in the Knox County Auditor's records.
G. Sign Postings.
i. In addition to the published and written notice of Table 1103-2, the Zoning Administrator may post a sign at or near the location of the area that is the subject of an application that is to be determined by the Village Administrator, Planning Commission or Village Council.
ii. Failure of the Zoning Administrator to post a sign or to post a sign in a specific location does not invalidate adoption of the proposed amendment as an amending ordinance.
H. Constructive Notice.
i. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision- making body shall direct the Zoning Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this code, and such finding shall be made available to the decision-making body prior to final action on the request.
ii. When the records of the Village document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
iii. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate adoption of the proposed amendment as an amending ordinance.
iv. Failure of any property owners to receive mail notice does not invalidate adoption of the proposed amendment as an amending ordinance.
v. Nothing herein shall prohibit an applicant from amending or supplementing their application after notice has been initiated or delivered but in sufficient time to provide such amendments or supplements to the Planning Commission or Village Council prior to, or at the hearing.
(d) Meetings and Hearings.
(1) Pre-application Conferences or Meetings.
A. A prospective applicant may request a pre-application conference with the Zoning Administrator for any review procedure in this chapter. The applicant may request such conference by submitting a written request, along with sufficient plans, descriptions, and other materials for the Zoning Administrator to determine the nature and extent of the proposal.
B. The purpose of the pre-application conference or meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and any Village plans prior to the submission of an application.
C. After a pre-application conference, the Zoning Administrator may (with consent of the applicant) determine to place the proposal on the agenda of the next regularly scheduled meeting, or any special meeting, that may be called by the applicable board for a pre-application "conceptual review." At a conceptual review, the Planning Commission will not render a decision, but members may voluntarily provide information and non-binding commentary regarding the proposal documents before them.
D. No action can be taken by the staff and/or Planning Commission until the applicant submits an actual application and/or plan to the Village pursuant to the laws and policies of the Village. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or the Planning Commission, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with staff, the Planning Commission, any pre-application conferences or meetings, are not binding on the Village and do not constitute official assurances or representations by the Village or its officials regarding any aspects or results of the plan, the procedures, or application discussed.
(2) Conduct of Public Hearing.
A. Rights of All Persons at Public Hearings. Any person may appear at a public hearing and submit information or evidence, either individually or as a duly-authorized representative of a person or an organization. Each person who appears at a public hearing shall be identified, provide their address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
B. Continuance of a Public Hearing or Deferral of Application Review.
i. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator. Such request will be handled, as follows, based on the timing of receipt of such request:
a) A request for deferral of consideration of an application received prior to the publication of notice as required by this code may be granted by the Zoning Administrator. In such cases, the application will be considered at the next regularly scheduled meeting, or at such meeting as the applicant requests and the Zoning Administrator approves.
b) A request for deferral of consideration of an application received after publication of notice of the public hearing as required by this code shall be presented to the Planning Commission or Village Council, as applicable. The Planning Commission or Village Council, as applicable shall consider the request for a continuance of the public hearing and make the decision on continuing the hearing to another meeting at a fixed date, time, and place provided the date, time, and place is publicly announced at the time of continuance.
c) During the public meeting where there hearing is to be held, the Planning Commission or Village Council, as applicable, or the applicant may request the continuance of the public hearing provided such request is made prior to a call for a vote on the application. Such continuance shall be made to a fixed date, time, and place provided the date, time, and place is publicly announced at the time of continuance.
ii. The Zoning Administrator, Mayor, or Chairperson of the Planning Commission, as applicable, may relocate the public meeting where a public hearing, with notice, is to be held when an emergency necessitates such relocation or if it is determined that a large number of people are anticipated to attend and the original location cannot safely accommodate such numbers. Such relocation shall be noticed by the posting of a notice at the original location of the public hearing or other notice as required by state law. The Village Administrator or Zoning Administrator shall also endeavor to make use of available electronic communication to further notify the public of any relocation, to the maximum extent practical.
(3) Special Provisions for Adjudication Hearings. Where Section 1103.06(b)(1), notes that a public hearing is an adjudication hearing, the Village Council or Planning Commission, as applicable, shall have the following additional powers as part of the review of the subject application:
A. The Village Council or Planning Commission, as applicable, may issue findings and conclusions which support its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps to administer and enforce the provisions of this code including the application of any review considerations for the subject application.
B. The Village Council or Planning Commission, as applicable, may subpoena witnesses and require the production of records.
C. When required by applicable law, the privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the Village Council or Planning Commission, as applicable.
(4) Effect of any Approvals.
A. No approval, decision, or order of the Zoning Administrator or Planning Commission, appealable under this code, shall take effect until the applicable deadline for an appeal has passed.
B. The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
C. All approvals shall run with the land or use and shall not be affected by change in ownership.
(5) Subsequent Development.
A. Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the Village's Codified Ordinances, State law, or County law.
B. The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
C. The Village shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Knox County, the State, or other agencies having jurisdiction.
(Ord. 2023-16. Passed 6-5-23.)