The following general requirements shall apply to any application required by this title:
A. Application Forms: Applications shall be submitted on forms provided by the zoning administrator and in such numbers as reasonably required by the zoning administrator for a particular type of application.
B. City Initiated Applications: The planning commission or city council may initiate any action under this title without an application from a property owner. Notice, hearing and other procedural requirements of this chapter shall apply to an application initiated by the city.
C. Development Review Sequence: No subdivision site plan or other development application shall be considered unless:
1. The approval which is requested in the application is allowed by the zone existing on the subject property; or
2. Where permitted by this title, the application is submitted simultaneously with a proposed zoning map amendment that would allow the proposal.
D. Accurate Information: All documents, plans, reports, studies and information provided to the city by an applicant in accordance with the requirements of this title shall be accurate and complete.
E. Determination Of Complete Application: After receipt of an application, the zoning administrator shall determine whether the application is complete. If the application is not complete, the zoning administrator shall notify the applicant in writing and shall:
1. Specify the deficiencies of the application;
2. State the additional information which must be supplied; and
3. Advise the applicant that no further action will be taken on the application until the deficiencies are corrected.
F. Fees: When an application is filed, the applicant shall pay to the city a fee as provided in the city's consolidated fee schedule as adopted by the city council. Application fees shall be in amounts reasonably determined to defray actual costs incurred by the city to review plans and specifications, act upon an application and conduct inspections. Any application not accompanied by a required fee shall be returned to the applicant as incomplete.
1. An applicant shall also be responsible for fees established to cover the cost of providing public notice required by subsection 9-5-045 of this chapter.
2. Fees shall be refundable as follows:
a. If the application is withdrawn prior to completion of a first review, the city shall retain twenty-five (25) percent of the fee.
b. If the application is withdrawn prior to completion of a second review, the city shall retain fifty (50) percent of the fee.
c. If the application is withdrawn prior completion of a third review, the city shall retain seventy-five (75) percent of the fee.
d. If the application is found to be incomplete, a refund shall be provided as outlined in subsection G of this section.
e. No fee shall be refunded after a public hearing or meeting has been held, or action has been taken on the item by the decision-making body or official.
3. Fees shall not be required for applications initiated by the city.
G. Remedy Of Deficiencies: If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the city may deem the application to be withdrawn and shall return it to the applicant upon request. Application fees shall be refunded to the applicant, less any fee established to cover the cost of determining completeness of the application.
H. Consultation With Neighborhood Organizations: Recognized neighborhood associations may comment on applications as provided in section 3-1-210 of this code.
I. Decision Date: The date of a decision or recommendation shall be the date when the decision or recommendation is made by the decision making body or official.
J. Extensions Of Time: Unless otherwise prohibited, upon written request and for good cause shown, any decision making body or official having authority to grant approval of an application may, without any notice or hearing, grant extensions of any time limit imposed by this title on such application, its approval, or the applicant, provided a written request for such extension has been received by the community development department prior to the date of expiration, or provided the city staff or planning commission has initiated an extension prior to the date of expiration. The total period of time granted by any such extension or extensions shall not exceed half the length of the original time period.
K. Inactive Applications: All land use applications shall be actively pursued to a final decision by the city. If no activity, such as plan submittals, reviews, or meetings, has occurred on an application for a period of one (1) year from the date of last city review, the application will be voided and the file closed. Prior to the expiration of the one (1) year period, the applicant may submit a written request to maintain the application as active, wherein upon finding that there is good cause, the zoning administrator may grant a one-time six (6) month extension. If the applicant wishes to pursue an application after it has been voided due to inactivity, a new application is required, including fees and conformance to current applicable codes. No fees shall be refunded for applications that are voided due to inactivity.
(Ord. 394, 8-7-2001; amd. Ord. 1408, 10-15-2019)