A. Applications: Completed applications shall be submitted to the Community Development Department on a form and in such a manner as established by the Zoning Administrator.
B. Application Schedule: In accordance with Arizona Revised Statutes section 9-835, the Community Development Department shall publish an application schedule, which prescribes the necessary deadline for submitting specified application types in advance of being reviewed by the appropriate decision-making body pursuant to this chapter or the Arizona Revised Statutes.
C. Authority To File Applications: Any of the following persons or entities may submit an application:
1. The owner of the property;
2. An agent representing the owner, duly authorized to do so in writing by the owner and notarized by a certified notary public in the State of Arizona.
D. Payment, Waiver And Refund Of Application Fees:
1. Schedule Of Fees: The City shall establish fees for all application and permit types. The fee schedule shall be adopted by resolution of the Council. Payment of the fee is required in order for an application to be deemed complete. No application or permit shall be processed without full payment of the applicable fee received by the City of Eloy.
2. Fee Waiver Or Deferral: No fee shall be required when the applicant is the City.
3. Refund Of Fees: Recognizing that filing fees are utilized to reimburse the City for the costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications. No refunds shall be issued due to a disapproval of an application, unless:
a. In the case of an application withdrawal, the Zoning Administrator may authorize a partial refund based upon the costs incurred to-date and determination of the status of the application at the time of the withdrawal request.
b. Unless fees are waived by the Mayor and Eloy City Council.
E. Application Completeness Review: Each application filed with the Community Development Department shall be initially processed as follows:
1. Completeness Review: The Zoning Administrator or his/her designee shall review an application for completeness and accuracy before it is accepted and officially filed. The Zoning Administrator will consider an application complete when:
a. All necessary application forms, documentation, exhibits, materials, maps, plans, fees, reports and other information specified in the application form, and any additional information required by the Zoning Administrator have been provided and accepted as adequate.
b. All necessary fees have been paid in full and accepted.
2. Notification Of Applicant: If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this chapter. If an application is determined to be incomplete, the Zoning Administrator shall provide written or electronic 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 in a resubmittal and reviewed and approved by the Zoning Administrator.
3. Expiration Of Application: If a pending application is not deemed complete within six (6) months after its first filing with the Community Development Department, the application shall expire and be deemed withdrawn. Thirty (30) days prior to that date, Community Development Department staff shall notify the applicant in writing that the application will become inactive.
4. Extension Of Application: The Zoning Administrator may grant one (1) 6-month extension upon written request of the applicant. After expiration of the application, and extension (if granted) a new application, including applicable fees, plans, exhibits and other materials will be required to commence the processing of a new project application on the same, or a portion of the same, property.
F. Additional Information: After the application has been accepted as complete, the Zoning Administrator and/or any decision-making body may require the applicant to submit additional information in order to comprehensively evaluate whether an application complies with the requirements of this chapter, State, and/or Federal law.
G. Concurrent Applications: When a project requires approvals under more than one section of this chapter, the individual applications may be processed concurrently as determined by the Zoning Administrator and with the approval of the applicant. Rezoning applications may not be approved simultaneously with General Plan amendments (GPA), they can only be approved sequentially after GPA adoption. If the GPA is not adopted, then the rezoning application will be cancelled. The request to apply for concurrent processing of applications shall be made in writing by the applicant at his/her sole risk.
H. Application Courtesy Referral: At the discretion of the Zoning Administrator, or where otherwise required by this chapter, Arizona Revised Statutes, or Federal law, an application filed in compliance with this chapter may be referred for review and comment to any public and/or quasi-public agency that may be directly or indirectly affected by, or have an interest in, the proposed land use activity. (Ord. 18-880, 7-23-2018)
Next Doc