The following elements are common to all procedures unless modified by more specific provisions.
(A) Time frames. Time frames for action on the part of the city and applicant are established as part of the administrative policies of the city, a copy of which can be obtained from the Zoning Administrator. The Zoning Administrator may shorten any time frame specified therein.
(B) Pre-application conference.
(1) Purposes. The general purposes of a pre-application are to:
(a) Obtain a complete understanding of the proposed project and the applicant's specific objectives.
(b) Identify all of the applicant's critical deadlines such as property closing dates and preferred construction and operations dates.
(c) Identify all of the approvals necessary to construct the proposed development.
(d) Identify all of the documents, plans, drawings, fees and other materials necessary for a complete application.
(e) Identify the most significant issues that the development will need to address in order to gain approval.
(f) Provide the applicant with direction on how to meet the requirements of this code and other applicable regulations and policies.
(2) Applicability. Table 154.905.1 indicates the development permits for which a pre-application conference is required or recommended. The Zoning Administrator may waive the pre-application conference when in such administrator's discretion there is substantial evidence to show that the purposes of this code can be met without having to conduct such a conference.
(3) Application submittal requirements. Submittal requirements for various types of development permits are established as part of the administrative policies of the city, a copy of which can be obtained from the Zoning Administrator. These requirements are typical for the type of project; however, the scope or location of any specific development application may require different types or levels of information. At the pre-application conference, the Zoning Administrator shall determine what information shall be submitted in order to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to respond to issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the Zoning Department and made part of the development file upon submittal of the application.
(C) Application requirements.
(1) Materials. Lists of required application materials are available in the Zoning Department. The lists may be picked up during normal business hours.
(2) Application deadlines. Schedules of application deadlines are established by administrative policy and are available in the Zoning Department during normal business hours.
(3) Application fees. The City Council sets fees in the amounts sufficient to recover all or a portion of the costs of processing, publicizing, and reviewing development applications. The City Council may, by the adoption of a resolution: increase, decrease, or otherwise modify any of the fees set forth. The most recent fee schedule, as adopted by the City Council, is available from the Zoning Department during normal business hours.
(4) Completeness. The Zoning Administrator shall review the application and determine if the application is complete for purposes of city staff and agency review.
(D) Notice. Public notice is not required for most administrative permits. Where notice is required, it shall be provided in accordance with the following:
(1) Upon the Zoning Administrator's determination that an application is complete, notice will be sent by the Zoning Administrator, at the applicant's cost, by first class U.S. mail to each property owner within 250 feet of the property that is the subject of the application at the mailing address listed in the official records of the Jo Daviess County Assessor.
(2) Mailed notice will provide a general description of the proposal, the location of the property and the earliest date of which the Zoning Administrator would make a decision regarding the application.
(3) Failure to receive mailed notice, if timely sent and prepared in accordance with this section, shall not be grounds for invalidating any action taken by the Zoning Administrator.
(4) This specific provision of this section notwithstanding, the Zoning Administrator may provide public notice, in any form for any type of development application, whenever in the opinion of such administrator such notice will further the purpose and intent of this code.
(5) Notice shall be deemed to be complete when there is substantial compliance with the requirements of this section. Minor technical deviations in the language of published or mailed notice shall not be deemed to impair the notice when notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding the adequacy of notice, the body conducting the hearing shall make a formal finding as to whether there was substantial compliance with the notice requirement.
(E) Procedures.
(1) Staff review. Administrative applications shall be reviewed by city staff and other appropriate agencies for compliance with city and agency codes and policies. Upon completion of staff review, city staff will provide its comments in writing to the applicant.
(2) Review by other agencies. City staff may forward copies of the applications to various agencies for their review of the material submitted. These agencies include, but are not limited to, the following:
(a) Other city departments;
(b) Telecommunications, gas, electric and other utilities;
(c) School districts;
(d) Law enforcement agencies;
(e) Fire department or districts;
(f) Jo Daviess County staff, Zoning Board of Appeals, or Board members;
(g) State agencies; and
(h) Federal agencies (e.g. Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers, etc.)
(3) Agency and department comments. Agencies will be asked to respond in writing concerning the requested review. The agencies review will be advisory in character, and does not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.
(4) Applicant's response. The applicant shall respond in writing to staff and agency comments.
(F) Decision-making.
(1) Decision-maker. Unless specified otherwise, the Zoning Administrator shall approve, conditionally approve, or disapprove all applications for an administrative permit.
(2) Action. After the applicant has had the opportunity to respond to the comments of staff and other agencies, the Zoning Administrator shall decide on the application based on the applicable review criteria. At the applicant's request, the Zoning Administrator may provide another set of comments and allow the applicant an additional opportunity to respond before rendering a decision.
(3) Authority to condition development approvals. After a review of the application and other pertinent information, the Zoning Administrator may impose conditions to assure compliance with applicable standards stated in this code. The Zoning Administrator shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application.
(G) Appeals and amendments. The Zoning Administrator's decision is final unless a written appeal is received from an interested party. The form and requirements of an appeal shall be in accordance with the provision in § 154.926. A permit shall be amended through the same process specified for the type of original approval, as may be amended.
(H) Validity. Unless otherwise provided herein or on the permit, all administrative permits shall expire within one year of issuance; however, the Zoning Administrator may approve an extension of up to six months upon receipt of an application providing evidence that the applicant can proceed with the initial permit in conformance with currently adopted codes and policies.
(I) Continued compliance. Once constructed, a development shall remain in substantial compliance with all approved plans and conditions of approval. The developer, owner or occupant shall provide all maintenance necessary to keep the development in substantial compliance. Failure to achieve substantial compliance by, including but not limited to, the replacement of required plant materials that have died or are diseased, shall constitute a violation of this code.
(J) Enforcement and revocation. In accordance with the provision of this code the Zoning Administrator may revoke any permit for failure to comply with the conditions of the permit.
(Ord. O-05-04, passed 4-11-04)