(A) Purpose and findings. The purpose of this section is to prescribe procedures for development approvals that do not require quasi-judicial or legislative notice or a public hearing. A public hearing is not required for development approvals set forth in this section for one or more of the following reasons:
(1) If required, public hearings have already been conducted relating to the development approval application, and the development approval application procedure is designed to ensure that the proposed use complies with a previously approved subdivision plat, site plan, specific plan, Comprehensive Plan amendment or conditional rezoning (e.g., development approval or certificate of occupancy);
(2) The proposed use is permitted as a right in the applicable zoning district (e.g., development approval or certificate of occupancy); and
(3) The proposed use is subject to expedited review in order to avoid an unconstitutional prior restraint on speech (e.g., sexually oriented businesses or signs) or because of federal law (e.g., telecommunications development approval).
(B) Initiation. The applicant shall file a complete application for a zoning certificate with the Code Enforcement Officer. If site plan review is required in accordance with §§ 153.0610 through 153.0612 of this chapter, the approved site plan shall be submitted with the application. An application is available from the Code Enforcement Office. If the proposed development or development activity is not subject to site plan review, the application shall include the information required by §§ 153.1645 through 153.1658 of this chapter.
(C) Completeness review. The Code Enforcement Officer shall review an application for completeness within two working days. The appellate agency for purposes of completeness review is the Board of Adjustment.
(D) Decision. The Code Enforcement Officer shall review the application for conformance with the UDC. Within 15 working days of receipt of a complete application, the Code Enforcement Officer shall approve, approve with conditions or deny the application for a zoning certificate. Applications that are denied shall have the reasons for denial, in writing, attached to the application. If the Code Enforcement Officer fails to render a decision relating to the application within this time period, the application shall be deemed approved. The applicant and the city may agree to extend the response time contained in this section.
(E) Approval criteria. The zoning certificate shall be issued by the Code Enforcement Officer only if the application complies with all applicable provisions of the UDC and any approved CUP, conditional rezoning or site plan.
(F) Amendments. Any revision to an application for a zoning certificate shall be processed in the same manner as the original application.
(G) Scope of approval. The zoning certificate shall be valid for a period of 180 days.
(H) Recording procedures. An application for a zoning certificate shall be maintained in the files of the Code Enforcement Office. The applicant shall maintain an original signed copy of the approved zoning certificate.
(Ord. 3020, passed 9-10-2013, § 4.13)