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The following general provisions shall apply to all applications under this Land Development Code:
(a) Authority to File Applications. An application for development review or approval under this Code shall be filed by the person having legal authority to take action in accordance with the approval sought. The person is presumed to be the record owner, purchaser under a sale, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. The City Council or Planning Commission may initiate code text amendment or map amendment action under this Code with or without an application from property owner(s) who may be affected.
(b) Applications. Applications required under this chapter shall be submitted on forms provided by the City Manager in such numbers as required by the City Manager. Applications shall be accompanied by a non-refundable fee established by the City Council to defray the costs of processing applications and by any required escrow funds.
(c) Incomplete Applications or Insufficient Fees. Applications shall be reviewed for completeness within seven days of filing. If the City Manager determines that the application is complete, the application shall then be processed. If the City Manager determines that it is incomplete, he shall return the application to the applicant as incomplete and specify the specific ways in which the application is deficient. No further processing of the incomplete application shall occur until the deficiencies are corrected. Any application that is not accompanied by the required fee shall be found incomplete. Fees shall not be required with applications initiated by the Planning Commission, City Council, or City department heads.
(d) Required Times for Action and Inaction. Whenever the provisions of this chapter require that reviewers or decision-makers take action on an application within a specified period of time and such action is not taken within that time-frame, such inaction shall be deemed a denial of the application unless the applicant agrees to an extension of the time period.
(e) Concurrent Review or Joint Applications. At the election of the applicant and with the concurrence of the City Manager, applications for different types of development approvals may be processed concurrently whenever possible to expedite total review and processing time for a project. Alternately, an applicant may consolidate an application for site plan approval with an application for subdivision plan approval, conditional use approval, variances, or modifications, provided that such joint or consolidated application shall be submitted in a form that satisfies the site plan requirements of this Code and the provisions, as applicable, governing subdivisions, conditional uses, variances, or modifications. The time frame and approval process for a consolidated application shall follow the longest time frame and approval process required from among the combined application types.
(f) Application Processing Schedule. The City Manager, after consulting with the Planning Commission and City Council, may from time to time promulgate a processing schedule for each type of application. Each promulgated processing schedule shall include:
(1) Dates of regular meetings of the reviewing bodies and decision-makers;
(2) The deadline for receipt of a complete application for consideration of such application at a particular meeting;
(3) The scheduling of staff reviewing and staff reports on complete applications;
(4) All necessary steps in the application process (including hearings, decision meetings, and review by other bodies);
(5) The publication of required notices of hearings; and
(6) Mailed notice to adjacent property owners.
(g) Permitted Scope of Action by Decision-Makers. The body holding the hearing may take any action on the application that is consistent with the notice given, including approving the application, approving the application with reasonable conditions, or denying the application. The reviewing body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is:
(1) To reduce the impact of the development; or
(2) To reduce the amount of land area included in the application. The review body may not approve a greater density of development, a more intensive use, or a more intensive zoning classification than what was indicated in the notice.
(h) Continuation of Hearings. A hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the continued hearing is set for a certain date and time.
(i) Extension of Time Limits.
(1) Any decision-making body shall have the discretion to extend the time periods set forth in this chapter for review and final decision on a development application upon a finding that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly justify such extension of time. Only one such extension, up to a maximum of sixty days, shall be granted.
(2) Any other extension of the time periods for review and action specified in this chapter may be extended only if the applicant agrees in writing to an extension of time.
(j) Submittal Requirements. A schedule of submittal requirements for each type of development application is set forth in Appendix A to this Code. The schedule of submittal requirements shall be reviewed annually and shall be adjusted by resolution, if necessary, by City Council.
(Ord. 18-93. Passed 10-15-19.)