A. General review criteria. When this Development Code does not state additional criteria for a decision, the decision shall be based on whether the application is consistent with the requirements of this Development Code.
B. Preapplication review.
1. A prospective applicant or agent may request a preapplication review with the Department before completion of project design and the formal submittal of a permit application.
2. A request by an applicant for preapplication review, accompanied by preliminary project plans and designs and the required filing fee, shall be reviewed by all affected city departments and other selected agencies.
3. The reviewing city staff members may inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the review process when a formal application is filed.
4. Neither the preapplication review nor information or pertinent policies provided by the Department shall be construed as a Department recommendation for approval or disapproval of the application/project.
C. Application preparation and filing. The preparation and filing of applications for permits, approvals, and other matters pertaining to this Development Code shall comply with the following requirements.
1. Application contents. Applications shall include the forms provided by the Department, and all information and materials required by the application content requirements handout provided by the Department for the specific type of application. Unless an exception is stated in this Development Code, it is the responsibility of the applicant to provide evidence in support of any findings required by this Development Code.
2. Eligibility. Applications may be made by the owner of the subject property, or by any agent or representative with the written consent of the property owner.
3. Filing. All land use permits and other applications required by this Development Code shall be filed with the Department.
4. Filing date. The filing date of an application shall be the date on which the Department receives the application, including any supporting documents required to be submitted with the application.
D. Application fees.
1. Filing fees required.
a. Each application for a permit, approval, entitlement, or other matter related to this Development Code shall be accompanied by the applicable fee.
b. The city’s processing fees are cumulative. For example, if an application for a lot split also requires a variance, both fees shall be charged.
c. Processing shall not commence on an application until all required fees/deposits have been paid.
d. Without the application fee, or a deposit if appropriate, the application shall not be deemed complete.
e. The city is not required to continue processing any application unless additionally required fees/deposits (e.g., additionally required “real cost” deposits) are paid in full.
f. Failure to pay the applicable fees/deposits is grounds for rejection of the application. No permit application shall be processed without first being accompanied by the required fee, unless the fee is reduced or waived in compliance with division D.2. below.
2. Fee reductions or waivers. The City Manager may reduce or waive certain fees required by the Council’s fee resolution for sufficient cause being demonstrated by the applicant in compliance with § 2.20.070 of the City Code.
3. Refunds and withdrawals.
a. Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.
b. In the case of a withdrawal, the Director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.
E. Concurrent permit processing. When a single application requires more than 1 permit or approval under this Development Code, the Director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level review authority assigned by § 14.05.02 to any of the required applications. For example, a project that requires a Zoning Map amendment and a conditional use permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), whereas a conditional use permit application by itself may be reviewed and acted upon by the Commission.
F. Initial application review. All applications filed with the Department in compliance with this Development Code shall be initially processed as follows.
1. Completeness review. The Zoning Administrator shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with divisions C. and D. above. This determination shall be made within 30 days of the filing date of an application per § 14.05.03
.C.4. This determination shall be made within 15 calendar days of an application resubmittal date addressing deficiencies the applicant was previously notified of per § 14.05.03
.F.1.a.
a. Notification of applicant. The applicant shall be informed, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in a letter or electronic notice, must be provided. If the application is not administratively complete, the letter or electronic notice to the applicant shall include a comprehensive list of the specific deficiencies. Upon issuance of this notice, both the completeness review and the overall time frames are suspended from the date the notice is issued until the missing information is received from the applicant. If more than one department's approval is required to approve the application, additional letter or electronic notices of administrative completeness or deficiencies may be submitted by those departments to the applicant.
b. Appeal of determination. Where the Zoning Administrator has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Zoning Administrator is not required, the applicant may appeal the determination in compliance with § 14.05.03O.
c. Expiration of application. If the applicant does not provide the additional information required in compliance with division F.1.a., above, within 120 days after the date of the letter requesting the additional information, the Zoning Administrator may consider the application withdrawn if the Zoning Administrator determines that reasonable progress toward completion of the application has not occurred. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.
d. Criteria for acceptance. An application shall not be accepted as complete unless or until the Zoning Administrator determines that it includes all information and materials required by divisions C. and D. above. Upon determination by the Zoning Administrator that an application is complete, including payment of all required fees to the city, the applicant shall be notified of the completeness per § 14.05.03
.F.1.a. The application shall then be approved or denied by the city within 180 calendar days of the date of completeness determination. The 180-day approval time frame does not apply to the following:
i. Land that is designated as a District of Historical Significance per the State of Arizona;
ii. An area that is designated as Historic on the National Register of Historic Places; or
iii. Planned Area Developments.
The 180-day time frame may be extended by the city once for 30 calendar days due to extenuating circumstances. The applicant may also request extensions of time in writing from the city which may be granted for 30 calendar days per request.
e. Violations on the site.
i. The Zoning Administrator shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this Development Code or any permit or other approval granted in compliance with this Development Code. The only exception shall be an application for an entitlement or permit needed to correct the on-site violation(s).
ii. The Zoning Administrator’s authority under this division F. shall apply whether:
(A) The current applicant was the owner of the subject property at the time the violation occurred; or
(B) The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.
iii. The Zoning Administrator’s decision may be appealed in compliance with § 14.05.03O.
2. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, state, or federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
G. Public hearings. This article establishes procedures for public hearings before the BOA, Commission, and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this article.
1. Conduct of hearings. Hearings shall be held at the date, time, and place described in the public notice required by division H. below.
2. Continuances. If a hearing cannot be completed on the scheduled date, the presiding BOA member, Commissioner, or Councilperson before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued.
3. Additional notice not required. Additional notice for the continued hearing is not required if notice of the original hearing has begun pursuant to division H. below and a publicly announced date of a continued hearing is made pursuant to division G.2 above.
H. Notice of hearing. When a land use permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (A.R.S. § 9-462.04) and as required by this article.
1. Contents of notice. Notice of a public hearing shall include:
a. Hearing information. The date, time, and place of the hearing and the name of the hearing body; a brief description of the city’s general procedure concerning the conduct of hearings and decisions; and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information.
b. Project information.
i. The name of the applicant; the city’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
ii. If the matter to be considered applies to a property located in a high noise or accident potential zone, as defined in A.R.S. § 28-8461, this shall be included in the general project explanation.
2. Method of notice distribution. Notice of a public hearing required by this article shall be given as follows.
a. Notices required by state law.
i. Published notice. A notice of the hearing shall be published at least once in a local newspaper of general circulation within the city at least 15 days before the hearing.
ii. Posted notice. If no newspaper of general circulation exists in the city, a notice of the hearing shall be posted, at least 15 days before the hearing, on the subject site and in at least 3 public places in the city. All posted notices shall be printed so that the present zoning district classification, the proposed zoning district classification, and the date and time of the hearing are visible from a distance of at least 100 feet.
iii. Notice to other local governments.
(A) In proceedings involving the rezoning of land that abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land.
(B) In proceedings involving rezoning of land that is located within the city in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, the city shall send copies of the notice of public hearing by first class mail to the military airport or facility.
iv. Notice for rezoning not initiated by property owner. In proceedings that are not initiated by the property owner involving rezoning of land that may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within 300 feet of the property to be rezoned.
v. Notice for changes in standards governing land uses. Any proposed change, or related series of changes, in the standards governing land uses shall provide notice in the following manner, in compliance with state law (A.R.S. §§ 9-462.04A.4 and A.5):
(A) In proceedings involving 1 or more of the following proposed changes, or related series of changes, in the standards governing land uses, notice shall be provided in compliance with division H.2.a.v.(B) immediately below:
(1) A 10% or more increase or decrease in the number of square feet or the amount of units that may be developed;
(2) A 10% or more increase or reduction in the allowable height of structures;
(3) An increase or reduction in the allowable number of stories of structures;
(4) A 10% or more increase or decrease in setback or open space requirements; or
(5) An increase or reduction in allowed uses.
(B) In proceedings governed by division H.2.a.v.(A) immediately above, notice shall be provided to real property owners in compliance with at least 1 of the following notification procedures:
(1) Notice shall be sent, by first class mail, at least 15 days before the hearing, with postage prepaid, to each real property owner, as shown on the county’s last assessment, whose real property is directly governed by the change(s);
(2) If the city issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the city shall include notice of the changes with the utility bills or other mailings; or
(3) The city shall publish the changes in a local newspaper of general circulation within the city at least 15 days before the first hearing on the changes. The changes shall be published in a “display ad” covering not less than 1/8 of a full page.
(C) If notice is provided under divisions H.2.a.v.(B)(2) or H.2.a.v.(B)(3) above, the city shall also send notice by first class mail to persons who register their names and addresses with the city as being interested in receiving such notice. The city may charge a fee not to exceed $5 per year for providing this service.
3. Additional notices. Although not required by state law, the city shall provide the following additional types of notice of public hearings.
a. Posted notice. A notice of the hearing shall be posted, at least 15 days before the hearing, on the subject site and in at least 3 public places in the city. All posted notices shall be printed so that the present zoning district classification, the proposed zoning district classification, and the date and time of the hearing are visible from a distance of at least 100 feet.
b. Mailed notice.
i. Notice shall be sent by first class mail, at least 15 days before the hearing, with postage prepaid, to:
(A) The owner(s) of the property being considered or the owner’s agent, and the applicant(s);
(B) Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
(C) All owners of real property as shown on the county's last assessment within a 300-foot radius of the subject lot; and
(D) Any person who has filed a written request for notice with the Director and has paid the fee established by the Council’s fee resolution for the notice.
ii. The 300-foot radius shall be measured from the exterior boundaries of the subject lot to the exterior boundaries of the neighboring lots, without reference to structures existing on either lot(s) in the following manner:
(A) Notification boundaries shall always include all lots on both sides of interior residential streets; and
(B) For proposed projects fronting on major arterial streets or highways the 300-foot radius shall not include the width of the adjoining right-of-way but shall be measured entirely from the opposite side of the arterial street or highway.
4. Optional notice. In addition to the methods of notice required by divisions H.2. and H.3., above, the Director may provide additional notice with content or using a distribution method as the Director determines is necessary or desirable.
5. Failure to receive notice. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the city, in compliance with state law (A.R.S. § 9-462.04A.7.).
I. Recommendation by Commission.
1. Commission’s action. At the conclusion of any public hearing on an amendment the Commission shall forward a recommendation, including all required findings, to the Council for final action.
2. Mailing of recommendation. Following the hearing, a copy of the Commission’s recommendation shall be mailed to the applicant at the address shown on the application.
J. Review authority decision and notice.
1. Decision.
a. The review authority (BOA, Commission, or Council, as applicable) may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing or defer action and continue the matter to a later meeting agenda in compliance with division G. above.
b. Where the Director has authority to issue a permit or approval under this Development Code, the Director may instead refer a matter to the Commission for determination. A referral shall require a noticed hearing before the Commission.
c. The action of the BOA or Commission shall be by affirmative vote of a simple majority of a quorum, except where state law requires a different percentage.
d. The decision of the Council on any matter shall be final.
2. Notice of decision. The notice of decision shall contain any conditions of approval determined to be reasonable and necessary to protect the public convenience, health, interest, safety, or general welfare of the city.
3. Mailing of notice of decision. Following the date that the final decision or recommendation is rendered by the applicable review authority, notice of the decision shall be mailed to the applicant at the address shown on the application. A copy of the notice of decision shall also be sent to the property owner, if different from the applicant, to all other persons who have filed a written request for notice, and to each member of the BOA, Commission, and Council.
K. Effective dates. A decision of the Zoning Administrator, Director, BOA, Commission, or Council shall become effective following the final decision on the application by the applicable review authority, unless an appeal of the review authority’s action has been filed in compliance with § 14.05.03O., as follows:
1. Decisions by the Zoning Administrator, Director, or Commission shall be effective 15 days after the decision;
2. Decisions by the BOA shall be effective 30 days after the decision; and
3. Decisions by the Council shall be effective 30 days after the decision, unless enacted as an emergency ordinance.
L. Time limits and extensions.
1. Time limits.
a. Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval (except for Planned Development permits, which are subject to division L.1.b. below, and Zoning Map Amendments) granted in compliance with this Development Code that is not exercised within 12 months of its approval shall expire and become void after action by the Council in compliance with state law (A.R.S. § 9-462.01), unless an extension of time is approved in compliance with division L.2. below.
b. The permit or approval shall not be deemed “exercised” until the permittee has at least obtained a building permit and substantial construction in compliance with a building permit has taken place, or has actually commenced the allowed use on the subject site in compliance with the conditions of approval, as determined by the Director.
c. The permit or approval under this Development Code shall remain valid after it has been exercised as long as a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted. If the approval also involves a zoning map amendment, that portion of the approval shall be returned to the Council with notice, in compliance with state law (A.R.S. § 9-462.01E.).
2. Extensions of time. Upon request by the applicant, the review authority may extend the time for an approved permit to be exercised in the following manner.
a. The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit, together with the filing fee required by the Council’s fee resolution.
b. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to an additional 12 months from the date of the decision to extend the permit or approval; provided, the review authority first finds that there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, and the like), to ensure that the proposed extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.
c. No more than 2 12-month time extensions shall be granted.
3. Hearing on expiration. At the request of the applicant, the review authority may hold a hearing on any proposed expiration of a permit, in compliance with divisions G. and H. above.
4. Terminated by discontinuance.
a. Permit shall lapse. A permit, approval, or entitlement under this Development Code shall lapse (e.g., shall have the effect of terminating the permit, approval, or entitlement and denying the privileges granted by the original approval) if the use associated with the permit or entitlement is terminated for a period of at least 180 days.
b. Recommencement. Recommencement of a use authorized by a permit, approval, or entitlement after the 180-day period has expired shall require the filing of a new application, together with the filing fee required by the Council’s fee resolution.
M. Resubmittals.
1. Resubmittals prohibited within 180 days. For a period of 180 days following the disapproval of a discretionary land use permit, approval, entitlement, or amendment by the Director, BOA, Commission, or Council, no application for the same or substantially similar discretionary permit, approval, entitlement, or amendment for the same site shall be accepted for filing.
2. Director’s determination. The Director shall determine whether the new application is for a discretionary land use permit, approval, entitlement, amendment, or other approval that is the same or substantially similar to the previously disapproved permit, approval, entitlement, or amendment.
3. Appeal. The determination of the Director may be appealed to the Commission, in compliance with § 14.05.03O.
N. Changes to an approved project. Development or a new land use authorized through a permit, approval, or entitlement granted pursuant to this Development Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.
1. Request for change. An applicant shall request desired changes in writing, and shall also furnish supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use; however, a change in use shall be requested and approved before initiating the new use.
2. Minor changes. The Director may approve changes to an approved site plan, architecture, or the nature of the approved use if the changes:
a. Are consistent with all applicable provisions of this Development Code;
b. Do not involve a feature of the project that was specifically addressed in the project approval;
c. Do not involve a feature of the project that led to conditions of project approval;
d. Do not involve specific considerations by the applicable review authority in the approval of the permit; and
e. Do not expand the approved floor area or any outdoor activity area by 10% or more over the life of the project.
3. Major changes. Changes to the project that do not comply with division N.2. above, shall only be approved by the applicable review authority through a new permit application.
O. Appeals.
1. Applicability. This section establishes procedures for the following:
a. The BOA’s review of a decision rendered by the Zoning Administrator in compliance with state law (A.R.S. § 9-462.06).
b. The Commission’s review of a decision rendered by the Director, including but not limited to any appeal in which it is sitting as the Administrative Hearing Officer pursuant to § 14.05.01B.5.f.;
c. The Council’s review of a decision rendered by the Director or Commission;
d. Appeals by other eligible appellants, in compliance with division O.2. below.
2. Eligibility. An appeal may be filed by:
a. Administrative determination. Any eligible person affected by an administrative determination or decision by the Zoning Administrator or Director.
b. Land use permit or hearing decision. In the case of a land use permit or hearing decision by the Commission, by any eligible person affected by the decision and who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.
c. Definition of eligible person. An ELIGIBLE PERSON is anyone who lives, or conducts business, within 300 feet of the subject property, or a member of the approving body.
3. Appeal subjects and jurisdiction. Determinations and decisions that may be appealed, and the authority to act upon an appeal shall be as follows.
a. Appeals to BOA. Decisions by the Zoning Administrator on specified permits, approvals, or entitlements may be appealed to the BOA.
b. Appeals to Commission. Decisions by the Director may be appealed to the Commission.
c. Appeals to Council. Decisions by the Commission may be appealed to the Council.
4. Appeals to BOA by eligible person. In the case of an appeal to the BOA by an eligible person, the Zoning Administrator shall schedule a hearing on the matter.
5. Appeals to Commission by eligible person. In the case of an appeal to the Commission by an eligible person, the Director shall schedule a hearing on the matter.
6. Council’s review.
a. Appeals by eligible person. In the case of an appeal of a Commission decision to Council by an eligible person, the Director shall schedule a hearing on the matter.
b. Appeal by Council. The Council may choose to review a decision rendered by the Commission or Director, but only when the Director is acting as the Director. A member of the Council may request the opportunity to discuss any decision previously rendered. A majority vote of the Council, taken before the effective date of the review authority’s decision, is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the City Clerk.
c. Referral to applicable review authority. The Council shall have the authority, at any time before its final determination on the appeal, to refer the matter back to the applicable review authority for additional consideration. The Council may instruct the review authority to conduct an additional public hearing in order to accept new evidence relating to the matter subject to appeal.
d. Decision final. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.
7. Administrative Hearing Officer review.
a. Review. The Commission, sitting as the Administrative Hearing Officer, shall decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement, or development of real property on the requirement of an exaction or dedication. This section does not apply to a dedication or exaction required in a legislative act of the Council that does not give discretion to a city administrative agency or city official to determine the nature or extent of the dedication or exaction.
b. Notice to property owners of rights to appeal. In each case in which a city administrative agency or city official grants an approval for the use, improvement, or development of real property subject to the requirement of a dedication or exaction as a condition of granting the approval, the city shall notify the property owner in writing that the property owner has the right to appeal the dedication or exaction and shall additionally provide the property owner with a written description of the appeal process.
c. Waiver of right to appeal prohibited. No official, agency, or employee of the city shall request any property owner to waive their right of appeal at any time.
d. Appeal application and procedure. The appeal of a property owner shall be in writing and received by the Administrative Hearing Officer within 30 days after the final determination is made. No fee shall be charged to a property owner for filing the appeal. After receipt of a written request for an appeal, the Commission shall schedule a time and date for the hearing no later than 30 days following the receipt of the appeal.
e. Hearing an appeal. At the time of the hearing on the appeal, the city shall have the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest and that the proposed dedication or exaction is roughly proportional to the impact of the proposed use, improvement, or development.
f. Decision. The Administrative Hearing Officer shall decide the appeal within 5 working days after the hearing. If the city does not meet its burden under division O.7.e., above, the Commission, sitting as the Administrative Hearing Officer, shall modify or delete the requirement of the dedication or exaction. If the Commission, sitting as the Administrative Hearing Officer, modifies or affirms the requirement of the dedication or exaction, a property owner aggrieved by that decision may, at any time within 30 days after that decision, file a complaint for a trial de novo in the Superior Court.
8. Filing, processing, review, and action on appeals.
a. Form of appeal.
i. Appeal applications addressed to the BOA, Commission, or City Council shall be filed with the City Clerk.
ii. The appeal application shall:
(A) Specifically state the pertinent facts of the case and the basis for the appeal; and
(B) Be accompanied by the information identified in the Department handout for appeal applications.
b. Delay of proceedings. Filing of an appeal, other than a special action appeal, in compliance with state law (A.R.S. § 9-462.06K.), shall delay all proceedings associated with the matter subject to the appeal, pending the city’s final action on the appeal.
c. Withdrawal. An appeal may not be withdrawn nor dismissed before the scheduled public hearing.
d. Joining an appeal. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal. Any person who wishes to join an appeal shall follow the same procedures for an appellant. No person shall be allowed to join an appeal after the end of the specified appeal period.
e. Action on appeals. The appeal body shall conduct a public hearing in compliance with divisions G. and H. above.
f. Scope of review and decision. When reviewing an appeal, the appeal body may:
i. Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal;
ii. Uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal; and
iii. Adopt additional conditions of approval deemed reasonable and necessary.
g. New evidence. If new or different evidence is presented during the appeal hearing, the BOA, Commission, or Council, may refer the matter back to the Zoning Administrator, Director or Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.
h. Findings. When reviewing an appeal, the appeal body shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority.
i. Mailing of resolution. The Director or City Clerk, as applicable to the level of appeal body, shall mail a copy of the decision to the appellant and the applicant (if not the appellant) following the date the decision on the appeal is rendered.
P. Performance guarantees. A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any of the land use permits, approvals, or entitlements under by this Development Code.
1. Form and amount of security. The required security shall be in a form approved by the Director. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.
2. Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of the improvements.
3. Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been approved by the Director, or until any warranty period required by the Director has elapsed.
4. Release or forfeit of security.
a. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.
b. Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.
c. Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city.
Q. Permits run with the land. A land use permit, approval, or entitlement granted in compliance with this Development Code shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use and development remains in compliance with all applicable provisions of this Development Code and any conditions of approval.
(Ord. 24-1351, passed 12-10-2024; Ord. 18-1203, passed 8-14-2018; Ord. 16-1141, passed 2-23-2016)