A. Applications Reviewed At Planning Commission Meeting: Whenever applications to the planning and zoning commission for formal action are required by this title, submission to the planning commission is hereby defined as submission of such application at a regularly scheduled public meeting of the planning commission.
B. Time Periods For Planning Commission Action: Time periods for planning and zoning commission action shall not begin to run until after complete applications are officially received by the planning commission at a regularly scheduled public meeting.
C. Fees: Fees may be charged applicants for excavation permits, development permits, zoning permits, zoning amendments, building permits, occupancy permits, conditional use permits, design review, plan/plat review, annexation amendments, planning and zoning commission and board of adjustment hearings, and such other services as are required by this title to be performed by public officers, city staff or agencies. Such fees shall be established by resolution of the city council and shall be in the amounts reasonably needed to defray costs to the public.
D. Approval Or Disapproval: At each step of the review procedure, the planning commission shall approve or disapprove of the plans, plats, drawings, details, writings and materials submitted to it, and where applicable, shall approve or disapprove the entire application or any portion thereof. Any approval or disapproval made by the planning commission shall be in the form of written findings of fact and conclusions, which findings and conclusions shall be made available to the applicant and all parties concerned by the planning commission within forty five (45) calendar days of the planning and zoning commission meeting at which the application was reviewed.
E. Copies: A minimum of three (3) copies of all required application materials shall be submitted to the planning and zoning commission at each step of the review process. Additional copies may be required by the zoning administrator as may be needed for proper review.
F. Formal Action: Formal action on any application, i.e., action approving or denying an application, shall be taken only at regularly scheduled or officially called meetings of the planning and zoning commission or city council.
G. Public Hearing: Unless specifically required by this title or other applicable law, no public hearing need be held. However, a hearing may be held when the planning and zoning commission shall deem such a hearing to be necessary and in the public interest. Whenever a public hearing is held, notice thereof shall be given as required by applicable law or if there is no otherwise applicable law, then by a method reasonably calculated to give notice to interested parties. Such notice shall be given a minimum of ten (10) calendar days prior to the public hearing or as required by state law, whichever period of time is greater. Failure of interested parties to receive actual notice of said hearing shall in no way affect the validity of the action taken.
H. Dedication Of Land To Public: Acceptance of dedication of proposed public lands, utility, alleys, pathways, easements or street rights of way in an approved final plan/plat can be made only by the city council. Final plan/plat approval by the city council will be deemed an acceptance of dedication, unless streets, utilities, alleys, pathways, easements and other public spaces are shown as "not intended for dedication" or marked "private", or unless the city council expressly rejects the proposed dedication.
I. Application Forms: Application for any required planning and zoning commission action shall be submitted on forms prepared for that purpose and approved by the planning and zoning commission.
J. Retention Of Plans: Plans, specifications and reports for all applications submitted to the city shall become the property of the city and shall be retained permanently.
K. Validity: Approval of concept plans and preliminary design plans shall remain valid for twelve (12) months, and following expiration of this time period, said approval shall expire. Once final approvals are given, projects must be started within twelve (12) months or said approvals shall expire and a new permit application must be submitted.
L. Phase Development:
1. Final plan/plat approval may be granted on less than the entire project covered by preliminary plan approval, and final plan/plat approval on projects containing more than ten (10) lots shall be done in phases, except as provided below. Each phase shall consist of the number of lots which can be completely developed with off site improvements within a one year period, or as approved by conditional use permit. The development of the project shall be in an orderly manner and in such a way that the phases will be contiguous, and the required improvements will be made available for the full, effective and practical use and enjoyment thereof by the lessees or the grantees of any of the lands developed within the time hereinafter specified.
2. When the off site improvements have been one hundred percent (100%) completed within the boundaries of the approved final plan/plat of any phase and reviewed by the city engineer, and on site improvements are seventy percent (70%) completed, the developer may submit the next phase of the proposed development in accordance with the rules and regulations of this title. On site improvements shall be construed to mean the construction or placement of the dwelling or other main building and its appurtenant improvements on each lot.
3. A final plan/plat including more than twenty five (25) lots will be accepted only upon the submission of qualified evidence indicating that the market absorption rate and the financial ability of the developer are such that the off site improvements for all lots in such final plan/plat will be completed within one year, and that on site improvements will be completed on at least seventy percent (70%) of the lots within two (2) years of such approval.
M. Appeals Procedure: Appeals from any final administrative or planning and zoning commission decision may be made to the board of adjustment.
N. Changes: Any significant changes, as determined by the zoning administrator, city engineer or building inspector, that affect an approved final conditional use, drawing, plan or plat will require resubmission of the conditional use, drawing, plan or plat for approval by the planning and zoning commission and city council.
O. Additional Required Information: The planning and zoning commission, city council, zoning administrator, city planner, city engineer, building official/inspector or city attorney may require the developer/applicant to provide such additional information as may be necessary to complete a proposal for the written record, demonstrate capability, solve anticipated problems, mitigate adverse conditions or show geotechnical solutions to site development, problems or concerns. (Ord. 2008-002, 2008)