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(A)
All applications for zoning, special use, or sign permits must be completed before the permit-issuing authority is required to consider the application.
(B) Subject to division (C) below, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.
(C) In this chapter, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks and the like) are set forth in one or more of the appendices to this chapter. It may not be necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text. However, whenever the permit- issuing authority under this chapter requires a certain element of a development to be constructed in accordance with the detail requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings shall have been submitted to and approved by the Zoning Administrator and/or the Chief Building Inspector or his or her designee. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval or other penalty as provided in §§ 153.415 through 153.420.
(D) The presumption established by this chapter is that all of the information set forth in this chapter is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Board of Aldermen or Board of Adjustment, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information than that set forth in this chapter should be submitted.
(E) The Zoning Administrator shall make every effort to develop application forms, instructional sheets, checklists or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Zoning Administrator to determine compliance with this chapter, such as applications for zoning permits to construct single- family houses or duplexes, or applications for sign permits, the Zoning Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.
(B) Before submitting an application for a special use permit authorizing a development that consists of or contains a major subdivision, the developer shall consult with the planning staff.
(C) Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this chapter to the proposed development.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Upon receipt of a formal application for a zoning, special use permit, or minor plat approval, the Zoning Administrator shall review the application and confer with the applicant to ensure that he or she understands the planning staff's interpretation of the applicable provisions of this chapter, that he or she has submitted all of the information that he or she intends to submit, and that the application represents what he or she proposes to do.
(B) If the application is for a special use permit, the Zoning Administrator shall place the application on the agenda of the appropriate board after the applicant indicates that the application is as complete as he or she intends to make it. If the Zoning Administrator believes that the application is incomplete, he or she shall recommend to the appropriate board that the application be denied on that basis.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
A complete application form for a zoning permit shall be submitted to the Zoning Administrator by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department.
(B) The Zoning Administrator shall issue the zoning permit unless he or she finds, after reviewing the application, that:
(1) The requested permit is not within his or her jurisdiction according to the table of permissible uses;
(2) The application is incomplete; or
(3) If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements imposed when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in §§ 153.030 through 153.038).
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Zoning Administrator may notify the Building Inspector that the applicant may be allowed to commence the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond, cash funds, letter of credit, real estate of equal value or other security satisfactory to the Administrator to ensure that all of the requirements of this chapter will be fulfilled within a reasonable period (not to exceed 12 months). In general, satisfactory security shall be reasonably liquid and shall equal 120% of the value of the improvements. Final authorization to issue a certificate of occupancy or commence the use of a property rests with the Building Inspector.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) An application for a special use permit shall be submitted to the Board of Aldermen by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department.
(B) The Board of Aldermen shall conduct an evidentiary hearing on the application using the quasi-judicial procedures set forth in this chapter.
(C) The burden of presenting a complete application to the Board of Aldermen shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.
(D) Subject to division (E) below, the Board of Aldermen shall issue the special use permit upon finding that:
(1) The requested permit is within its jurisdiction according to the table of permissible uses;
(2) The application is complete;
(3) If completed as proposed in the application, the development will comply with all of the requirements of this chapter;
(4) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted;
(5) The use will not substantially reduce the value of adjoining or abutting property, or that the use is a public necessity; and
(6) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town.
(E) The Board shall then grant a special use permit with the concurring vote of three-fifths of the members if all of the requirements of division (D) above have been met; and shall deny the permit if any of the requirements of division (D) above have not been met.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)
(A) When presented to the Board of Aldermen at the hearing, the application for a special use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with § 153.342 and the other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the Board of Aldermen.
(B) If the staff proposes a finding or conclusion that the application fails to comply with § 153.342 of this chapter or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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