The requirements of this section shall apply to all applications and review procedures set forth in this Zoning Code, unless otherwise stated.
(A) Applicant. A person having legal authority to take action in accordance with the approval sought shall file an application for review in accordance with this Zoning Code. Persons having such legal authority include the legal owner of the premises and the legal owner’s representative who has express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
(B) Zoning Application Required. Prior to Filing Application for a Building Permit. All applicants for commercial and industrial construction shall submit an application for zoning permit review and approval prior to submitting for state building plan approval.
(C) Application Filing Requirements. Applications required under this Zoning Code shall be submitted in a form and in such numbers as established by the Zoning Administrator and shall be accompanied by:
(1) An application form provided by the Village, completed and signed by the applicant.
(2) The appropriate information, plans, studies and other documents that are required by this Zoning Code based on the type of application submitted. Such list of filing submission requirements shall be made readily available to the public.
(3) Payment of fee(s). Applications shall be accompanied by the fee required in the Official Village of Swanton Zoning Code Fee Schedule as established by the Swanton Village Council. The schedule of fees shall be available at Village Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure that is referred to the Planning Commission for review. For all other applications, the zoning permit or certificate of zoning compliance shall not be issued until all fees have been paid in full.
(D) Application Filing Deadline. For applications requiring review by the Planning Commission, the applicant shall file an application with the Zoning Administrator at least 15 business days before the date of the Planning Commission’s regularly scheduled meeting at which such application is to be considered.
(E) Complete Application Determination. The Zoning Administrator shall initiate the review and processing of a submitted application only after such application is determined to be complete.
(1) The Zoning Administrator shall make a determination of application completeness within five (5) business days of the application filing.
(2) If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant of necessary changes or additional information needed. No further processing of an incomplete application shall occur until the deficiencies are corrected.
(3) Once an application is determined to be complete, the Zoning Administrator shall process the application according to the procedures set forth in this Zoning Code.
(4) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(F) Review Meeting Date. For applications requiring review by the Planning Commission, a complete application shall be placed on the Commission’s agenda for the next regularly scheduled meeting occurring not less than five (5) days from the date the application is determined complete.
(G) Refund of Fees. Application or review fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due; in which case the amount of the overpayment will be refunded to the applicant.
(H) Submission Schedule. The Zoning Administrator is authorized to and shall establish the submission and review schedule for applications. The Zoning Administrator may amend and update these requirements as determined necessary.
(I) Required Times for Action and Inaction. Whenever the provisions of this Zoning Code require that reviewers or decision-makers take action on an application within a specified period 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 review period.
(Ord. 2023-03, passed 2-27-2023)