Any application for a
required or authorized under this Chapter shall require a
to be granted by the
or the
prior to issuance of the
. The following procedures shall govern the review of applications for
subsequent to filing:
125.05(A) Completeness of application. The shall review the application for
to determine its completeness. If the application is incomplete, the
shall be advised in writing as to the missing items.
125.05(B) Discipline review. Upon acceptance of an application for a
, the shall forward a copy of the application and accompanying material to each of the following disciplines for review: Engineering, Engineering, Planning and Zoning, Fire Prevention, Public Works/
,
, Survey,
, and any other discipline, as applicable.
125.05(C) Review responsibilities. Each reviewing discipline shall prepare a staff report which sets out in writing its comments and recommendations regarding the application for
, and shall forward such staff report to the .
125.05(D) Administrative review.
125.05(D)(1) If the application is for
of
units within a lotted subdivision, the application shall be subject to review by those disciplines that the
deems appropriate. Within seven working days of acceptance of a completed application for
subject to administrative review, the
shall make a determination, based upon required discipline reviews:
125.05(D)(1)(a) That the application complies with the applicable standards and minimum requirements of this Chapter, in which case the
shall issue a
granting the application; or
125.05(D)(1)(b) That the application is not in compliance with the applicable standards and minimum requirements of this Chapter, in which case the
shall issue a
denying the application.
125.05(D)(2) A
denying an application shall include a statement of the basis for denial. A
granting an application with conditions shall include a statement of said conditions and the basis therefor.
125.05(E)
review. Prior to the scheduled development review meeting, the shall compile the individual staff reports, and prepare a written development review report.
125.05(F) Referral of applications to
.
125.05(F)(1) For applications subject to
review, upon compliance with all conditions contained in the report, the
shall submit the development review report and recommendation to the City Clerk for scheduling on the next available agenda of the
.
125.05(F)(2) If the application is subject to administrative review and the
believes there is a substantial question regarding the interpretation of this chapter as it applies to the application, the
may refer the matter to the
for a determination.
125.05(G)
review:
.
125.05(G)(1) At a regularly scheduled public meeting the
shall review the application for conformity to this Chapter and shall act upon the application. The
shall make one of the following determinations:
125.05(G)(1)(a) That the application is in compliance with the applicable standards and minimum requirements of all applicable codes, in which case the
shall adopt a resolution granting approval of the application;
125.05(G)(1)(b) That the application is not in compliance with the applicable standards and minimum requirements of all applicable codes, in which case the
shall adopt a resolution denying the application; or
125.05(G)(1)(c) That the application is not in compliance with the applicable standards and minimum requirements of all applicable codes, but conditions have been determined by the
to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements, in which case the
shall adopt a resolution granting approval of the application with said conditions.
125.05(G)(2) In the case of land use plan amendments, rezonings, and DRI
, the
shall adopt an ordinance granting approval of the application.
125.05(H) Effect of
.
125.05(H)(1) No
shall be issued except pursuant to an effective
.
125.05(H)(2) No
shall be issued for a
which is inconsistent with the
governing such
.
125.05(I) Time limitation on re-filing of applications.
125.05(I)(1) Whenever the
has denied an application for a
, the
shall not accept the same or substantially the same application for a period of 12 months from the date of the denial by the
. The above time limit may be waived by the
by an affirmative vote of four City Commissioners when the full
is present, or by a unanimous vote of all City Commissioners present if less than the full
is present, when the
deems such an action necessary due to changed circumstances, to prevent an injustice, or to facilitate the proper development of the City based upon evidence provided by the
.
125.05(I)(2) Whenever the
has denied an application for a
and that denial has not been appealed by the
, the
shall not accept the same or substantially the same application for a period of 12 months from the date of the denial. The above time limit may be waived by the
when he or she deems such action necessary due to changed circumstances, to prevent an injustice, or to facilitate the proper development of the
based upon evidence provided by the
.
125.05(I)(3) Whenever the
withdraws an application for a
:
125.05(I)(3)(a) If the withdrawal occurs prior to the application being advertised for a Commission hearing, it may be re-filed at any time.
125.05(I)(3)(b) If the withdrawal occurs after the application has been advertised for a Commission hearing but before the hearing begins, the
shall not accept the same or substantially the same application for a period of 25 days from the date of the withdrawal.
125.05(I)(3)(c) If the withdrawal occurs after the Commission hearing on the application has been opened, the withdrawal will be treated as a denial for the purpose of resubmission.
125.05(I)(4) If a deferral of an application occurs after the application has been advertised for a Commission hearing, the deferral will be treated as a denial for the purpose of resubmission if the
has not rescheduled the application within 90 days of the originally scheduled Commission hearing.
125.05(J) Time limitation on applications in review. An application shall be deemed to be abandoned after 180 days of inactivity on the application. The
shall refund any unused portion of the cost recovery fee and the applicant must refile with a new fee if the application is resubmitted.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2018-10, passed 7-2-2018; Am. Ord. 2020-02, passed 2-3-2020)