§ 9.1.2 DISPOSITION AND ACCEPTANCE OF APPLICATION.
   (A)   Each application for a land use permit shall be reviewed by a member of the City crew as assigned. Applications which require a variance, or for other reasons as deemed appropriate by the assigned City employee, may be referred to the City Council and placed on the agenda at the next regular meeting following receipt of the application and application fee, or at such later meeting as the Council may direct.
   (B)   (1)   The City employee assigned to review the application may:
         (a)   Accept the application and grant a building permit:
         (b)   Return the application for more information; or
         (c)   Reject the application.
      (2)   Applications which are returned or rejected may be referred or appealed to the Council. The Council has powers identified under divisions (B)(1)(a) through (B)(1)(c) above and may authorize a variance under conditions as it deems appropriate.
      (3)   Applications not involving proposed construction within one foot of a property line or required setback may be exempt from marking or locating corner pins or providing a new survey as part of the application process. Such exemption may be granted by the City employee assigned to review the application or the Mayor.
   (C)   Acceptance shall require that any structural improvement to the property shall not encroach upon or be located within any City property, including, but not limited to, City streets, alleys, water lines or sewer lines.
   (D)   In the event any such application reflects an encroachment of the above noted City facilities, the application shall be rejected until such time as the applicant can modify said plans to eliminate any encroachment upon a City facility; or, until such time as a variance may be issued wherein said applicant(s) addresses the encroachment on terms acceptable to the City.
   (E)   A variance may be proposed by the applicant(s) at the time of initial submission or upon re-submission following any rejection identifying an encroachment or other issue.
(Ord. 358, passed 12-20-2016)