§ 154.015 CONDITIONAL USE PERMIT, DEVELOPMENT MASTER PLAN, MINOR SUBDIVISION, PLOT PLAN HISTORIC DISTRICT, REZONING, SUBDIVISION, SITE PLAN AND VACATION.
   (A)   The applicant shall submit the necessary application and plans (§§ 154.035 through 154.044 of this chapter) and fees (§§ 154.055 through 154.057 of this chapter) to the city.
   (B)   The city will review the information to ensure that all submittal requirements have been met. The applicant will be notified in writing of any deficiencies within five working days. The application will not be processed until it includes all submittal requirements.
   (C)   The Planning and Zoning Official shall refer the application to the Departmental Review Team and shall schedule the completed application for a Departmental Review Team meeting to be held within 30 days of the submittal of the completed application.
   (D)   The applicant must be present at the review meeting to present and explain the application. If the applicant does not attend the meeting, the application will not be considered.
   (E)   All Departmental Review Team recommendations, practical concerns and technical requirements shall be in writing and shall be presented to the applicant at the Departmental Review Team meeting. If any city department does not present written comments at this meeting, the Planning and Zoning Official will notify the applicant that the subject department has no concerns or comments. The subject department will not be able to develop comments or concerns later in the process without a written authorization from the City Manager.
   (F)   Plot plan historic district.
      (1)   The applicant meets with the Planning and Zoning Official to review recommendations of the various departments. Further consultation with the various reviewing departments may be necessary to reach agreement on changes in the plot plan. Design and service oriented issues (not code or ordinance requirements) may be appealed to the Planning and Zoning Commission for final determination. Requirements dealing with historic preservation issues may be appealed to the Historic Preservation Commission. Requirements dealing with Main Street issues may be appealed to the Main Street Design Committee.
      (2)   The applicant shall make final changes as agreed and submit four copies of the approved plot plan to the Planning and Zoning Official.
      (3)   The City Engineer will then prepare a memorandum of agreement for public improvements setting forth the applicant’s financial assurance that all required public improvements will be completed to city standards, requirements and specifications (§ 154.073 of this chapter). These shall include half- street improvements for any portion of a street that abuts the property. The memorandum of agreement for public improvements must be signed by the applicant prior to issuance of the building permit.
      (4)   The applicant is then eligible for a building permit and submits the following to the Chief Building Official:
         (a)   Building permit application form; and
         (b)   Two sets of building plans.
      (5)   The building plans will then be reviewed by the city staff or referred to the city’s architecture or engineering consultant.
      (6)   The building permit is issued by the Chief Building Official upon approval of the application and building plans and payment of the required fees.
   (G)   Minor subdivisions.
      (1)   For minor subdivisions, a public hearing by the Planning and Zoning Commission or City Council is not required.
      (2)   The Departmental Review Team shall approve or disapprove applications for minor subdivisions.
      (3)   The applicant will have the option of amending the application to satisfy all of the issues raised by the Departmental Review Team or submitting a letter of appeal to the City Council that will explain which of the concerns are not being satisfied and why.
      (4)   Upon approval of the minor subdivision, the applicant shall comply with all engineering plans and financial security agreements as required by § 154.037 of this chapter.
      (5)   Upon approval of the above, the City Planner shall cause the original minor subdivision plat to be signed and recorded with the County Clerk and Recorder.
   (H)   For all other applications, the applicant will have the option of amending the application to satisfy all of the issues raised by the Departmental Review Team or submit a letter addressed to the Planning and Zoning Commission which will explain which of the concerns are not being satisfied and why.
   (I)   As soon as the Planning and Zoning Official receives an amended application, if applicable, and/or a letter of explanation, both of which combined address all of the issues raised by the Departmental Review Team, the application shall be scheduled for the next available Planning and Zoning Commission meeting.
   (J)   The Planning and Zoning Official shall send notice of public hearing to all property owners within the property and within 300 feet of the request (list of names and addresses and stamped, addressed envelopes to be provided by the applicant) and shall publish a legal notice of the public hearing a minimum of 15 days prior to the Planning and Zoning Commission public hearing. In addition, the Planning and Zoning Official shall place a public hearing notice on the property a minimum of 15 days prior to the public hearing.
   (K)   If more than one year elapses between the Departmental Review Team decision date and the time when all concerns are met or a written statement is provided, the application must be reviewed again by the Departmental Review Team to ensure that the prior issues, concerns and technical requirements are still applicable.
   (L)   The Planning and Zoning Official shall prepare a staff report for the Planning and Zoning Commission. This report shall be forwarded to the Planning and Zoning Commission and the applicant a minimum of five days prior to the Commission meeting. The report shall contain a summary and copy of the written comments received from the reviewing departments. In addition, the report at a minimum, shall review the extent to which the application is consistent with the General Plan, other adopted city regulations, policies and procedures, and a recommendation for approval or denial, conditions if applicable and reasons for the recommendation.
   (M)   The Planning and Zoning Commission shall hear the application at public hearing and make a recommendation at a regularly scheduled or special meeting. Any decision by the Planning and Zoning Commission shall be made and recorded by motion.
   (N)   The Planning and Zoning Official shall not forward the application in final form to the City Council until all concerns of the Planning and Zoning Commission have been met unless the applicant submits a detailed written statement to the City Council explaining why the conditions or concerns are not or cannot be met. Upon compliance, the Planning and Zoning Official shall schedule the application for the next available City Council meeting.
   (O)   The City Council shall hear the application at public hearing and make a decision on the application at a regularly scheduled or special meeting. The City Council may approve, approve with conditions or deny the application request. If the City Council decides to approve the application request, the City Attorney will be directed to prepare an ordinance approving the application request. In addition, the City Engineer will be directed to prepare a memorandum of agreement for public improvements (§ 154.073 of this chapter) setting forth the applicants financial assurance that all required public improvements will be completed to city standards, requirements, and specifications. These shall include half-street improvements for any portion of a street that abuts the property. The memorandum of agreement for public improvements must be signed by the applicant prior to final decision by the City Council. City Council approval shall be made and recorded by ordinance.
   (P)   Upon approval, the Planning and Zoning Official shall cause the original subdivision plat, site plan, vacation or annexation map to be signed, and recorded with the County Clerk and Recorder.
(Prior Code, § 10-2.01) (Ord. 747, passed - -1995; Ord. 895, passed - -2008; Ord. 904, passed - -2008)