An applicant shall file with the city plan commission's administrative officer an application for variance(s) and/or special-use permit(s) along with an application for the following project categories:

The administrative officer shall review the UDR application for completeness and for compliance with this section. The time period for the administrative officer to certify as complete or incomplete a UDR application shall be the same as the time period for certifying the accompanying application for a subdivision, development plan review, or land development project. The administrative officer's decision on a UDR application is appealable in the same manner as an appeal from any other decision of the administrative officer application.

A public hearing on the application, including any variance and special-use permit requests shall be held prior to consideration of the preliminary plan by the city plan commission. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation within the city. Notice shall be sent to the applicant and to each owner within two hundred (200) feet of the perimeter of the area included in the subdivision and/or land development project by certified mail, return receipt requested, not less than ten (10) days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (1) the notice area extends into the adjacent municipality; or (2) the development site extends into the adjacent municipality; or (3) there is a potential for significant negative impact on the adjacent municipality.

Notice of the public hearing shall be sent by first-class mail to the planning board of any municipality where there is a public or quasi-public water source, or private water source that is used, or is suitable for use, as a public water source, located within two thousand (2,000) feet of the municipal boundaries.

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source, located within either the municipality or two thousand feet (2,000') of the municipal boundaries; provided, that a map survey has been filed with the building inspector as specified in § 45-24-53(f).

The notice for the public hearing shall include the following information:

The administrative officer shall review the UDR application for completeness and for compliance with this section. The time period for the administrative officer to certify as complete or incomplete a UDR application shall be the same as the time period for certifying the accompanying application for a subdivision, development plan review, or land development project. The administrative officer's decision on a UDR application is appealable in the same manner as an appeal from any other decision of the administrative officer application.

The city plan commission shall approve, approve with conditions, or deny the request(s) for variance(s) and/or special-use permit(s) before considering the project category application. Approval of the variance(s) and/or special-use permit(s) shall be conditioned upon approval of the final plan of the project category.

The city plan commission shall address the same findings of fact required to be addressed by the zoning board of review and shall produce and record a written decision in the same manner as the zoning board of review.

The time periods by which the city plan commission shall render a decision for variance(s) and/or special-use permit(s) shall be the same as the time periods by which the city plan commission shall render a decision on the applicable stage of review of the underlying type of project under review.

If any requirements of this chapter conflict with other requirements of zoning, the city code, or any applicable state or federal law or regulation, the more restrictive requirements shall apply.

An approval shall not relieve an applicant of the requirement to comply with any other city code or with any applicable state or federal law or regulation.

Any violation of the requirements of this chapter or of any condition(s) of approval shall be subject to enforcement under the provisions of Section 17.04.080 violations of zoning.

Severability. See Section 17.04.090 severability.