Evanston City Zoning Code
ARTICLE II
Common Procedure
§ 24-6 General requirements.
[Amended by Ord. No. 00-9]
A.
Regardless of the nature of a development request, there are certain submittals and procedures that are standard in the City's process for approval of a request which include:
(1)
Completion of an application form;
(2)
Disclosure of ownership;
(3)
Applicant names and addresses of owners and preparers of the application;
(4)
Adjacent property owners;
(5)
Legal description;
(6)
Existing site information;
(7)
Map requirements;
(8)
Call-up procedures;
(9)
Public hearing notification.
B.
The requirements set forth in subsection A of this section are explained in this article. All other submittal requirements and procedures appropriate to a specific action are contained in the specific article of this chapter dealing with that action.
(1) | Conditional Use Review | Chapter 24, Article V | |
(2) | Planned Unit Development | Chapter 24, Article VI | |
(3) | Design Review for Large Retail Establishments | Chapter 24, Article VIA | |
(4) | Landscape Plan | Chapter 24, Article IX | |
(5) | Variances | Chapter 24, Article XI | |
(6) | Zoning Amendments | Chapter 24, Article XIII |
C.
Procedures for subdivisions are contained in Chapter 22 of this Code.
§ 24-7 Preapplication review.
A.
General. Prior to filing a formal application, the applicant shall confer with the planning office to obtain information and an informal response to the project from City staff before substantial commitments of time and money are made. The planning commission may provide an informal review of the proposal if requested by the applicant.
B.
Submission requirements. Information submitted at this stage in the review process should be general and cursory in nature and contain the following:
(1)
The type of applications applied for;
(2)
Location of the site which is the subject of the application;
(3)
An indication of whether the site is within the corporate limits of the City;
(4)
Current zoning of the land which is the subject of the application;
(5)
Surrounding land uses;
(6)
Proposed use or development concept for the land which is the subject of the application;
(7)
The estimated number of lots or dwelling units involved;
(8)
Ownership of the land which is the subject of the application.
C.
Staff review. Applicants submitting on application shall meet with a member of the planning department staff to discuss the proposal. At the discretion of the planning director, proposals will also be reviewed by other City departments at a technical review committee meeting (including the public works director, utilities superintendent, police chief, fire chief, building inspector, City planner, urban renewal director, recreation director). Written comments concerning the proposal shall be forwarded to the applicant from the planning director and include the following:
(1)
The type and number of permits required;
(2)
Applicable regulations, standard review procedures and submission requirements;
(3)
Application deadlines and review dates;
(4)
An indication of conformity of the proposal to community policies and regulations including, but not limited to, the Evanston comprehensive land use plan;
(5)
The availability of public services for the area which is the subject of the proposal;
(6)
Any special concerns the applicant will be required to address, before the proposal is accepted or adopted.
D.
Planning commission review. At either the applicant's, planning and zoning commission's or the City planner's request, the application may be submitted to the planning and zoning commission for a preliminary evaluation of the likelihood of the proposal meeting the provisions of this code and the City's comprehensive development policies. The review shall be based on the information given by the applicant in the conference with the staff.
§ 24-8 Application; generally.
A.
The appropriate application form shall be completely filled out and submitted with all the necessary support data before formal consideration of any application can begin.
B.
Permit application for any one proposal may be combined and reviewed concurrently with requests for other permits (e.g. a subdivision application may be submitted at the same time as a planned unit development application or a conditional review use request at the same time as a rezoning). The applications need not be sequential.
§ 24-9 Application; submission requirements.
A.
Disclosure of ownership. Applicant shall provide a certificate from a licensed title insurance company or attorney, which certificate shall set forth the names and addresses of all owners of the property including all owners of mineral estates, including mineral leases, mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the title to such property; and where the property involved in the application does not front on a public street or highway, said certificate shall also show that there is an established easement at least twenty feet in width for purposes of ingress and egress to the property from a street or highway. Additionally, the applicant shall provide evidence establishing this easement and the right to use the property in the manner specified. Names and addresses supplied shall be as they appear upon the plats or records on file in the office of the county clerk's and as addresses may appear in a telephone or other directory of general use in the area of the property or as they appear in the tax record of Uinta County.
B.
Applicant names and addresses. Applicants shall provide names and addresses (if other than the owner), and the names and addresses of the planners, engineers, surveyors or other individuals involved in preparing the application.
C.
Adjacent owners. Applicants shall provide the names and addresses of property owners within three hundred feet of the exterior boundary of the site which is the subject of the application.
D.
Legal description. Applicants shall provide a legal description of the parcel(s) included in the application.
E.
Existing conditions.
(1)
Vicinity map.
(a)
Applications shall contain a vicinity map drawn to a scale of not less than one inch equals one thousand feet showing:
[1]
Boundary lines of adjoining property;
[2]
Use and zoning of adjoining property;
[3]
Current zoning and use of the property;
[4]
Location and names of all existing and platted streets, including curb cuts, within three hundred feet of the site.
(b)
A copy of an acceptable map for such use may be obtained at the City engineer's office.
(2)
A map(s) at a scale not smaller than one inch equals one hundred feet which shows where applicable:
(a)
Site or lot dimensions;
(b)
Location of utility rights-of-way on site and within two hundred feet of the exterior boundaries of the site;
(c)
Location of all easements on the site;
(d)
Location of parks and other public or common open spaces on site and within two hundred feet;
(e)
Permanent buildings, structures or houses on the site;
(f)
Location of all oil and gas wells, proposed, active or abandoned within the site and within three hundred feet of the site boundaries;
(g)
Existing sewers, water mains, culverts or other underground facilities indicating pipe sizes, grades, manholes and exact location on the site;
(h)
A title block which shall be located in the bottom right-hand corner of the map;
(i)
Existing ditches, canals, natural drainage channels and open waterways and high water levels of all water courses on the site;
(j)
Existing topography and natural features including identification of slopes greater than thirty percent and those slopes between fifteen percent and thirty percent. Such map shall show vertical intervals of not more than five feet or not more than ten feet for steep slopes (over thirty percent).
F.
Map and report requirements.
(1)
Each map shall include:
(a)
The name of the City, county, township, range, principal meridian, section and quarter section of the parcel involved;
(b)
The name of the development or subdivision located in the lower right-hand corner;
(c)
The name, address and telephone number of applicant(s);
(d)
The name, address and telephone number of person or firm preparing map;
(e)
A north arrow;
(f)
The date of preparation of the map;
(g)
The lot and block numbers and to be drawn to scale of not less than one inch equals one hundred feet;
(h)
In the case of multiple sheets, a key map showing the relationship of individual sheets to each other.
(2)
All reports shall include the name, address and telephone number of the person or firm preparing the report and the date of preparation.
(3)
Five copies of all required maps and reports shall be submitted to the planning office.
(4)
All maps and reports shall bear suitable evidence of the professional qualifications of the person responsible for the map report. Maps containing water supply, sanitation, utilities, drainage, soils, grading, roads, structures, and other civil engineering work must be certified by a registered professional engineer. All documents containing land survey descriptions and topographic maps must be certified by a land surveyor registered under the laws of the state of Wyoming.
G.
The requirements of subsections A, E and F of this section shall not apply to applications for conditional use permits and variances on single residential lots of one acre or less.
§ 24-10 Procedure.
A.
Application.
(1)
The applicant shall submit five copies of all application forms and requirements to the planning office (unless in the discretion of the planning office fewer are required).
(2)
The planning office shall review the submission for completeness and may request additional information if deemed necessary to show conformance with the provisions of this code. No application will be accepted by the planning office for review until the application is complete in all aspects.
B.
Staff review.
(1)
When the submission is certified complete by the planning office, the planning office shall distribute copies to appropriate referral agencies or departments. Any comments thereon shall be returned to the planning office within fourteen days.
(2)
Appropriate referral agencies may include the following:
(a)
City heads of departments including the City administrator, public works director, City engineer, utilities superintendent, building inspector, police chief, fire chief, City clerk, recreation director, urban renewal director;
(b)
All franchised utilities;
(c)
Uinta County School District No. 1;
(d)
Evanston housing authority;
(e)
State of Wyoming Department of Environmental Quality.
(3)
The planning office shall compile all comments and recommendations and within thirty days of the date when the application is certified complete, the planning office shall make a written report thereon. The report shall contain, among other things, an evaluation of the proposal's compliance with the policies of this code, the comprehensive plan and other City ordinances, policies and standards. Any areas of incompatibility or noncompliance with regulations, policies or standards shall be identified in the report. The planning office shall also attach a summary which reflects referral agencies' comments to its report.
C.
Planning and zoning commission review.
(1)
Within forty-five days of receipt of the complete application, the planning and zoning commission, when required by law, shall hold a public hearing to consider the application, the planning office report, any referral agency comments. The commission shall recommend for approval only those applications which it finds are in accordance with the regulations and standards of this code, the policies and intent of the comprehensive plan, and other applicable City regulations, standards and policies. The commission may recommend conditional approval, specifying the conditions or limitations on such approval. The commission may delay or table the action if it determines further information must be submitted; otherwise the commission shall make its decision based on available data.
(2)
The planning and zoning commission may approve, conditionally approve specifying the conditions or limitations on such approval, or deny the application. If an application does not automatically go to the City council for final action, the applicant or City council may request a City council review of the commission's decision. Procedures outlined in section 24-11 shall be followed when this occurs.
(3)
A final decision by the planning and zoning commission when required, shall be in writing and shall include findings of fact and conclusions of law separately stated. A copy of the decision shall be delivered or mailed to each party or his attorney of record.
D.
City council review.
(1)
Within thirty days of the planning and zoning commission decision, the City council shall, when required or when it has called an item up, and if required by law, hold a public hearing on an application. The call-up procedures (section 24-11) and the public hearing notification procedures (section 24-12) outlined in this code shall be followed.
(2)
The City council shall consider the application as submitted (however the applicant may make or agree to make the changes recommended by the planning and zoning commission in their conditional approval of an application), the planning staff's report, the planning and zoning commission recommendation of the decision and any additional evidence or testimony presented at the hearing. The City council shall approve only those applications which it finds are in accordance with the regulations and standards of this code and the policies and intent of the comprehensive plan and other applicable City regulations, standards and policies. The council may approve, conditionally approve specifying the conditions or limitations on such approval, or deny the application.
(3)
The decision of the City council shall be in writing and shall include findings of fact and conclusions of law separately stated. A copy of the decision shall be delivered or mailed to each party or his attorney of record.
E.
Limitations on approval.
(1)
Approval of a preliminary plan pursuant to section 24-7D shall not constitute acceptance or approval of details in any subsequent submissions prior to review and approval of the same.
(2)
Approval of a preliminary plan shall be valid for one year from the date of planning and zoning commission approval. If, within that time period, no required subsequent submission has been filed. The approval shall expire unless the planning and zoning commission, for good cause shown, extends the time period. When the approved preliminary plan includes a phased schedule for submittal of detailed submission, approval of detailed submissions shall also be valid for one year. If a final detailed plan has not been submitted approval shall expire unless the planning and zoning commission, for good cause shown, extends the time period.
(3)
If more than one year elapses from the approved schedule for a planned unit development (PUD) without adherence to the schedule, the City council shall review the PUD under regular notice as required by this code. If it finds the PUD fails to meet its schedule, the council may amend the schedule or may declare the PUD void and the property subject to all normal requirements of the district in which it is located.
(4)
Rezoning or conditional use applications which are made in conjunction with a PUD or subdivision application shall be granted only upon final approval of the PUD application or subdivision plat.
(5)
All approved site plans for conditional uses including any modifications and conditions thereto, shall be endorsed by the approving agency and made a permanent part of the zoning district map file. For purposes of this section, approving agency means the planning commission or the City council, whichever finally approves the application or site plan.
§ 24-11 Review of Commission decisions by the governing body.
[Amended 11-17-2009 by Ord. No. 09-06]
A.
All decisions made by the Planning Commission pursuant to Chapter 24 of the Code, except those arising out of Article XIII, may be called up for further review by the governing body of the City as provided herein.
(1)
If a decision is called up for further review, the governing body shall comply with the notice, hearing, and other requirements of § 24-10D of the City Code.
(2)
If there is no request to call up a Commission decision within the time limits set forth herein, or if the governing body denies a petition to call up a decision for further review, as provided herein, the Commission decision shall become final and shall be placed in writing by the Commission with findings of fact and conclusions of law as provided in § 24-10 C(3).
B.
To obtain review by the governing body, a person shall submit to the Planning Office a written petition to call up a Commission decision for further review within 15 days from the date of the meeting at which the Commission made the decision. The petition shall identify the decision and provide an explanation as to why the decision should be subject to further review by the governing body.
C.
If the Planning Office receives a petition to call up a decision within the time limits set forth above, it shall:
(1)
Mail a copy of the petition to call up to each party who participated in the hearing from which the Commission rendered the decision;
(2)
Prepare a written memorandum of the decision which summarizes the testimony, issues and decision made by the Commission; and
(3)
Deliver the memorandum and petition to call up to the City Clerk within 15 days from the date the Planning Office received the petition.
D.
At its next regularly scheduled meeting the governing body shall consider the petition, memorandum and oral statements and decide whether to call up the decision for further review. The governing body may accept a petition to call up a Commission decision for further review only upon the affirmative vote of at least two thirds of the members of the governing body.
§ 24-12 Public hearing notification.
For all requests under this code which require public notice, the following actions shall be taken:
A.
The property for which the action is requested shall be posted by the City at least five days before a scheduled hearing concerning the parcel posted with a sign which identifies that a special action is requested on the property. The sign shall be posted in such a way as to be clearly visible and readable to anyone passing by the property. If the property has more than three hundred feet of road frontage, additional signs for every three hundred feet shall be posted.
B.
Written notice concerning the action shall be sent by first class mail to the owners of the property a distance within three hundred feet of exterior boundaries of the property, and owners of property within the area on which action is requested not less than fifteen days before the date of the public hearing.
C.
A notice of the request shall appear in the official City newspaper at least fifteen days before the hearing stating the following:
(1)
The time, place and nature of the hearing;
(2)
The authority under which the hearing is to be held;
(3)
The particular sections of the ordinance involved; and
(4)
A short statement of the issues involved in the hearing.
D.
Costs of notification and publication shall be borne by the applicant, which shall be set annually by the City council.