(a)

Submittal. All zoning applications must be filed with the planning and development department. The application must be on forms provided by the city and filed in such quantity and with such submittals as required by the instructions.

(b)

Pre-application conference. Prior to formal submittal of an application, the applicant may, at their option, schedule a pre-application conference with the planning department staff. The purpose of a pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the formal application. No decision is made on the application.

(c)

Completeness.

(1)

An application must include all information, plans, data, and fees as specified in the application requirements. The planning department will examine all applications to determine completeness. If the application does not include all the submittal requirements for the application, staff will reject the application and provide the applicant with the reasons for the rejection. No further steps to review the application will be taken until all deficiencies are remedied.

(2)

After an application is determined to be complete and before action is taken on the application, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. Once the application is under consideration, additional information or revisions are not subject to this provision.

(c)

Fees. Each application must be accompanied by the required filing fee, as established and modified, from time to time, by the board. The failure to pay such fee when due is grounds for refusing to accept the application and renders the application incomplete. If an application is submitted by the board of directors or planning commission, all fee requirements are considered waived.

(d)

Withdrawal of application. An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.

(e)

Consideration of successive applications.

(1)

Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial.

(2)

If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. The planning and development director, as applicable, will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If they find that there are no new grounds for consideration of the subsequent application, the application will be summarily, and without hearing, found incomplete and no further action taken.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Required notice. Table 13-1: Zoning Approvals Required Notice indicates the types of notice required for zoning applications. If the specific requirements of a zoning approval process (Article 14) contains contradictory information to Table 13-1, the specific requirements of that process control.

^*  Appeals of Planning Commission decisions to the Board of Directors require notice as that of the original application

(b)

Published notice. When published notice is required by Table 13-1, the city will publish notice in a newspaper of general circulation within the city. The notice must include the date, time, place, and purpose of such action, the name of the applicant, and the address of the subject property. Notice must be published no less than 15 days in advance of the scheduled action.

(c)

Mailed notice.

(1)

The city will mail notice at least 15 days in advance of the first scheduled action to all property owners within 200 feet of the lot line of the subject property. The notice must include the date, time, place, and purpose of such action, the name of the applicant, and the address of the subject property.

(2)

When a zoning map amendment is proposed by the city, notification must also be mailed to the owner of the subject property.

(3)

Nothing in this section is intended to prevent the applicant or the city from giving additional notice.

(d)

Posted notice.

(1)

A sign furnished by the planning department must be prominently posted on the subject property a minimum of 15 consecutive days prior to the hearing/meeting/decision. Signs must be posted along each street frontage and any additional areas required by the city.

(2)

Signs must be maintained throughout the process until final action has been taken on the request.

(3)

The applicant is responsible for removing the sign after the final governmental action.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)