Land use applications and application review procedures are provided to achieve the purposes of the general plan and all land use ordinances, including this title. (Ord. 2005-13, 2005)

A land use application or building permit application, as applicable, shall be required for the establishment of all uses, expansion of uses, and construction or modifications for all buildings and structures located within the city, unless exempt, as provided by the land use ordinances or building code, as adopted. All use and building permit applications shall be presented to the city on the applicable application forms provided by the city. The type of application presented is at the sole discretion of the applicant. (Ord. 2005-13, 2005)

The city council and/or city manager shall provide application forms and may identify submittal requirements and processing procedures for the acceptance and filing of all applications required by the land use ordinances and building code, as adopted. (Ord. 2005-13, 2005)

The requirements of all land use ordinances and building code, as applicable, shall apply to all uses, buildings or structures located or proposed within the city. No use, building or structure shall be commenced or occupied unless and until all necessary approvals, permits and licenses have been issued in accordance with all requirements of the land use ordinances and building code, as applicable. (Ord. 2005-13, 2005)

The procedures for any required approval, permit or license shall be initiated by submitting the appropriate land use application to the zoning administrator. (Ord. 2005-13, 2005)

Before a land use application is accepted, the zoning administrator, or his designee, shall determine if the application is complete on its face, i.e., all items listed on the application checklist have been submitted with the application. Only if the application is complete will the application be accepted for review. If the zoning administrator determines that the application is incomplete, the zoning administrator shall identify the application deficiencies and advise the applicant that no action will be taken by the land use authority, as applicable, until all application deficiencies have been corrected. (Ord. 2006-32, 2006)

(Rep. by Ord. 2006-32, 2006)

All approvals, permits or licenses may be conditioned by the land use authority, as applicable, so that no approval, permit or license is issued, or becomes effective, until all delinquent taxes and charges have been paid to the date of approval. (Ord. 2005-13, 2005)

An applicant may withdraw a land use application at any time prior to a land use authority decision on the application. Application fees shall not be refundable if either of the following has occurred:

   (1)   A review of the application by the zoning administrator or technical review committee has commenced; or

   (2)   Required notice of a public hearing or public meeting to consider the application with the land use authority has been provided. (Ord. 2006-32, 2006)

Proposed amendments to any existing approval, permit or license issued under the authority of all land use ordinances and building code shall be reviewed in accordance with the procedures established for the review of the approval, permit or license in the first instance. (Ord. 2005-13, 2005)

If a land use application is denied for failure to meet the requirements of the land use ordinances and building code, a land use application for all or any part of the same property shall not be considered by a land use authority for a period of at least one year from the date of denial, unless the subsequent land use application is substantially different from the previously denied application, the prior denial was based upon a mistake of fact, or on a motion duly passed by the city council to act immediately and identifying a valid public purpose. (Ord. 2005-13, 2005)

In order to review information relevant to an application, a land use authority, the zoning administrator and/or other city staff may enter upon any land at reasonable times to make examinations and surveys related to the application. (Ord. 2005-13, 2005)

The city council shall establish, by resolution, a fee schedule for the processing and review of all land use applications required by all land use ordinances, and designed to recover the actual or anticipated costs for the processing of the land use application. The fee schedule may be included in the city consolidated fee schedule, which schedule may be amended from time to time by resolution of the city council. The fee schedule for the processing and review of all land use applications may include a processing fee and an application fee. Fees shall not be required for land use applications initiated by a land use authority. (Ord. 2005-13, 2005)

   FIGURE 13-1

   PROCEDURE FOR DETERMINATION OF APPLICATION COMPLETENESS

 

(Ord. 2006-32, 2006)