A.

Withdrawal of. An applicant or petitioner for any permit, variance, nonconforming use or structure review, or zone change provided for in this title may withdraw their application at any time before hearing or before ex parte action by the commission by filing with the commission a request in writing signed by all persons who signed the original application or petition, or their successors in interest.

B.

Filing Fees and Deposits. For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this title the city council shall establish by resolution fees which shall accompany the application or petition at the time of filing with the city. The council may amend such fees at any time as it deems a change to be necessary in accordance with state law.

C.

Fee Waiver. In those instances where the city council by resolution determines it in the public interest to accept applications or petitions without filing fee, the director shall accept such applications or petitions subject to the requirements specified in said resolution.

D.

Deficiencies and Refunds of Fees and Deposits.

1.

If any application or petition is withdrawn as provided in subsection A of this section prior to publication of notice of hearing or prior to ex parte action by the commission, the city shall refund the filing fee and all deposits, if any.

2.

In the case of an application for a cemetery permit if the actual cost of publication and posting of notice is more than the amount deposited by the applicant, such applicant shall deposit the deficiency; if less the city shall refund any deposit.

3.

In all other cases there shall be no refund after the notice of hearing has been published.

E.

Accounting for Fees and Deposits. The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate.

F.

Inactive Application. An application may be deemed administratively withdrawn by staff if an applicant has not provided a formal response, revision, or is not actively pursuing the proposed project after a period of one year from the last date of formal comments by the city.

(Prior zoning ord. §§ 620—623)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Notice of. No less than 10 days prior to the date of any hearing other than a hearing on an application to grant a cemetery permit, the Director shall:

1.

Cause a copy of a notice of the time and place of such hearing to be published as follows:

a.

Hearings on general amendments to the ordinance shall be published once in a newspaper of general circulation in the city of Lancaster;

b.

Hearings on permits, variances, nonconforming uses or structure review, or zone changes shall be published once in a newspaper of general circulation in the city of Lancaster except that, conditional use permits for a rock quarry, sand, gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material shall be published in 2 newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications if made in a daily newspaper, shall be for a period of not less than 5 consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than 2 consecutive publications of such paper the first publication in either case appearing not less than 20 days before the date of the hearing;

2.

Cause a notice to be mailed by first class mail, postage prepaid, to:

a.

The applicant and all persons listed in the application or petition as owners of the property under consideration, and

b.

All persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant, and

c.

Such other persons whose property might in his judgment be affected by such application or permit;

3.

Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the Director, might be interested, requesting a report thereon;

4.

If for a revocation, also serve upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing either in the manner required by law for the service of summons, or by registered mail, postage prepaid;

5.

If the Director finds that the publication and mailing required by subsections A.1. and 2. of this section will not give sufficient notice to those persons who may be affected, he also shall post at such locations as he deems best suited to inform such persons, notices of the time and place of such hearing.

6.

For centers with two or more tenant spaces, each tenant within the center shall be notified of the public hearing notice.

B.

Continuance of. If for any reason, the testimony on any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.

C.

Notice of Action. The commission shall serve notice of its action upon:

1.

The applicant for a permit, variance, nonconforming use or structure review, or zone change, or the person owning and/or operating a use for which the revocation of a permit, variance, or nonconforming use or structure is under consideration as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and

2.

The following persons by first class mail, postage prepaid:

a.

The first 3 protestants testifying or speaking at the public hearing, except at a hearing for the revocation or modification of any permit, variance, or nonconforming use or structure,

b.

The first 3 persons testifying or speaking at a public hearing in favor of the revocation or modification of any permit, variance, or nonconforming use or structure,

c.

Any other persons testifying or speaking at a public hearing that request such notification from the chairman at the hearing.

(Prior zoning ord. §§ 631—633)

(Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Whenever an applicant or an interested citizen of the city desires to appeal to the city council an adverse determination made by a city official, board or commission he shall follow the uniform appeal procedures as outlined in Chapter 2.44 of this code. All inquiries regarding appeals shall be directed to the city clerk's office.

(Prior zoning ord. § 641)