(a)

The use made of property may not be substantially changed (see Section 119), substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

(1)

A zoning permit approved by the administrator.

(2)

A special-use permit approved by the Board of Adjustment.

(3)

A Long Beach Planning and Development Commission approval permit approved by the Long Beach Planning and Development Commission.

(b)

Zoning permits, special-use permits and Long Beach Planning and Development Commission approval permits are issued under this ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 53, all development shall occur strictly in accordance with such approved plans and applications.

(c)

A zoning permit, Long Beach Planning and Development Commission approval permit, or special-use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the City.

Issuance of a Long Beach Planning and Development Commission approval, special-use, or zoning permit authorizes recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided herein, the intended use may not be commenced, no building may be occupied, until all of the requirements of this ordinance and all additional requirements imposed pursuant to the issuance of a conditional-use or special-use permit have been complied with.

(a)

Applications for zoning, special-use, or Long Beach Planning and Development Commission approval permits will be accepted only from persons having the legal authority to take action in accordance with the permit. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this ordinance, or the agents of such persons (who may make application in the name of such owners or lessees).

(b)

The City may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection (a) whenever there appears to be a reasonable basis for questioning this authority.

(a)

All applications for zoning, special-use, or Long Beach Planning and Development Commission approval must be complete before the City is required to consider the application.

(b)

Subject to Subsection (c), an application is complete when it contains all of the information that is necessary for the City to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this ordinance.

(c)

It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the City to evaluate the application in the light of the substantive requirements set forth in this text of this ordinance. However, whenever this ordinance requires a certain element of a development to be constructed, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the City. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VII.

(d)

The presumption established by this ordinance is that all of the information set forth is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the City may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Long Beach Planning and Development Commission or board of adjustment, the applicant may rely in the first instance on the recommendations of the administrator as to whether more or less information than that set forth should be submitted.

(e)

The City shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted.

(a)

To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.

(b)

Before submitting an application for any permit, developers are strongly encouraged to consult with the planning staff concerning the application of this ordinance to the proposed development.

(a)

Upon receipt of a formal application for a zoning, special-use, or Long Beach Planning and Development Commission approval permit, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staffs interpretation of the applicable requirements of this ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

(b)

If the application is for a special-use or Long Beach Planning and Development Commission approval permit, the administrator shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he intends to make it. However, as provided herein, if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis.

(c)

The administrator shall forward commercial development plans to the Long Beach Planning and Development Commission for site plan review at his discretion. The Long Beach Planning and Development Commission, at their discretion, may elect to place the project on the next monthly agenda for full Long Beach Planning and Development Commission review of the project layout. If the Long Beach Planning and Development Commission elects to have full review, the applicant shall provide a site plan for development along with a construction timetable for said development. The site plan shall include, as a minimum, the following data to insure [ensure] the proposed development conforms to this ordinance.

(1)

Show the location of all improvements and facilities.

(2)

Photographs, artist renderings or other visual documents that will assist the City in establishing compatibility.

(3)

Information relative to the number of employees, visitors expected (daily, monthly), peak traffic times and days and hours of operation.

(4)

Parking layout and size, landscaping, lighting and any off-site improvements.

(5)

Expected access routes to and from site.

(6)

Expected infrastructure improvements such as water, natural gas, electricity, drainage and sewerage.

(7)

Proof of ownership or contractual lease.

(8)

Other requirements as may be deemed necessary, appropriate and in the interest of the public health, safety and welfare.

(a)

A completed application form for a zoning permit shall be submitted to the City by filing a copy of the application with the planning department.

(b)

The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant as provided in Section 38, that:

(1)

The requested permit is not within his jurisdiction according to the Table of Permissible Uses;

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this ordinance (not including those requirements concerning which a variance has been granted or the applicant is not required to comply with under the circumstances specified in Article VIII, Nonconforming Situations).

In cases when, because of weather conditions or other factors beyond the control of the zoning-permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning-permit recipient to comply with all of the requirements of this ordinance prior to commencing the intended use of the property or occupying any buildings, the administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Mayor and Board of Aldermen to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the City.

(a)

An application for a special-use shall be submitted to the City by filing a copy of the application with the planning department.

(b)

Subject to Subsection (c), the Board of Adjustment shall approve the requested permit unless it concludes, based upon the information submitted at the hearing, that:

(1)

The requested permit is not within its jurisdiction according to the Table of Permissible Uses;

(2)

The application is incomplete;

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this ordinance (not including those the applicant is not required to comply with under the circumstances specified in Article VIII, Nonconforming Situations); or

(c)

Even if the board finds that the application complies with all other provisions of this ordinance, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1)

Will materially endanger the public health or safety;

(2)

Will substantially injure the value of adjoining or abutting property;

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not be in general conformity with the land-use plan, thoroughfare plan, or other plans officially adopted by the Mayor and Board of Aldermen.

(a)

The burden of presenting a complete application (as described Section 38) to the City shall be upon the applicant. However, unless the city informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing); the application shall be presumed to be complete.

(b)

Once a completed application has been submitted, the burden of presenting evidence to the board sufficient to lead it to conclude that the application should be denied for any reasons stated in Subsections 43(b)(1), 43(b)(3) or 43(c) shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.

(c)

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Subsection 43(c) rests on the party or parties urging that the requested permit should be denied.

(a)

When presented to the Board of Adjustment at the hearing, the application for a special-use permit may be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 38 (Application To Be Complete) and the other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment.

(b)

If the staff proposes a finding or conclusion that the application fails to comply with Section 37 or any other requirement of this ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(c)

The Board of Adjustment may, by general rule applicable on a case-by-case basis, refer applications to the Long Beach Planning and Development Commission to obtain its recommendations.

(a)

Before being presented to the Board of Aldermen, an application for a Long Beach Planning and Development Commission approval permit shall be referred to the Long Beach Planning and Development Commission for action in accordance with this section. No action on a Long Beach Planning and Development Commission approval permit application shall be taken until the Long Beach Planning and Development Commission has had an opportunity to consider the application pursuant to standard agenda procedures.

(b)

When presented to the board of adjustment, the application may be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 38 and other requirements of this ordinance, as well as any recommendations for additional requirements to be imposed by the board of adjustment. If the planning staff report proposes a finding or conclusion that the application fails to comply with Section 38 or any other requirement of this ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(c)

The Long Beach Planning and Development Commission shall consider the application and any attached report and shall find that it complies with Section 40(c) prior to recommending to the Mayor and Board of Aldermen.

(d)

After reviewing the application, the Long Beach Planning and Development Commission shall report to the Board of Aldermen its recommendations and the reasons therefore.

(e)

In response to the board of adjustment's recommendations, the applicant may modify his application prior to submission to the Board of Aldermen, and the planning staff may likewise revise its recommendations.

In considering whether to approve an application for a Long Beach Planning and Development Commission approval permit, the Board of Aldermen shall proceed according to the following format:

(1)

The Board of Aldermen shall consider whether the application is complete. If no member moves that the application is found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the Board of Aldermen that the application is complete.

(2)

The Board of Aldermen shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes, the Board of Aldermen need not make further findings concerning such requirements. If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this ordinance. Such a motion shall specify the particular requirements the application fails to meet.

In considering whether to approve an application for a special-use permit, the Long Beach Planning and Development Commission shall proceed in the same manner as the Board of Aldermen when considering Long Beach Planning and Development Commission approval permit applications (Section 47).

(1)

The Commission shall consider whether the application is complete. If the Commission concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete.

(2)

The Commission shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes by the necessary majority vote, the Commission need not make further findings concerning such requirements. If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the application be found not in compliance with one or more requirements of this ordinance. Such a motion shall specify the particular requirements application fails to meet. A separate vote may be taken respect to each requirement not met by the application.

(a)

Subject to Subsection (b), in granting a special or conditional permit, the Board of Adjustment or Long Beach Planning and Development Commission, respectively, may attach to the permit such reasonable requirements in addition to those specified in this ordinance to ensure that the development in its proposed location:

(1)

Will not endanger the public health or safety;

(2)

Will not injure the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located; and

(4)

Will be in conformity with the land-use plan, thoroughfare plan or other plan officially adopted by the Board of Aldermen.

(b)

The city may not attach additional conditions that modify or alter the specific requirements set forth in this ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

(c)

Without limiting the foregoing, the board may attach to a permit a condition limiting the permit to a specified duration.

(d)

All additional conditions or requirements shall be entered on the permit.

(e)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this ordinance.

(f)

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Subsections 43(b) or (c).

(a)

In cases when, because of weather conditions or other factors beyond the control of the special-use or Long Beach Planning and Development Commission approval permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property or occupying any buildings the city may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the city to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).

(b)

When the city imposes additional requirements upon the permit recipient in accordance with Section 48 or when the developer proposes in the plans submitted to install amenities beyond those required by this ordinance, the city may authorize the applicant to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of anyone or more of the following:

(1)

A performance bond or other security satisfactory to the city is furnished;

(2)

A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made;

(c)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 79 (Penalties and Remedies for Violations) and Section 80 (Permit Revocation).

(a)

If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection (c), the provisions of Section 36 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 50 (exceptions to Section 36) shall apply to each phase as if it were the entire development.

(b)

As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance that will be satisfied with respect to each phase or stage.

(c)

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the city, no land may be used, no buildings may be occupied except in accordance with the schedule approved as part of the permit, provided that:

(1)

If the improvement is one required by this ordinance, then the developer may utilize the provisions of Subsections 50(a) or 50(c);

(2)

If the improvement is an amenity not required by this ordinance or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of Subsection 49(b).

(a)

Zoning, special-use and Long Beach Planning and Development Commission approval permits shall expire automatically if, within six months after the issuance of such permits:

(1)

The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

(2)

Less than 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 51) this requirement shall apply to each phase of the development.

(b)

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 53.

(c)

The city may extend for a period up to six months the date when a permit would otherwise expire pursuant to Subsections (a) or (b) if it concludes:

(1)

the permit has not yet expired;

(2)

the permit recipient has proceeded with due diligence and in good faith; and

(3)

conditions have not changed so substantially as to warrant a new application.

Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

(d)

For purposes of this section, the permit within the jurisdiction of the Board of Aldermen or the Board of Adjustment is issued when such board votes to approve the application and issue the permit. A permit within the jurisdiction of the zoning administrator is issued when the earlier of the following takes place:

(1)

A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant; or

(2)

The zoning administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required under law.

(e)

Notwithstanding any of the provisions of Article VIII (Nonconforming Situations), this section shall be applicable to permits issued prior to the date this section becomes effective.

(a)

Zoning, special-use and Long Beach Planning and Development Commission approval permits authorize the applicant to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

(1)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

(2)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice of the existence of the permit at the time they acquired their interest.

(a)

Insignificant deviations from the permit (including approved plan) issued by the Board of Aldermen, the Board of Adjustment, or the administrator are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(b)

Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the city. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(c)

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Aldermen or Board of Adjustment, new conditions may be imposed in accordance with Section 49, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(d)

The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (a), (b), and (c).

(e)

A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(a)

Whenever (i) the Board of Aldermen disapproves a Long Beach Planning and Development Commission approval permit application, or (ii) the Board of Adjustment disapproves an application for a special-use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed; or

(2)

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the city within the time period for an appeal.

(b)

Notwithstanding Subsection (a), the Board of Aldermen or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this ordinance.

The recipient of any zoning, special-use and Long Beach Planning and Development Commission approval, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.