With regard to procedures established in this chapter, the city planner shall have the following authority:

A.

Preapplication conferences. The city planner, or his or her designee, may conduct pre-application conferences with potential applicants. Preapplication conferences may be optional or mandatory as indicated in this chapter. Preapplication conferences shall be used to informally discuss development concepts and the standards for development under the comprehensive plan, any other plan or program of the city adopted under the comprehensive plan, and the intent, planning criteria and standards of this chapter. Preapplication conferences may also be used to formally outline the submittal requirements for a given application.

B.

Application requirements. The city planner may specify formal application requirements for all applications contained in these regulations on forms provided by the department of community development. The forms may be amended by the city planner to assist the applicant in understanding the requirements of a complete application and to insure all required information is provided.

C.

Determination of complete application. The city planner shall have the authority to make determinations regarding completeness of applications as set forth in this chapter.

D.

Review procedures. The city planner may establish internal procedures for review and consideration of development applications.

E.

Review and recommendation. The city planner, or his or her designee, shall prepare formal reports and specific recommendations on applications as specified in this chapter. The review and recommendation may take into account input of the planning staff, the comprehensive plan, any other plan or program of the city adopted under the comprehensive plan, the intent, planning criteria, and standards of this chapter, and any other relevant input or evidence.

F.

Decision. The city planner shall exercise the final decision in instances where such authority is specifically delegated to the city planner under this chapter or by a conditional use permit or planned district ordinance.

G.

Interpretation. The city planner shall make all interpretations under these regulations necessary to administer and implement the regulations.

1.

The city planner shall issue a letter of interpretation in instances where it is determined that the plain language of the regulations, when applied to a specific circumstance, could lead to more than one (1) reasonable interpretation resulting in substantively different outcomes.

2.

A letter of interpretation shall:

a.

Be made in writing to the applicant; and

b.

Be effective until:

i.

It is overruled by an appeal according to these regulations;

ii.

It is amended, altered, or repealed by a text amendment to the section of the regulations that the interpretation addressed; or

iii.

It is withdrawn for good cause.

3.

In making a letter of interpretation, the city planner shall use the following criteria:

a.

Sound professional planning practice standards and principles;

b.

The comprehensive plan and any other official plans or programs developed under the guidance of the comprehensive plan;

c.

The purposes and intent of these regulations with priority given to any specific intent statements associated with the section or provision in which the interpretation issue arose;

d.

Findings from previous staff reports; and

e.

Any resources, guides, or industry standards cited in this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08)

Final decisions of the city planner may be appealed:

A.

To the board of adjustment, as set forth in section 25-9, variances;

B.

Under a specific alternative appeal procedure, where such procedure is provided by a conditional use permit ordinance, planned district ordinance, or a specific provision of this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2013-3819, § 5, 11-21-13)