Midland City Zoning Code
ARTICLE VIII
ZONING APPLICATION SUBMITTAL AND PROCESSING PROCEDURES
§ 11-1-8.01 General application processing.
A.
Universal Application Contents.
1.
Application Forms.
The City is hereby authorized to prepare Application Forms that include information requirements, checklists, architectural or engineering drawing sizes, the Applicant's contact information, and any other information necessary to show compliance with City codes.
2.
Basic Information for All Applications.
All Applications shall contain the following information and shall be signed stating that the Applicant believes the information contained therein is true to the best of his or her knowledge:
a.
Identification of property owner and authorized agent;
b.
Description of the property and the nature of the development that is the subject of the application;
c.
Identification of all zoning classifications for the property;
d.
Identification of all pending legislative applications for the property;
e.
Identification of decisions on all quasi-judicial or administrative Applications for the property that remain in effect;
f.
Identification of all accompanying Applications;
g.
Identification of all pending or accompanying requests for relief;
h.
Demonstration of compliance with prior approved permits; and
i.
Application signed by the owner of an interest in the land subject to the Application, or the owner's designated agent.
j.
Any other information required in an Application Form.
3.
All Application Forms are available from the Planning Division Manager.
C.
Payment of all Indebtedness Attributable to the Subject Property.
1.
No Application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the City until the taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations.
2.
It shall be the Applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements have been made for payment of taxes, fees, etc. When applicable, proof of tax-exempt status shall be provided.
D.
Action by Planning Division Manager.
1.
Circulate and Compile Comments.
After the determination of completeness has been established, the Planning Division Manager shall circulate the Application to all other administrative officials and departments whose review is required for a decision on the Application and shall compile the comments and recommendations of the officials.
2.
Decision Rendered, If Applicable.
For Applications where the Planning Division Manager decides the approval or disapproval of an Application, he or she shall render a decision in the time prescribed for the applicable Application.
3.
Forward Application and Provide Notification.
a.
In cases where the Planning Division Manager does not decide an Application, the Planning Division Manager shall forward the Application for review to the appropriate board/commission or City Council, and shall prepare a report to such board or commission, or the City Council, including the compilation of any comments and recommendations by other administrative officials.
b.
If applicable, the Planning Division Manager also shall prepare required notices and schedule the Application for decision within the time (if any) and in the manner required by this Zoning Ordinance.
E.
Decision by the City.
Unless otherwise prescribed by State law, City Code, or City Charter, an Application shall be decided by majority vote of a quorum of the members of the board, commission, or the City Council.
F.
Conditions.
The City may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with applicable requirements of this Zoning Ordinance.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-8.02 Pre-application meeting.
A.
Purpose.
1.
The Pre-Application Meeting is intended to allow for the exchange of non-binding information between the Applicant and City Staff to ensure that the Applicant is aware of pertinent City development regulations and processes.
2.
The Pre-Application Meeting provides an opportunity for the Applicant and City Staff to discuss major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information.
3.
This exchange of information is intended to promote an efficient and orderly review process.
B.
Pre-Application Conference before the Submission of Plans and Applications.
1.
Prior to formal submittal of any required plan or Application, the Applicant is encouraged to consult with the Planning Division Manager, the Building Official, and any other pertinent City Staff in order for the Applicant to become familiar with the City's development regulations and the development process.
2.
At the Pre-Application Meeting, the Applicant may be represented by his/her land planner, engineer, surveyor, or other qualified professional.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-8.03 Complete applications.
A.
Applicability.
The following procedures shall apply to any zoning related plan or Application that is required by the City and is submitted in accordance with this Zoning Ordinance.
B.
Determination of Completeness for Zoning Related Applications.
Every required Application shall be subject to a determination of completeness by the Planning Division Manager for processing the Application.
1.
Acceptance Standards.
The Application shall only be accepted by the Planning Division Manager for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Zoning Ordinance. A typographical error shall not, by itself, constitute an incomplete Application.
2.
Acceptance shall not Constitute Compliance.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Zoning Ordinance.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)