A.

Purpose . The Purpose of this chapter is to outline and summarize the specific powers of the different boards, commissions and officials as they relate to the Code. This chapter summarizes which boards, commissions and officials make recommendations and grant approvals on applications. If provisions of this chapter conflict with the provisions of any other section in Chapter II, the provisions of said sections shall control.

A.

Municipal officials are cited as having powers, which may also be administered by a designee. The ability to direct powers to a designee applies to all actions throughout this Code.

B.

If a City Planner or designee has not been appointed by the Mayor, the duties of the City Planner outlined in this code shall be the responsibility of the Administrative Official.

The City Council has the following powers, pursuant to this code:

A.

To approve, approve with conditions, or deny a Conditional Use application.

B.

To approve, approve with conditions, or deny a Zoning Map amendment and Zoning Text amendment.

C.

To approve, approve with conditions, or deny a Planned Unit Development (PUD) Conceptual Plan application and a PUD Preliminary Plan application.

D.

To hear an appeal of a Planning Commission decision on a Site Plan Review.

E.

To hear an appeal of a Planning Commission decision on a Subdivision Plat application.

F.

To hear an appeal of a Planning Commission decision on a PUD Final Plan application.

G.

To hear an appeal of a Historic District Commission decision on a Certificate of Appropriateness.

The Planning Commission has the following powers, pursuant to this Code:

A.

To make a recommendation to the City Council on a Conditional Use application.

B.

To make a recommendation to the City Council on a Zoning Map Amendment and Zoning Text amendment.

C.

To make a recommendation to the City Council on a Planned Unit Development (PUD) application.

D.

To approve, approve with conditions, or deny a Site Plan Review application.

E.

To make a recommendation to the City Council on a PUD Conceptual Plan application and a PUD Preliminary Plan application.

F.

To make a final decision on a PUD Final Plan application.

The Board of Adjustments has the following powers, pursuant to the Code:

A.

To approve, approve with conditions, or deny a Variance application.

B.

To hear an appeal of a decision by the Administrative Official on a Zoning Verification.

C.

To hear an appeal of an Administrative Decision concerning interpretation or administration of this code.

The Historic District Commission has the following powers, pursuant to the Code:

A.

To approve, approve with conditions, or deny a Certificate of Appropriateness application.

The Administrative Official has the following power, pursuant to this code:

A.

To make a final decision on a Zoning Verification application.

B.

To make a final decision on an Administrative Adjustment application.

C.

To make a final decision on Minor Subdivision applications.

The Building Official has the following power, pursuant to this code:

A.

When necessary, to inspect structures or the use of land to determine compliance with this Code and order corrective action in case of any violation.

B.

To enforce all zoning regulations and provisions imposed in conjunction with this ordinance or official process of this ordinance.

C.

To revoke, suspend, or cancel any permit that has been violated or issued in violation of this Code.

A.

General . The following requirements apply to all applications and processes in these regulations unless otherwise stated in the procedures for that specific application or process. Additional details may also be included in the specific procedure.

B.

Pre-Application Process .

1.

Optional . Before submitting an application an applicant may schedule a pre-application conference with the Administrative Official to discuss the procedures, standards and regulations required for approval. A pre-application conference is optional, except for the procedures listed below as mandatory.

2.

Mandatory . Before submitting an application an applicant must schedule a pre-application conference with the Administrative Official to discuss the procedures, standards and regulations required for approval in accordance with this Code and other City Codes.

a.

Variance.

b.

Site Plan Review.

c.

Conditional Use.

d.

Zoning Map Amendment.

e.

Zoning Text Amendment.

f.

Planned Unit Development (PUD).

g.

Major Subdivision Plat.

C.

Application Process .

1.

Initiation . Parties allowed to file an application are summarized below in Table 2.1 Application Authority. More detailed information may be included with each specific process.

a.

Initiation by Planning Commission . The Planning Commission may initiate allowed applications or requests by motion according to the rules and regulations of the Commission.

b.

Initiation by City Council . The City Council may initiate allowed applications or request by motion of an ordinance according to the rules and regulations of the City Council.

2.

Application Forms . Applications containing all information requested must be submitted on forms as required by this Code. All applications must be complete and sufficient for processing before they will be reviewed.

3.

When an application or request is initiated by the Planning Commission or City Council, a copy of the resolution shall serve as the formal application and may be supplemented by additional information.

4.

Fees . As per Article I of this code, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When and application is submitted on behalf of the City of New Roads, no fees shall be required.

5.

Complete Applications . An application is considered complete for review and consideration when the Administrative Official determines that it contains all information required by this code. A determination of completeness does not constitute an approval of the application. The Administrative Official shall notify the applicant that the application is complete or incomplete within ten (10) days of receipt.

a.

If the application is deemed incomplete the Administrative Official will not process the application until the deficiencies are remedied.

b.

Once an application is deemed complete, the application will be placed on the first available docket and/or forwarded to the appropriate official or body.

c.

An application is deemed complete if the Administrative Official fails to reject it and notify the applicant of the deficiencies within ten (10) days and it shall be docketed. However, it may not be complete for the purposes of review.

d.

The appropriate board, commission or official may also require the applicant to supplement the application with additional information.

6.

Concurrent Applications . Applications may be filed and reviewed concurrently, at the option of the applicant, however, any application that requires a variance shall not be eligible for final approval until the variance has been granted. Further, applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

7.

Modification of Application . An application may be modified at the applicants' request following the approval of the Administrative Official. Any modification after a hearing but prior to final decision shall require a new hearing.

D.

Public Notice .

1.

Public Notice Required . Required public notices are summarized in Table 2.2: Public Notice Requirements. More detailed information may be included with each specific procedure.

2.

Notice of Public Hearing. All notices for public hearing shall contain:

a.

If a public hearing is required, the date, time and place of the hearing;

b.

The section of this Code under which the subject matter of the hearing will be considered;

c.

The name of the applicant;

d.

Brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;

e.

Statement that the application and supporting materials are available for public inspections and copying at City Hall;

f.

Brief description of the appeal process;

g.

Conditional Use Only. A "reply-to" address, and instructions for submitting a formal objection.

3.

Written Notice of Public Hearing. At least ten (10) days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by U.S. Mail of the time, place and subject matter of the hearing. When more than ten (10) parcels are to be initially zoned or rezoned, no written notice is required. When a conditional use permit is applied for, this notification shall also extent to adjacent property owners of record (adjacent includes properties located within fifty (50) linear feet of the subject property boundaries).

4.

Posted Notice of Public Hearing . Posting notice shall be posted for at least ten (10) consecutive days prior to a public hearing on signs not less than 11"×17" on each block of each street adjoining the area of the proposed request. The applicant shall remove posted notices from the area no more than ten (10) days after the public hearing has been held. Posting notice shall also be located at City Hall.

5.

Published Notice of Public Hearing . Notice of the time and place of a public hearing shall be published once a week in three (3) different weeks in the official journal, if designated, or a newspaper of general circulation in the area. The first notice shall be published at least fifteen (15) days prior to hearing.

E.

Public Hearing .

1.

The public hearing shall be conducted in accordance with the rules and regulations of the body conducting the hearing. If public notice of the public hearing is required for an application or request the public hearing shall be held at the date, time, and place listed in the public notice according to Section 2.1.D

2.

Continuances . The reviewing body, in accordance with their rules or regulations may continue the public hearing. No new notice is required to reopen the hearing if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes.

If the public hearing is closed, but no final decision or action is taken by the hearing body, the hearing body may only conduct another public hearing if the future date, time, and place of the hearing is placed in the minutes and the public hearing is listed on the meeting agenda.

(Ord. No. 2018-04 , § IV, 11-13-18)