Peculiar City Zoning Code
ARTICLE XI
Review and Approval Procedures
Section 400.2100 Procedures Generally.
[Ord. No. 111808 §1(400-1100), 11-18-2008]
A.
No development or development activity shall be permitted unless all development approvals applicable to the proposed development are issued in accordance with this code. Development approvals are required for all development, unless otherwise provided for in this code, to ensure compliance with the various adopted codes, standards and laws and to ensure consistency with the Comprehensive Plan and policies of the City. This Article describes procedural elements for the review and approval of applications under this code. Generally, the procedures for all applications have five (5) common elements:
1.
Preapplication meeting between the applicant and City Planner;
2.
Submittal of a complete application, including required fee payments and appropriate information and studies;
3.
Review of the submittal by appropriate staff, agencies, Commission and Board;
4.
A decision to approve, approve with conditions or deny together with the description of the actions authorized and the time period for exercising rights; and
5.
Recording the decision and, where necessary, submittal of revised final documents.
Section 400.2110 Applicability.
[Ord. No. 111808 §1(400-1101), 11-18-2008; Ord. No. 07012013A, 7-1-2013]
A.
The review and approval procedures contained in this Article shall be applicable, unless otherwise provided for in this Code, to the following application types:
1.
Change to the text of this Code;
2.
Change to the Official Zoning Map;
3.
Approval of a development plan within a "C-P" Planned Business District;
4.
Amendment of an approved development plan within a "C-P" Planned Business District;
5.
Approval of a special permit; and
6.
Amendment of a special permit not authorized by the City Planner.
Section 400.2120 Preapplication Meeting.
[Ord. No. 111808 §1(400-1102.1 — 2), 11-18-2008]
A.
In order to conserve time, effort and expense, an applicant for development approval shall consult with the City Planner prior to the submittal of an application. The purpose of this preapplication meeting is to allow the applicant and the City Planner to meet to discuss the procedures for processing the application, determine the applicable ordinances or regulations, discuss the character of the proposed development, adequacy of public facilities, required minimum improvements and alert the applicant to any potential problems with the location or design of the proposed development. During this meeting, the subdivider and City Planner will also discuss the required public participation meeting process, if applicable.
1.
Preapplication materials. A sketch plan shall be presented to the City Planner at the time of the preapplication meeting. The sketch plan shall be prepared in accordance with and shall provide the information described in the requirements for the particular application.
2.
Preapplication review.
a.
After receipt of a sketch plan, the City Planner and other staff directly concerned with the application proposal shall review the sketch plan. The City Planner shall prepare a summary of any findings or recommendations.
b.
Within thirty (30) days after receipt of a sketch plan, the City Planner shall provide the applicant with a written summary of any findings or recommendations. One (1) copy of the sketch plan and written summary shall be maintained in the records of the City Planner.
c.
A sketch plan shall not be formally approved or denied and is not binding upon either the applicant or the City.
Section 400.2130 Application Submittal and Review.
[Ord. No. 111808 §1(400-1103.1 — 2), 11-18-2008]
A.
After the requirements for a preapplication meeting have been met, the applicant shall prepare and submit twenty (20) copies of the application for review and recommendation by staff. The application submittal shall be prepared in accordance with and shall provide the information described in the requirements for the particular application as set forth elsewhere in this code. The required application fee shall be submitted with the application.
1.
Completeness review, scheduling.
a.
No application is complete unless a completed application form, all required drawings, descriptions and other information has been submitted and all applicable fees have been paid. The City Planner shall determine whether the application is complete.
b.
When an application, together with all submitted material, is determined to be incomplete, the City Planner shall, within thirty (30) days of the application submittal, notify the applicant in writing of any additional information required. The applicant may resubmit the application with all additional information required by the City Planner.
c.
When an application is determined to be complete, the City Planner shall schedule the application on a Commission agenda no later than sixty (60) days following the date the application was determined complete.
2.
Staff review and recommendation.
a.
The City Planner shall distribute copies of the application and accompanying material to other City departments and governmental agencies who are directly concerned with the proposed development.
b.
Each department or agency shall, within twenty (20) days from receipt of a copy of the application materials, file with the City Planner its approval of said application or a report indicating in what manner such application does not conform to the requirements of this code and all other rules, regulations and standards adopted by the City over which such department or agency has administrative responsibility.
c.
The City Planner shall receive comments from other City departments and governmental agencies and prepare a staff report summarizing staff findings and making a staff recommendation. Such report shall be forwarded to the Planning Commission for review.
Section 400.2140 Action By Planning Commission.
[Ord. No. 111808 §1(400-1104), 11-18-2008]
A.
The Commission shall, within sixty (60) days after an application is determined to be complete and after giving notice as provided herein, hold a public hearing on the application and proposed development. Said public hearing may be adjourned from time to time; however, within fifteen (15) days after the conclusion of said public hearing, the Commission shall prepare and transmit to the Board their specific findings of fact, together with a record of the hearing thereon, with respect to the extent to which the application complies with this code, together with its recommendation in respect to the action to be taken on the application.
1.
If, after public hearing, the Commission finds the application complies with the requirements of this code, it shall recommend approval of the application.
2.
If a City department or other governmental agency which is directly concerned with the proposed application failed to file with the City Planner its approval of or a report on the application, the Commission may withhold its action on the application until such department or agency provides its report. If such department or agency fails to provide their report prior to the next regularly scheduled Commission meeting, they shall be deemed to have recommended approval of the application.
3.
If, after public hearing, the Commission finds the application does not satisfy the requirements of this code, it shall specify in writing in the minutes of the hearing the objections to the application. The Commission may recommend denial of the application or may recommend approval of the application with amendments, conditions or restrictions which will remove the objections and bring the application into compliance with this code.
Section 400.2150 Action By Board of Aldermen.
[Ord. No. 111808 §1(400-1105), 11-18-2008]
A.
Upon receipt of the recommendations of the Commission concerning an application, the Board shall, within thirty (30) days, consider the application, recommendations of the Commission and any public input submitted. The Board may approve or modify the recommendations of the Commission and may approve the application with or without amendments, conditions or restrictions or may deny the application.
1.
If, after public hearing, the Board finds the application complies with the requirements of this code, it shall approve the application. The Board may also grant conditional approval of the application by accepting any or all of the Commission's conditions and may impose any other conditions it deems reasonable and necessary to fulfill the intent and purpose of this code.
2.
If, after public hearing, the Board finds the application does not satisfy the requirements of this code, it shall specify in writing in the minutes of the hearing the objections to the application. The Board may deny the application or may approve the application with amendments, conditions or restrictions which will remove the objections and bring the application into compliance with this code.
Section 400.2160 through Section 400.2180. (Reserved) [1]
[1]
Editor’s Note: Former Section 400.2160, Action by Board of Aldermen on Map Amendment, as adopted and amended by Ord. No. 111808 §1(400-1106), 11-18-2008; former Section 400.2170, Application for Map Change – Protest, as adopted and amended by Ord. No. 111808 §1(400-1107), 11-18-2008; and former Section 400.2180, Application for "PUD" – Protest, as adopted and amended by Ord. No. 111808 §1(400-1108), 11-18-2008, were repealed 7-1-2013 by Ord. No. 07012013A.
Section 400.2190 Neighborhood Meeting Required For Certain Applications.
[Ord. No. 111808 §1(400-1109), 11-18-2008]
A.
Applications for development approval within the "C-P" Planned Business District shall be required to complete a public participation meeting prior to the initial Planning Commission public hearing. Failure of an applicant to timely complete this meeting may delay the initial public hearing of the Planning Commission.
[Ord. No. 07012013A, 7-1-2013]
B.
During the preapplication meeting on a sketch plan, the applicant and City Planner will discuss the public participation meeting requirements.
C.
Prior to the scheduling of the initial Planning Commission public hearing, the subdivider shall send a courtesy notification via regular U.S. mail to the owners of record of all property located within three hundred (300) feet of the boundaries of the proposed development.
D.
The public participation meeting notice shall briefly describe the proposed development, including the number and type of dwelling units, amount of commercial and/or industrial square footage and amount of open space or parkland to be dedicated to the public. The notice shall also provide an opportunity for neighbors in the general proximity of the proposed development to meet with and confer with the applicant and attempt to resolve any issues that may impact them.
E.
The applicant shall hold a meeting with the neighbors to discuss the proposed development prior to the initial Planning Commission public hearing. This meeting shall be held at a reasonable time of day and at a location generally convenient to the neighbors.
F.
After the meeting, the applicant shall prepare a written summary of the general content of the meeting, outlining any concerns or issues raised by attendees, the applicant's response and any actions taken to lessen or mitigate them and any issues that remain unresolved. This written summary shall be filed with the City Planner at least fifteen (15) days prior to the initial scheduled Planning Commission public hearing.
Section 400.2200 Notice, Public Hearings.
[Ord. No. 111808 §1(400-1110), 11-18-2008; Ord. No. 10172022B, 10-17-2022]
A.
Public hearings required to be held by the Planning Commission or Board of Aldermen under this Code shall not be held until notice thereof has been given in compliance with the following provisions:
1.
At least fifteen (15) days' notice of the time and place of such hearing shall be published in the official newspaper or a newspaper of general circulation in the community. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district or of the nature of a special permit application. When such proposed amendment is a change in the boundary or classification of any zone or district or the application is for a special permit, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.
2.
The applicant shall post a sign, furnished by the City, along each road frontage in a conspicuous place on the property upon which action is pending. Notice shall be posted at least fifteen (15) days prior to the date of the public hearing. The sign shall be placed within five (5) feet of the right-of-way line in a central position on the property and placed so the sign is clearly visible from the street. The applicant shall make a good faith effort to maintain the sign on the property. The sign shall be removed and returned to the City in reasonable condition within five (5) days of the date of final action by the Board of Aldermen.
3.
In the case of an application for a map amendment, the City shall also prepare and mail letters to be delivered by regular US Mail to all property owners within three hundred (300) feet of the boundaries of the property for which the zoning change is requested at least fifteen (15) days prior to the date of the hearing advising them of the date and place of the hearing and the nature and purpose of the hearing.
B.
Public hearings shall be conducted, and a record of the proceedings shall be preserved in such manner and according to such procedures as the Commission and Board may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Commission or Board may request a report on any proposed amendment from any City department, governmental official or agency or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in City Hall at least three (3) working days before the date set for the public hearing.