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Richfield City Zoning Code

17.09 Land

Use Applications And Procedures

17.09.010 Purpose

Land Use Applications and Application review procedures are provided to achieve the purposes of the General Plan, the City’s Land Use Ordinances, including this  Ordinance, and to promote efficient and well-reasoned decision-making.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.020 Applicability

A Land Use Application or Building Permit Application, as applicable, shall be required for the establishment of all uses and activities, the expansion of uses, and construction or modifications for all buildings and structures located within the City, unless exempt, as provided by the Land Use Ordinances or Building Codes, as adopted. All Land Use Applications and Building Permit Applications shall be presented to the City on the applicable Application Form, provided by the City’s Zoning Administrator or Building Official. The type of Application presented shall be at the sole discretion of the Applicant.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.030 Application Forms And Procedures

The Zoning Administrator shall provide Application Forms and the Council and/or Zoning Administrator may identify Application requirements and processing procedures for the acceptance and filing of all Applications required by this Ordinance, and the City's other Land Use Ordinances and Building Codes, as adopted.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.040 Permits Required

No use, activity, building, or structure shall be commenced or occupied unless and until all necessary approvals, permits, and licenses have been issued in accordance with all requirements of the Land Use Ordinances and Building Codes.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.050 Development Application - Initiation

The review procedures for an Application shall be initiated by submitting the appropriate Land Use Application to the Zoning Administrator.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.060 Determination Of Application Completeness

Within thirty (30) calendar days of a Land Use Application being filed in the Office of the City Recorder, and prior to the Land Use Application being scheduled with the DRC and/or Land Use Authority, as applicable, the Zoning Administrator shall determine and find that the Land Use Application is complete, contains all the required Application materials, and verify that all applicable Application fees have been paid. The Zoning Administrator shall notify the Applicant, in writing, of the result of such determination. Following a Determination of a Complete Land Use Application by the Zoning Administrator review of the Application shall be scheduled by the DRC, as necessary, in preparation of consideration by the Land Use Authority, as applicable, complying with all notice requirements of 17.06 herein.

  1. A Land Use Application lacking any of the required Land Use Application materials shall be determined Incomplete by the Zoning Administrator. For all Land Use Applications determined to be Incomplete, the requirements of 17.09.070 shall apply.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.070 Determination Of An Incomplete Land Use Application

  1. The lack of any materials required for a complete Land Use Application shall be cause for the Zoning Administrator to determine the Land Use Application as incomplete.
  2. A determination of an incomplete application shall prohibit the Zoning Administrator from presenting the Land Use Application for review, as necessary, and shall prohibit the Land Use Authority from considering any material, items, or other information related to the Application.
  3. Following a determination of an Incomplete Land Use Application by the Zoning Administrator, the Zoning Administrator shall notify the Applicant, in writing, of the information lacking from the Land Use Application. The Zoning Administrator shall allow a minimum of thirty (30) calendar days, from the date of notification of an Incomplete Land Use Application, for the Applicant to provide the required information to the City. If the Land Use Application remains incomplete after thirty (30) calendar days from the date of notification, the Zoning Administrator shall return the entire Incomplete Application to the Applicant.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.080 Appeal Of A Determination Of Application Completeness Decision By The Zoning Administrator

Any person aggrieved by a decision of the Zoning Administrator related to a Determination of Application Completeness may appeal the decision to the Commission.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.090 Payment Of Taxes And Charges Required

All approvals, permits, or licenses may be conditioned by the Land Use Authority, as applicable, so that no approval, permit, or license is issued, or becomes effective, until all delinquent taxes and charges have been paid to the date of approval.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.100 Withdrawal Of Application

An Applicant may withdraw a Land Use Application at any time prior to a Land Use Authority decision on the Application. Application fees shall not be refundable if prior to withdrawal:

  1. A review of the application by the City has commenced; or;
  2. Required notice of a public hearing or public meeting to consider the Application with the Land Use Authority has been provided.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.110 Amendment Of An Existing Approval

Amendments to any existing approval, permit, or license issued by the City shall be reviewed in accordance with the procedures established for the initial review of the approval, permit, or license.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.120 Reapplication Following Application Denial

If a Land Use Application is denied for failure to meet the requirements of the Land Use Ordinances, including this Ordinance, and the adopted Building Codes, a Land Use Application for all or any part of the same property shall not be considered by a Land Use Authority for a period of at least one (1) year from the date of denial, unless the subsequent Land Use Application is substantially different from the previously denied Application, the prior denial was based upon a mistake of fact, or on a motion duly passed by the Council to act immediately and identifying a valid public purpose to reconsider the Land Use Application.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.130 Entrance Upon Land As Provided By The Act

An official or employee of the City may enter upon any land at reasonable times to make examinations and surveys pertinent to the:

  1. Preparation of the City’s General Plan; or
  2. Preparation or enforcement of the City’s Land Use Ordinances, including this Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.09.140 Fees

The Council shall establish a fee schedule for the processing and review of all Land Use Applications required by the City’s Land Use Ordinances, and designed to recover the actual or anticipated costs for the review and processing of the Land Use Application. The fee schedule may be amended from time to time by the Council. Land Use Application fees shall not be required for a Land Use Application initiated by a Land Use Authority.

HISTORY:

Ord. 2024-6, 4/23/2024