Land Development Code :: Back to Table of Contents

Section 1203.01    General Provisions

The following general provisions shall apply to all applications under this land development code:

  1. Authority to File Applications
    An application for development review or approval under this Code shall be filed by
    the person having legal authority to take action in accordance with the approval
    sought. The person is presumed to be the record owner, purchaser under a sale, or
    the duly authorized agent of the record owner in the absence of satisfactory proof to
    the contrary. The City Council or Planning Commission may initiate code
    amendment action under this Code with or without an application from property
    owner(s) who may be affected.

  2. Applications
    Applications required under this Chapter shall be submitted on forms provided by the
    City Manager in such numbers as required by the City Manager. Applications shall
    be accompanied by a non-refundable fee established by the City Council to defray
    the costs of processing applications and by any required escrow funds.

  3. Incomplete Applications or Insufficient Fees
    Applications shall be reviewed for completeness within seven (7) days of filing. If
    the City Manager determines that the application is complete, the application shall
    then be processed. If the City Manager determines that it is incomplete, he shall
    return the application to the applicant as incomplete and specify the specific ways in
    which the application is deficient. No further processing of the incomplete
    application shall occur until the deficiencies are corrected. Any application that is not
    accompanied by the required fee shall be found incomplete. Fees shall not be
    required with applications initiated by the Planning Commission, City Council, or
    City department heads.

  4. Required Times for Action and Inaction
    Whenever the provisions of this Chapter require that reviewers or decision-makers
    take action on an application within a specified period of time and such action is not
    taken within that time-frame, such inaction shall be deemed a denial of the
    application unless the applicant agrees to an extension of the time period.

  5. Concurrent Review or Joint Applications
    At the election of the applicant and with the concurrence of the City Manager,
    applications for different types of development approvals may be processed
    concurrently whenever possible to expedite total review and processing time for a
    project. Alternately, an applicant may consolidate an application for site plan
    approval with an application for subdivision plan approval, conditional use approval,
    variances, or modifications, provided that such joint or consolidated application shall
    be submitted in a form that satisfies the site plan requirements of this Code and the
    provisions, as applicable, governing subdivisions, conditional uses, variances, or
    modifications. The time frame and approval process for a consolidated application
    shall follow the longest time frame and approval process required from among the
    combined application types.

  6. Application Processing Schedule
    The City Manager, after consulting with the Planning Commission and City Council,
    may from time to time promulgate a processing schedule for each type of application.
    Each promulgated processing schedule shall include:
    1. Dates of regular meetings of the reviewing bodies and decision-makers;
    2. The deadline for receipt of a complete application for consideration of such
      application at a particular meeting;
    3. The scheduling of staff reviewing and staff reports on complete applications;
    4. All necessary steps in the application process (including hearings, decision
      meetings, and review by other bodies); and
    5. The publication of required notices of hearings.
    6. Mailed notice to adjacent property owners.

  7. Permitted Scope of Action by Decision-Makers
    The body holding the hearing may take any action on the application that is
    consistent with the notice given, including approving the application, approving the
    application with reasonable conditions, or denying the application. The reviewing
    body may impose conditions on the application or allow amendments to the
    application if the effect of the conditions or amendments is:
    1. To reduce the impact of the development; or
    2. To reduce the amount of land area included in the application.

      The review body may not approve a greater density of development, a more intensive
      use, or a more intensive zoning classification than what was indicated in the notice.

  8. Continuation of Hearings
    A hearing for which proper notice was given may be continued to a later date without
    again complying with the notice requirements of this Chapter, provided that the
    continued hearing is set for a certain date and time.

  9.  Extension of Time Limits
    1. Any decision-making body shall have the discretion to extend the time
      periods set forth in this Chapter for review and final decision on a
      development application upon a finding that the projected size, complexity,
      anticipated impacts, or other factors associated with the proposed
      development clearly justify such extension of time. Only one such extension,
      up to a maximum of sixty (60) days, shall be granted.
    2. Any other extension of the time periods for review and action specified in
      this Chapter may be extended only if the applicant agrees in writing to an
      extension of time.

  10. Submittal Requirements
    A schedule of submittal requirements for each type of development application is set
    forth in Appendix A to this Code. The schedule of submittal requirements shall be
    reviewed annually and shall be adjusted by resolution, if necessary, by City Council.