§ 9-50.060. Initial Application Review

All applications filed with the Department in compliance with this Development Code shall be initially processed as follows.

A.

Completeness review. The Director shall review all applications for completeness and accuracy before they are determined to be complete in compliance with Section 9-50.040(B) (Application contents and fee), above.

1.

Notification of applicant.

a.

No later than 30 days of the filing date of the application (as defined in Section 9-50.040(D), the City shall determine in writing whether the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided to make the application complete. The City shall immediately transmit the determination to the applicant.

b.

Failure of the Director to respond within 30 days of submittal of an application with a determination as to completeness shall be deemed a determination that the application is complete.

c.

If an applicant is notified that a submitted application is incomplete, the time used by the applicant for preparation and submittal of the required additional information shall not be considered part of the period within which the Director shall complete the determination of completeness.

d.

Submittal of the additional Director-requested information shall establish a new 30-day period for a determination of completeness.

2.

Waiver of content.

a.

The Director may find that unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for an application required by this Development Code.

b.

In these cases, the Director may waive or reduce the content requirements if it is also found that the absence of the information will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Development Code.

3.

Appeal of determination of completeness.

a.

Appeal of Director's determination.

(1)

If the Director determines that an application is incomplete, the applicant shall have the right to appeal that determination to the Commission by submitting a letter to the Commission within 14 days of the notice of incompleteness, in compliance with Chapter 9-76 (Appeals).

(2)

The applicant's letter shall clearly state the reasons why the applicant believes the application is complete.

(3)

Appeals included within this Subsection may also include appeals where it is alleged by the appellant that the Director erred in refusing to accept or process an application for failure to pay outstanding fees and charges in compliance with the City's Schedule of Service Charges. In hearing and deciding an appeal of the Director's determination, the Commission shall consider the correctness of the amount of the outstanding fee or charge, and whether the fee or charge is owed by the appellant, if the issues are raised by the appellant.

b.

The Commission shall make a decision on the appeal of the Director's determination.

c.

The applicant shall have the right to appeal the Commission's decision to the Council by submitting a letter to the City Clerk within 14 days of the Commission's decision.

d.

The Council shall make a decision on the appeal of the Commission's decision.

4.

Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 9-50.070 (Environmental Assessment), below.

5.

Application deemed withdrawn. If the applicant does not provide the additional information required in compliance with Subsection (A)(1), above, within 90 days after the date of the letter requesting the additional information, the Director may consider the application withdrawn if the Director determines that reasonable progress toward completion of the application has not occurred, unless an appeal of the Director's determination has been filed in compliance with Chapter 9-76 (Appeals). Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

6.

Violations on the site.

a.

The Director shall not find the application complete, and shall not process or approve the application, if conditions exist on the site in violation of this Development Code or any permit or other approval granted in compliance with this Development Code, except for an application for a permit or entitlement that includes correction of the violation.

b.

The Director's authority under this Subsection shall apply whether:

(1)

The current applicant was the owner of the subject property at the time the violation occurred; or

(2)

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c.

The Director's decision may be appealed in compliance with Chapter 9-76 (Appeals).

B.

Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, State, or Federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

C.

Development Advisory Committee meeting. Before an application is deemed complete by the Director, a Development Advisory Committee (DAC) meeting may be held among various governmental agencies (City Departments, Fire District, School District, Recreation and Parks District, etc.) to review the application with the applicant. This meeting may result in recommendations by affected public agencies for changes to the application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007)