§ 4-29. Preliminary plan or site plan review and approval procedure.

(a)

Content review. The developer shall submit up to 15 copies of the preliminary plan or preliminary site plan to the building official or the city council's designee for processing. Within 30 working days of receipt of class I, II, or III development plans, the building official or the city council's designee shall determine whether the plans are complete and contain all required information. If a content completeness determination is not made within the required time, the plans shall be deemed complete. The developer shall be notified immediately thereafter of the content completion status of the plans. Once the plans are determined or deemed complete, the building official or the city council's designee shall accept the plans for technical review.

(b)

Technical review.

(1)

Once accepted, the building official or the city council's designee shall have 60 days to formulate technical review comments on the development application. The developer shall be notified immediately thereafter of the technical review comments.

(2)

The developer shall have 60 days to respond to the technical review comments and submit the requested additional or revised information. Upon request by the developer, an extension of time may be granted by the building official or the city council's designee upon a showing by the developer that a good faith effort is being made to provide the additional or revised information and that additional time is required. In the event a response is not received or an extension obtained, the application shall be considered withdrawn.

(3)

Upon receipt of the additional or revised information, the building official or the city council's designee shall have 30 days to either finalize his determination or request additional information concerning the response to the technical review comments.

(4)

Upon finalization of a determination, notification of the development approval or disapproval action shall be provided by publication of the project name, developer, scope, location, and date of approval or disapproval in a newspaper of general circulation in the city. Such notice shall be published within 14 days of the final determination and shall include notice of the provisions for appeal of the development approval or disapproval established in this Land Development Code. If a determination has not been made within the required time by the building official or the city council's designee the plans shall be automatically submitted to the next available meeting of the planning and zoning board, if applicable, or the city council for action.

(5)

Notice of the development plan determination shall also be mailed to owners of property directly affected by the determination. For the purposes of this Land Development Code, persons or property owners directly affected by the determination shall be presumed to be those who own property immediately abutting the property lines of the land for which the determination was made, or who own property immediately across a street or other easement from such land. For the purposes of this Land Development Code, names and addresses of property owners shall be deemed those appearing on the latest ad valorem tax rolls of the city.

(6)

Proof of publication, mailing, and posting of the notice required above shall be placed in the project file.

(c)

City council responsible for approval or disapproval. The city council shall be responsible for approving or disapproving all developments. The building official or the city council's designee shall not approve or recommend approval of any preliminary site plan or preliminary plan until said plans satisfactorily comply with this Land Development Code and the comprehensive plan.

(d)

Determination factors . Prior to approval or disapproval, the city council shall determine whether said plans:

(1)

Meet the requirements of the land use and zoning classification applicable to the subject property;

(2)

Are consistent with this Land Development Code;

(3)

Provide design features which address the protection of the public health, safety, and welfare;

(4)

Are consistent with the goals, objectives, and policies set forth in the comprehensive plan;

(5)

Provide for necessary public improvements or facilities; and

(6)

Meet concurrency requirements established by this Land Development Code, unless specifically requested otherwise by the applicant.

(e)

Determinations to ensure compliance Such determination or recommendation shall be made by resolution and shall specify provisions, standards, conditions, or design specifications which must be met in order to ensure compliance with the standards set forth in this Land Development Code and the comprehensive plan.

(Ord. No. 05-536, § 303.04E, 12-20-2005)