§ 40-841. Development permit.

(a)

Required. A development permit shall be required for any proposed use of lands or buildings, and before any improvement, grading or alteration of lands or buildings commences to indicate and ensure compliance with all provisions of this chapter and other applicable regulations in this Code. Such development activities include, but are not limited to, clearing and grubbing, grading or land disturbance, and the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property.

(b)

Separate requirements for phased applications. If the tract is to be developed in phases, then a separate development permit shall be required for each phase.

(c)

Application. No person shall conduct any land-disturbing or development activity within the City without first applying for and obtaining a development permit from the Zoning Administrator to perform such activity.

(d)

Application requirements. Applications shall be made in accordance with application requirements specified by the Zoning Administrator and this section. The application shall be checked for completeness at the time of submission. Incomplete applications will not be processed and will be returned to the applicant. All applications for a development permit shall be made to the Zoning Administrator and shall be accompanied by the following:

(1)

Application on the form furnished by the Zoning Administrator.

(2)

A fee as established by resolution of the City Council.

(3)

A copy of the approved preliminary plat, if subdivision is required and preliminary plat approval has been obtained, or an application for preliminary plat approval if required.

(4)

A sufficient number (as approved by the Zoning Administrator) of sets of plans drawn to scale, signed and stamped by one or more qualified professionals who have authority to produce such plans or portions thereof, with addresses and contact information.

(5)

Plans requiring or involving stormwater management facilities shall require the submittal of plans containing information specified in the City stormwater management ordinance (article VI of chapter 36). Approval of a development permit containing information and requirements of article VI of chapter 36 shall constitute approval of the permit required by that chapter.

(6)

Plans involving land within a floodplain or flood hazard area shall require the submittal of plans containing information specified in the city flood damage prevention ordinance (article II of chapter 14). Approval of a development permit containing information and requirements of article II of chapter 14 shall constitute approval of the permit required by that chapter.

(7)

Plans requiring a land disturbance permit shall require the submittal of plans containing information specified in the city soil erosion, sedimentation and pollution control ordinance (article III of chapter 14) unless specifically exempted by the Zoning Administrator from the submission of plans in accordance with the article. Approval of a development permit containing information and requirements of article III of chapter 14 shall constitute approval of the permit required by that article, subject to other applicable agency approvals required by the article.

(8)

Plans involving land within a wetland shall require the submittal of plans containing information specified in the city wetlands protection ordinance (article IV of chapter 14).

(9)

Plans shall demonstrate compliance as applicable with the city tree ordinance (chapter 38) as well as Tree Maintenance Guidelines and Standards as applicable.

(10)

For subdivisions or other major developments, Development permit applications shall require the submission of plans and information specified in the city subdivision and land development ordinance (chapter 30) and shall demonstrate compliance therewith.

(e)

Relationship to plat approval. An application for preliminary plat approval, when required by the subdivision and land development ordinance (chapter 30), may be processed independently of, or in conjunction with, an application for issuance of a development permit. Applicants are cautioned, however, that the preliminary plat approval is discretionary with regard to compliance with the comprehensive plan and design requirements, and therefore, proceeding simultaneously with preliminary plat and development permit applications may result in the revision of engineering plans if the layout of the preliminary plat of the proposed subdivision must be modified.

(f)

Relationship to site and design plan review. It is anticipated and expected that applicants will proceed more or less simultaneously in pursuing site and design plan approval as required by article XI of this chapter; however, no development permit shall be approved until site and design plan review, if required, is accomplished. A development permit applicant, if not ready to submit architectural details for buildings or structures, may at his discretion divide the site and design plan review application process into a site application and building application, and seek only the site plan portion of the approval process required by article XI of this chapter, which shall be required to issue a development permit.

(g)

Agency and zoning administrator review. The Zoning Administrator shall forward a copy of the development permit application, including the civil plans and drawings for the project, to other city departments and government agencies or others as appropriate, for their review and comment. The applicant may be required by the Zoning Administrator to secure development approval from other agencies if they are affected by (or have jurisdiction over) the development. Development approval may be required from but is not necessarily limited to the following, as applicable: the City Engineer, the City Street or Public Works Department, the Soil and Water Conservation District with jurisdiction, the county Fire Department, the county Health Department, the county Department of Planning, Development, or Building Inspections, the State Department of Transportation, the State Department of Natural Resources, and the U.S. Army Corps of Engineers.

(h)

Consolidation and submission of comments to applicant. Upon receipt of comments from other city departments and external agencies as appropriate, the Zoning Administrator shall provide all comments to the applicant for resolution and as appropriate shall indicate on one or more copies of the civil drawings or in writing all comments related to compliance with applicable city regulations and agency requirements. Thereafter, the applicant shall submit revised plans to reflect all such comments.

(i)

Issuance. All development permits shall be issued by the Planning Commission who shall in no case grant any development permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this chapter or other applicable regulations of the City. The applicant shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the comments of reviewing city departments, external agencies, and the Planning Commission. Although review may have been achieved, if another city department or external agency requires approval or a permit, the owner shall also be responsible for obtaining such approval or permit from all other agencies affected by the project prior to issuance of the development permit by the Planning Commission.

(j)

Denial. If the development permit is denied, the Planning Commission shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all development permits shall be kept on file in the office of the Zoning Administrator which shall be a public record.

(k)

Duration of validity.

(1)

A development permit shall expire two years after its issuance, subject to the following provisions:

a.

If the work described in any development permit has not been begun within one year from the date of issuance thereof, the permit shall expire; and

b.

If the work described in any development permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire.

(2)

Application processes shall begin anew for any expired development permit.

(l)

Suspension or revocation. The development permit may be suspended or revoked by the City, as to all or any portion of the land affected by the permit, upon finding that the holder or his successor in title is not in compliance with the approved development permit or is in violation of any applicable regulations in this Code.

(Code 1997, § 40-1201; Ord. of 2-6-2012, § 1(40-1201))