10.06.040 Application review procedures.
Applications shall be submitted and considered in the manner established in Title 21 as follows:
(1) Applications. Applications shall include a completed application form, required fees and other attachments necessary to review the proposal for conformance with this title.
(2) Completeness Review. The administrative official will review Class 1, 2, and 3 applications for completeness as provided in Title 21.
The administrative official may refuse to process any application that is incomplete or found to be inaccurate and may return it with the filing fee. Processing times established by this title or by statute shall not apply to an application until the date of official acceptance, as provided in Title 21. A preapplication conference with the applicant and/or agent may be scheduled where appropriate to discuss the deficiencies prior to resubmittal of the application.
(3) Violations. An application may be rejected by the administrative official where a violation of this title or other city ordinances or state law is found to exist on the property until such time as the violation is remedied or the application itself is intended to remedy the violation. Such violations may also be considered sufficient grounds for denial of an application if the proposed application cannot and does not remedy the violation.
(4) Additional Information. The administrative official may request additional or more detailed information as provided in Title 21.
(5) Public Notice.
(A) Notice shall be given for Class 2 and 3 applications as provided for in Title 21 with a notice of application being mailed to property owners within a three-hundred-foot radius of the subject site and providing for a fourteen-day public comment period prior to issuance of the reviewing body's decision or recommendation.
(B) The administrative official may also solicit comments from any other person or public agency he feels may be affected by the proposal.
(6) Administrative Official's Decision. After considering any comments in response to notice the administrative official shall take one or more of the following actions:
(A) Approve the application;
(B) Establish conditions for approval or require changes in the proposed site plan; provided, that conditioning authority for Class 1 uses is limited to those specified in Chapter 10.08;
(C) Request additional or more detailed information per Title 21. The hearing examiner may continue an open record public hearing to allow requested additional information to be provided;
(D) Request a recommendation from the hearing examiner prior to taking any of the above actions on a Class 2 application. The recommendation shall in no way be binding on the administrative official;
(E) Refer a Class 2 application to the hearing examiner for the purpose of conducting a public hearing and rendering a decision on the proposal;
(F) Deny the application;
(G) The legislative authority may also remand a Class 3 application to the hearing examiner before making a decision on the record if the legislative authority finds that the hearing examiner's recommendation needs clarification or further findings on specific points, consistency with this title or the comprehensive plan.
(7) Authority Limited. In order to conform to the intent of this title and provide public notice and due process for proposals under consideration, the administrative official shall not be authorized to adjust or vary standards of this title without first having a complete application for such action.
(8) Findings and Conclusions.
(A) For all Class 2 reviews the administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision to approve, approve with conditions or deny the application is based. In granting approval for any of the Class 2 uses listed in Chapter 10.28, Table 10.28A, the administrative official shall ascertain that the present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured.
(B) For all Class 3 reviews the hearing examiner shall prepare written findings and conclusions stating the specific reasons upon which the recommendation to approve, approve with conditions or deny the application is based. In recommending approval of any of the Class 3 uses listed in Chapter 10.28, Table 10.28A, the hearing examiner shall ascertain that the present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured.
(9) Decision. The administrative official's final decision shall be issued in accordance with the requirements of Title 21. Substantial weight shall be given to the administrative official's decision or recommendation in any subsequent review. (Ord. 2172, § 7, 2022; Ord. 2046, § 2 (Exh. A), 2018; Ord. 1634, § 22, 2004.)