§ 35-401. General Procedural Requirements.

(a)

Common Elements. This division describes procedural elements common to all applications. The specific procedures followed in reviewing various applications differ. Reference shall be made to the appropriate section in this chapter which addresses the procedures and requirements of a particular application. Generally, the procedures for all applications have five (5) common elements:

• Submittal of a complete application, including required fee payments and appropriate information; and

• Review of the submittal by appropriate staff, agencies, and boards; and

• Action to approve, approve with conditions, or deny the application; and

• Appeals; and

• A description of the actions authorized by the permit and the time period for exercising rights under the order or permit.

This division describes procedural elements common to all applications. Divisions 2 through 9 describe the procedures for processing certain types of applications. Each division or section relating to procedure provides the following information:

(1)

Initiation. This section describes how the application for the permit is filed.

(2)

Completeness Review. This section describes the process for determining whether sufficient information has been submitted in order to process an application. This includes the required fee payment and appropriate information. A determination that an application is complete or incomplete does not constitute a determination as to whether the application complies with the standards for approval of the application.

(3)

Decision. This section describes the procedures for review of the submittal by appropriate staff, agencies and boards and for reaching a decision as to whether the permit is approved, denied, or approved with conditions.

(4)

Approval Criteria. This section lists any criteria for approval of the particular application. These criteria supplement any other criteria required by this chapter for approval of the application.

(5)

Subsequent Applications. This section provides a waiting period for some applications in order to avoid consuming resources on the processing of repetitive applications.

(6)

Scope of Approval. This section indicates the rights that an applicant obtains from approval or conditional approval of an application, and what actions the permit authorizes and the time period for exercising rights under the order or permit. The duration of a permit may also be subject to section 35-711, Permit rights.

(7)

Recording Procedures. This section describes how the decision on the application is recorded in the public records.

(b)

Categories of Permits. There are three (3) basic categories of permits and/or development orders pursuant to this chapter. These categories are defined as follows:

(1)

Legislative Development Orders. Legislative development orders involve a change in land use policy by the city council. A public hearing is required, but the procedural requirements of a quasi-judicial hearing do not apply. Examples include annexations and rezonings.

(2)

Quasi-Judicial Decisions. A quasi-judicial decision involves the application of a standard required by this chapter to an application. It requires a public hearing. Procedural due process requirements apply as established in section 35-404 of this article. Examples include, variances, and appeals.

(3)

Ministerial Permits. Ministerial permits involve the application of the standards of this chapter to an application by an administrative official or agency. A public hearing is not required. A ministerial permit typically occurs late in the development approval process. Examples include building permits and certificates of occupancy.

(c)

Building Permits Required. No building or structure shall be erected, added to, or structurally altered within the city limits until a permit therefor has been issued by the director of planning and development services. All applications for building permits shall comply with the requirements of this chapter. No such building permit, certificate of appropriateness, or certificate of occupancy shall be issued for any building where said construction, addition, or alteration or use thereof violates any of the provisions of this chapter, except upon written order of the board of adjustment.

(d)

Certificates of Occupancy.

(1)

Requirement. Except as provided in subsection (2) below, all uses, including nonconforming uses, shall obtain a certificate of occupancy as required by the International Building Code.

(2)

Exceptions. The following shall not require certificates of occupancy:

• Home occupations subject to section 35-378

(3)

Records. The director of development services shall maintain a record of all certificates of occupancy and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the property affected.

(Ord. No. 98697 § 4) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)