2-2-040 General Requirements

The following requirements shall apply to a proposed land use, development, or other matter which is subject to procedures set forth in this Code. A. Application Form. An application shall be submitted on a form provided by the Zoning Administrator and in such numbers as reasonably required by the Zoning Administrator for a particular type of application. For those applications which need Planning Commission or Hearing Officer Approvals, the application shall be submitted by the third Thursday of the month and by appointment with the Zoning Administrator, or at least twenty (20) business days prior to the meetings of those bodies. B. County Initiated Application. The Planning Commission or County Commission may initiate any action under this Code without an application from a property owner. Notice, hearing and other procedural requirements of this Chapter shall apply to an application initiated by the County. C. Development Review Sequence. No application shall be considered unless: 1. The approval which is requested in the application is allowed by the zone existing on the subject property; or 2. Where permitted by this Code, the application is submitted simultaneously with a proposed zoning map amendment that would allow the proposal. D. Accurate Information. All documents, plans, reports, studies and information provided to the County by an applicant in accordance with the requirements of this Code shall be accurate and complete. E. Determination of Complete Application. After receipt of an application, the Zoning Administrator shall determine whether the application is complete. If the application is not complete, the Zoning Administrator shall notify the applicant in writing and shall: 1. Specify the deficiencies of the application; 2. State the additional information which must be supplied; and 3. Advise the applicant that no further action will be taken on the application until the deficiencies are corrected. F. Fees. When an application is filed, the applicant shall pay to the County the fee associated with such application as provided in the fee schedule adopted by the County Commission. Any application not accompanied by a required fee shall be deemed incomplete. 1. Fees shall be non-refundable except as provided in Subsection (G) of this section. 2. Fees shall not be required for applications initiated by the County. G. Remedy of Deficiencies. If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the County may deem the application to be withdrawn. If the application is deemed withdrawn, the application and any associated fee shall be returned to the applicant upon request; provided, however, the County may deduct from the application fee the cost of determining completeness of the application. H. Decision Date. A decision or recommendation made under the provisions of this Code shall take effect on the date of the meeting or hearing in which the decision or recommendation is made by the decision-making body or official, unless a different time is designated in the decision-making body's rules, or at the time the decision is made. I. Extensions of Time. Unless otherwise prohibited by this Code, upon written request and for good cause shown, any decision-making body or official having authority to grant approval of an application may, without any notice or hearing, grant an extension of any time limit imposed by this Code on such application, its approval, or the applicant. The total period of time granted by any one (1) or more extensions for a given application shall not exceed twice the length of the original time period. J. Pending Ordinance Amendments. 1. When a proposed amendment to the zoning map or text of this Code is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended. a. A proposed zoning map or text amendment shall be deemed “pending” when the amendment proposal first appears on a Planning Commission or County Commission agenda, as the case may be, which has been noticed as required in this Chapter. b. An application shall be deemed “filed” when all materials required for the application, as set forth in this Code, have been submitted. 2. An application affected by a pending amendment to the zoning map or text of this Code shall be subject to the following requirements: a. The application shall not be acted upon until six (6) months from the date when the pending amendment to the zoning map or text of this Code was first noticed on a Planning Commission or County Commission agenda, as the case may be, unless: (1) The applicant voluntarily agrees to amend his or her application to conform to the requirements of the proposed amendment; or (2) The proposed amendment is sooner enacted or defeated, as the case may be. b. If a pending amendment to the zoning map or text of this Code is enacted within six (6) months after being noticed on a Planning Commission or County Commission agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment. c. If a pending amendment to the zoning map or text of this Code is not enacted within six (6) months after being noticed on a Planning Commission or County Commission agenda, as the case may be, the amendment shall no longer be considered pending and any affected application may be processed without regard to the previously pending amendment. 3. The Zoning Administrator shall give an applicant affected by a pending amendment to the zoning map or text of this Code written notice that: a. There is pending legislation; b. The application may require changes to conform to a zoning map or text amendment which may be enacted; and c. Copies of the pending legislation are available at the Community Development Office. K. Substantial Action Required. If within six (6) months after an application has been filed the applicant has not taken substantial action to obtain approval thereof, the application shall expire and any vested rights accrued thereunder shall terminate. L. Expiration of Application. If within two (2) years after an application has been filed the application has not been approved or denied by the decision making body, the application shall expire and any vested rights accrued thereunder shall terminate.