Chapter 18.10
APPLICATION PROCEDURE
Sections:
18.10.010 Plan/zone conformance.
18.10.020 Procedures for processing development permit.
18.10.030 Neighborhood review meeting.
18.10.040 Application documents.
18.10.050 Complete submittal required.
18.10.070 Jurisdiction and powers.
18.10.010 Plan/zone conformance.
Properties proposed for development or use permits must be appropriately designated for the proposed use on the comprehensive plan and zoned in accordance with said plan, or the application must include a request for the appropriate plan amendment and zone change. [Code 2000 § 11.10.21.]
18.10.020 Procedures for processing development permit.
(A) An application for development permit shall be processed under one of the three procedures set forth in CMC 18.15.010.
(B) When an application and proposed development plan is submitted the community development director shall determine the appropriate procedure specified by the code, together with the determination of affected departments, public agencies, and property owners. Where there is a question as to the appropriate type of procedure, the application shall be processed in accordance with CMC 18.15.010(C).
(C) The community development director shall be responsible for the coordination of the development permit application and decision-making procedure and shall only issue a development permit to an applicant whose application and proposed development is found in compliance with all of the applicable provisions set forth in the comprehensive plan and this title. Before issuing the development permit, the community development director shall be provided with the detail required to establish full compliance with the requirements of this code. [Ord. 810, 2000; Code 2000 § 11.10.22; Ord. 841 Exh. 2, 2003.]
18.10.030 Neighborhood review meeting.
(A) Prior to submittal of a Type III request which requires review by the planning commission, and for the application to be complete, the applicant shall provide an opportunity to meet with neighboring property owners, residents and businesses by conducting a neighborhood meeting.
(B) The purpose of the neighborhood review meeting is to allow the neighbors and residents to become familiar with the proposal and to identify any issues, which may be associated with an application. The intention of the meeting is for submittal of an application that is more responsive to neighborhood concerns, reducing the likelihood for delays and appeals of the application.
(C) The applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the community development director and property owners within 250 feet of the subject property. The notice shall include the date, time and location of the meeting and a brief description of the nature and location of the proposal. The neighborhood review meeting must be held at an accessible location within the Cornelius city limits. The notice shall be deposited in the mail in the city, not less than 20 days prior to the required neighborhood review meeting.
(D) At the neighborhood review meeting, the applicant shall present the proposed application to the neighbors in attendance.
(E) The applicant shall not be required to hold more than one neighborhood review meeting provided such meeting is held within 180 days prior to submitting a land use or design review application for one specific site. [Ord. 810, 2000; Code 2000 § 11.10.23; Ord. 841 Exh. 2, 2003; amended during 2007 recodification; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-01 § 1 (Exh. A), 2017.]
18.10.040 Application documents.
An application for a building or development permit, which is subject to site design review as set forth in Chapter 18.100 CMC shall consist of the materials and information specified in this section, plus any other materials or information required by this code. Required documents shall be submitted to the community development director as follows:
(A) A completed permit application form including identification of the project coordinator, or professional design team if application is in a commercial zone or for a planned unit development.
(B) A narrative addressing the approval criteria, including an explanation of intent; stating the nature of the proposed development, reasons for the permit request, pertinent background information, information required by the development standards and as required by other sections of this code because of the type of development proposal or the area involved or that may have a bearing in determining the action to be taken.
(C) Proof that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has the consent of all individuals or partners in ownership of the affected property. Legal description of the property affected by the applicant.
(D) The application shall include conceptual and quantitatively accurate representations of the entire development sufficient to judge the scope, size, and impact of the development on the community, public facilities, and adjacent properties; and except as otherwise specified in this code.
(E) The number of required documents for completeness review, facilities and design review and planning commission review shall be identified on the application checklist.
(F) Site plans and architectural renderings drawn to scale, showing the proposed layout of all structures and other improvements per the approved city application checklist, including an erosion control plan for any building or land development permit. Such a plan shall conform to the standards established by Clean Water Services (CWS) and shall conform to CMC 13.30.020, Clean Water Services of Washington County rules adopted.
(G) The total land area, in square feet devoted to various uses such as total site area, building area (gross and net rentable), parking and paved coverage, landscaped area coverage, and average residential density per net acre. The percentage of site coverage for each use shall also be calculated.
(H) Documentation of Neighborhood Review Meeting, if Required.
(1) A copy of the notice sent to surrounding property owners within 250 feet of the subject parcel.
(2) A copy of the mailing list used to send out meeting notices.
(3) Repealed by Ord. 2017-01.
(4) An affidavit of mailing notices.
(5) Representative copies of written materials and plans presented at the neighborhood review meeting.
(6) Notes of the meeting, including the meeting date, time, and location, the names and addresses of those attending, and oral and written comments received.
(I) An application fee as set by the city council. [Ord. 696 § 1, 1989; Ord. 810, 2000; Code 2000 § 11.10.24; Ord. 841 Exh. 2, 2003; Ord. 2017-01 § 1 (Exh. A), 2017.]
18.10.050 Complete submittal required.
Application materials shall be submitted to the community development director who shall have the date of submission indicated on each copy submitted. Within 30 calendar days from the date of submission, the community development director shall determine whether an application is complete.
(A) If the community development director determines that the application is incomplete or otherwise does not conform to the provisions of the code, the applicant shall immediately be notified of the negative determination in writing by mail conveying an explanation and a submittal deadline for completion or correction of the application. However, if the application remains incomplete for more than 30 days from the date of notice of negative determination, the materials submitted shall be returned to the applicant and the file shall be closed. If an application is returned and the file closed, resubmittal shall require a new application.
(B) If an application is determined to be complete and in conformance with the provisions of the code, the community development director shall accept it and note the date of acceptance on the application form. The community development director shall then schedule the appropriate review and notify the applicant in writing of the date of the final decision or hearing as set forth in Chapter 18.15 CMC. [Ord. 810, 2000; Code 2000 § 11.10.25; Ord. 841 Exh. 2, 2003; Ord. 2016-011 § 1 (Exh. A), 2016.]
18.10.060 Filing fee.
The council shall by resolution establish fees and deposits to be paid for all development permits. [Ord. 810, 2000. Code 2000 § 11.10.26.]
18.10.070 Jurisdiction and powers.
(A) Authority of Community Development Director. The community development director shall have authority over the daily administration and enforcement of the provisions of this chapter and shall have specific authority as follows:
(1) Pursuant to Type I procedures set forth in CMC 18.15.010(A), the community development director shall approve, approve with conditions, or deny:
(a) Design review Type I requests.
(b) Signs authorized for administrative review.
(c) Lot line adjustments in approved subdivisions and for other legally created lots.
(d) Fence construction permits, consistent with CMC 18.150.020.
(e) A temporary permit consistent with Chapter 18.120 CMC.
(f) Administrative Relief. The community development director may grant or deny a variation from quantifiable provisions of yard, lot coverage, lot area, lot dimension, or parking, to relieve a hardship created by unusual lot conditions or circumstances, provided the request involves only the expansion or reduction of not more than 10 percent of the requirement.
(g) Request for the Community Development Director’s Interpretation. The community development director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this title.
(2) Pursuant to Type II procedures set forth in CMC 18.15.010(B), the community development director shall approve, approve with conditions, deny, or refer the following applications to the planning commission for a hearing, pursuant to CMC 18.15.010(C):
(a) Design review Type II requests.
(b) Architectural, site development, and landscape plans in compliance with applicable standards.
(c) Land partitions and subdivisions in full compliance with Chapter 17.05 CMC.
(d) A temporary permit consistent with Chapter 18.120 CMC.
(e) Other specific actions or duties delegated by the planning commission, or by order of the city council, setting forth the review procedures guided by clear and objective standards for administration.
(B) Authority of Planning Commission.
(1) As specified in Chapter 2.65 CMC, the commission shall have authority to administer and enforce all the provisions of Chapter 18.15 CMC.
(2) At their earliest regularly scheduled meeting following the date of complete submission, the commission shall review and approve, approve with conditions, or deny the proposed development. However, if the commission finds that additional information or time is necessary to render a reasonable decision, the matter may be continued to a date certain. The applicant shall be immediately notified in writing of any such continuation or delay together with the scheduled date of review.
(C) Authority of City Council. Upon appeal or upon referral for legislative action, the council shall have final authority to interpret and enforce the procedures and standards set forth in this chapter. [Ord. 810, 2000; Code 2000 § 11.10.27; Ord. 841 Exhs. 1, 2, 2003.]