[Amended by Ord. No. 00-9]
A.
Regardless of the nature of a development request,
there are certain submittals and procedures that are standard in the
City's process for approval of a request which include:
(1)
Completion of an application form;
(2)
Disclosure of ownership;
(3)
Applicant names and addresses of owners and preparers
of the application;
(4)
Adjacent property owners;
(5)
Legal description;
(6)
Existing site information;
(7)
Map requirements;
(8)
Call-up procedures;
(9)
Public hearing notification.
B.
The requirements set forth in subsection A of this section are explained in this article. All other submittal requirements and procedures appropriate to a specific action are contained in the specific article of this chapter dealing with that action.
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(1)
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Conditional Use Review
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(2)
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Planned Unit Development
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(3)
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Design Review for Large Retail Establishments
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(4)
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Landscape Plan
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(5)
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Variances
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(6)
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Zoning Amendments
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A.
General. Prior to filing a formal application, the
applicant shall confer with the planning office to obtain information
and an informal response to the project from City staff before substantial
commitments of time and money are made. The planning commission may
provide an informal review of the proposal if requested by the applicant.
B.
Submission requirements. Information submitted at
this stage in the review process should be general and cursory in
nature and contain the following:
(1)
The type of applications applied for;
(2)
Location of the site which is the subject of the application;
(3)
An indication of whether the site is within the corporate
limits of the City;
(4)
Current zoning of the land which is the subject of
the application;
(5)
Surrounding land uses;
(6)
Proposed use or development concept for the land which
is the subject of the application;
(7)
The estimated number of lots or dwelling units involved;
(8)
Ownership of the land which is the subject of the
application.
C.
Staff review. Applicants submitting on application
shall meet with a member of the planning department staff to discuss
the proposal. At the discretion of the planning director, proposals
will also be reviewed by other City departments at a technical review
committee meeting (including the public works director, utilities
superintendent, police chief, fire chief, building inspector, City
planner, urban renewal director, recreation director). Written comments
concerning the proposal shall be forwarded to the applicant from the
planning director and include the following:
(1)
The type and number of permits required;
(2)
Applicable regulations, standard review procedures
and submission requirements;
(3)
Application deadlines and review dates;
(4)
An indication of conformity of the proposal to community
policies and regulations including, but not limited to, the Evanston
comprehensive land use plan;
(5)
The availability of public services for the area which
is the subject of the proposal;
(6)
Any special concerns the applicant will be required
to address, before the proposal is accepted or adopted.
D.
Planning commission review. At either the applicant's,
planning and zoning commission's or the City planner's request, the
application may be submitted to the planning and zoning commission
for a preliminary evaluation of the likelihood of the proposal meeting
the provisions of this code and the City's comprehensive development
policies. The review shall be based on the information given by the
applicant in the conference with the staff.
A.
The appropriate application form shall be completely
filled out and submitted with all the necessary support data before
formal consideration of any application can begin.
B.
Permit application for any one proposal may be combined
and reviewed concurrently with requests for other permits (e.g. a
subdivision application may be submitted at the same time as a planned
unit development application or a conditional review use request at
the same time as a rezoning). The applications need not be sequential.
A.
Disclosure of ownership. Applicant shall provide a
certificate from a licensed title insurance company or attorney, which
certificate shall set forth the names and addresses of all owners
of the property including all owners of mineral estates, including
mineral leases, mortgages, judgments, liens, easements, contracts
and agreements of record which shall affect the title to such property;
and where the property involved in the application does not front
on a public street or highway, said certificate shall also show that
there is an established easement at least twenty feet in width for
purposes of ingress and egress to the property from a street or highway.
Additionally, the applicant shall provide evidence establishing this
easement and the right to use the property in the manner specified.
Names and addresses supplied shall be as they appear upon the plats
or records on file in the office of the county clerk's and as addresses
may appear in a telephone or other directory of general use in the
area of the property or as they appear in the tax record of Uinta
County.
B.
Applicant names and addresses. Applicants shall provide
names and addresses (if other than the owner), and the names and addresses
of the planners, engineers, surveyors or other individuals involved
in preparing the application.
C.
Adjacent owners. Applicants shall provide the names
and addresses of property owners within three hundred feet of the
exterior boundary of the site which is the subject of the application.
D.
Legal description. Applicants shall provide a legal
description of the parcel(s) included in the application.
E.
Existing conditions.
(1)
(2)
A map(s) at a scale not smaller than one inch equals
one hundred feet which shows where applicable:
(a)
Site or lot dimensions;
(b)
Location of utility rights-of-way on site and within
two hundred feet of the exterior boundaries of the site;
(c)
Location of all easements on the site;
(d)
Location of parks and other public or common open
spaces on site and within two hundred feet;
(e)
Permanent buildings, structures or houses on the site;
(f)
Location of all oil and gas wells, proposed, active
or abandoned within the site and within three hundred feet of the
site boundaries;
(g)
Existing sewers, water mains, culverts or other underground
facilities indicating pipe sizes, grades, manholes and exact location
on the site;
(h)
A title block which shall be located in the bottom
right-hand corner of the map;
(i)
Existing ditches, canals, natural drainage channels
and open waterways and high water levels of all water courses on the
site;
(j)
Existing topography and natural features including
identification of slopes greater than thirty percent and those slopes
between fifteen percent and thirty percent. Such map shall show vertical
intervals of not more than five feet or not more than ten feet for
steep slopes (over thirty percent).
F.
Map and report requirements.
(1)
Each map shall include:
(a)
The name of the City, county, township, range, principal
meridian, section and quarter section of the parcel involved;
(b)
The name of the development or subdivision located
in the lower right-hand corner;
(c)
The name, address and telephone number of applicant(s);
(d)
The name, address and telephone number of person or
firm preparing map;
(e)
A north arrow;
(f)
The date of preparation of the map;
(g)
The lot and block numbers and to be drawn to scale
of not less than one inch equals one hundred feet;
(h)
In the case of multiple sheets, a key map showing
the relationship of individual sheets to each other.
(2)
All reports shall include the name, address and telephone
number of the person or firm preparing the report and the date of
preparation.
(3)
Five copies of all required maps and reports shall
be submitted to the planning office.
(4)
All maps and reports shall bear suitable evidence
of the professional qualifications of the person responsible for the
map report. Maps containing water supply, sanitation, utilities, drainage,
soils, grading, roads, structures, and other civil engineering work
must be certified by a registered professional engineer. All documents
containing land survey descriptions and topographic maps must be certified
by a land surveyor registered under the laws of the state of Wyoming.
A.
Application.
(1)
The applicant shall submit five copies of all application
forms and requirements to the planning office (unless in the discretion
of the planning office fewer are required).
(2)
The planning office shall review the submission for
completeness and may request additional information if deemed necessary
to show conformance with the provisions of this code. No application
will be accepted by the planning office for review until the application
is complete in all aspects.
B.
Staff review.
(1)
When the submission is certified complete by the planning
office, the planning office shall distribute copies to appropriate
referral agencies or departments. Any comments thereon shall be returned
to the planning office within fourteen days.
(2)
Appropriate referral agencies may include the following:
(a)
City heads of departments including the City
administrator, public works director, City engineer, utilities superintendent,
building inspector, police chief, fire chief, City clerk, recreation
director, urban renewal director;
(b)
All franchised utilities;
(c)
Uinta County School District No. 1;
(d)
Evanston housing authority;
(e)
State of Wyoming Department of Environmental
Quality.
(3)
The planning office shall compile all comments and
recommendations and within thirty days of the date when the application
is certified complete, the planning office shall make a written report
thereon. The report shall contain, among other things, an evaluation
of the proposal's compliance with the policies of this code, the comprehensive
plan and other City ordinances, policies and standards. Any areas
of incompatibility or noncompliance with regulations, policies or
standards shall be identified in the report. The planning office shall
also attach a summary which reflects referral agencies' comments to
its report.
C.
Planning and zoning commission review.
(1)
Within forty-five days of receipt of the complete
application, the planning and zoning commission, when required by
law, shall hold a public hearing to consider the application, the
planning office report, any referral agency comments. The commission
shall recommend for approval only those applications which it finds
are in accordance with the regulations and standards of this code,
the policies and intent of the comprehensive plan, and other applicable
City regulations, standards and policies. The commission may recommend
conditional approval, specifying the conditions or limitations on
such approval. The commission may delay or table the action if it
determines further information must be submitted; otherwise the commission
shall make its decision based on available data.
(2)
The planning and zoning commission may approve, conditionally approve specifying the conditions or limitations on such approval, or deny the application. If an application does not automatically go to the City council for final action, the applicant or City council may request a City council review of the commission's decision. Procedures outlined in section 24-11 shall be followed when this occurs.
(3)
A final decision by the planning and zoning commission
when required, shall be in writing and shall include findings of fact
and conclusions of law separately stated. A copy of the decision shall
be delivered or mailed to each party or his attorney of record.
D.
City council review.
(1)
Within thirty days of the planning and zoning commission decision, the City council shall, when required or when it has called an item up, and if required by law, hold a public hearing on an application. The call-up procedures (section 24-11) and the public hearing notification procedures (section 24-12) outlined in this code shall be followed.
(2)
The City council shall consider the application as
submitted (however the applicant may make or agree to make the changes
recommended by the planning and zoning commission in their conditional
approval of an application), the planning staff's report, the planning
and zoning commission recommendation of the decision and any additional
evidence or testimony presented at the hearing. The City council shall
approve only those applications which it finds are in accordance with
the regulations and standards of this code and the policies and intent
of the comprehensive plan and other applicable City regulations, standards
and policies. The council may approve, conditionally approve specifying
the conditions or limitations on such approval, or deny the application.
(3)
The decision of the City council shall be in writing
and shall include findings of fact and conclusions of law separately
stated. A copy of the decision shall be delivered or mailed to each
party or his attorney of record.
E.
Limitations on approval.
(1)
Approval of a preliminary plan pursuant to section 24-7D shall not constitute acceptance or approval of details in any subsequent submissions prior to review and approval of the same.
(2)
Approval of a preliminary plan shall be valid for
one year from the date of planning and zoning commission approval.
If, within that time period, no required subsequent submission has
been filed. The approval shall expire unless the planning and zoning
commission, for good cause shown, extends the time period. When the
approved preliminary plan includes a phased schedule for submittal
of detailed submission, approval of detailed submissions shall also
be valid for one year. If a final detailed plan has not been submitted
approval shall expire unless the planning and zoning commission, for
good cause shown, extends the time period.
(3)
If more than one year elapses from the approved schedule
for a planned unit development (PUD) without adherence to the schedule,
the City council shall review the PUD under regular notice as required
by this code. If it finds the PUD fails to meet its schedule, the
council may amend the schedule or may declare the PUD void and the
property subject to all normal requirements of the district in which
it is located.
(4)
Rezoning or conditional use applications which are
made in conjunction with a PUD or subdivision application shall be
granted only upon final approval of the PUD application or subdivision
plat.
(5)
All approved site plans for conditional uses including
any modifications and conditions thereto, shall be endorsed by the
approving agency and made a permanent part of the zoning district
map file. For purposes of this section, approving agency means the
planning commission or the City council, whichever finally approves
the application or site plan.
[Amended 11-17-2009 by Ord. No. 09-06]
A.
All decisions made by the Planning Commission pursuant to Chapter 24 of the Code, except those arising out of Article XIII, may be called up for further review by the governing body of the City as provided herein.
(1)
If a decision is called up for further review, the governing body shall comply with the notice, hearing, and other requirements of § 24-10D of the City Code.
(2)
If there is no request to call up a Commission decision within the time limits set forth herein, or if the governing body denies a petition to call up a decision for further review, as provided herein, the Commission decision shall become final and shall be placed in writing by the Commission with findings of fact and conclusions of law as provided in § 24-10 C(3).
B.
To obtain review by the governing body, a person shall submit to
the Planning Office a written petition to call up a Commission decision
for further review within 15 days from the date of the meeting at
which the Commission made the decision. The petition shall identify
the decision and provide an explanation as to why the decision should
be subject to further review by the governing body.
C.
If the Planning Office receives a petition to call up a decision
within the time limits set forth above, it shall:
(1)
Mail a copy of the petition to call up to each party who participated
in the hearing from which the Commission rendered the decision;
(2)
Prepare a written memorandum of the decision which summarizes the
testimony, issues and decision made by the Commission; and
(3)
Deliver the memorandum and petition to call up to the City Clerk
within 15 days from the date the Planning Office received the petition.
D.
At its next regularly scheduled meeting the governing body shall
consider the petition, memorandum and oral statements and decide whether
to call up the decision for further review. The governing body may
accept a petition to call up a Commission decision for further review
only upon the affirmative vote of at least two thirds of the members
of the governing body.
For all requests under this code which require
public notice, the following actions shall be taken:
A.
The property for which the action is requested shall
be posted by the City at least five days before a scheduled hearing
concerning the parcel posted with a sign which identifies that a special
action is requested on the property. The sign shall be posted in such
a way as to be clearly visible and readable to anyone passing by the
property. If the property has more than three hundred feet of road
frontage, additional signs for every three hundred feet shall be posted.
B.
Written notice concerning the action shall be sent
by first class mail to the owners of the property a distance within
three hundred feet of exterior boundaries of the property, and owners
of property within the area on which action is requested not less
than fifteen days before the date of the public hearing.
C.
A notice of the request shall appear in the official
City newspaper at least fifteen days before the hearing stating the
following:
D.
Costs of notification and publication shall be borne
by the applicant, which shall be set annually by the City council.
