A member of the City Council may introduce a proposed ordinance to expressly approve, authorize, or amend:a major variance;
a conditional use;
a text amendment;
a map amendment;
an educational campus master plan;
a hospital general development plan;
an area of special sign control; or
a planned unit development.
Notwithstanding subsection (a) of this section, a person must file an application under this subsection to request:a minor variance;
a major variance that, at the time of filing, is not the subject of legislation before the City Council;
a conditional use that, at the time of filing, is not the subject of legislation before the City Council;
a use permit;
a zoning appeal; and
a zoning consultation.
An application for a variance, conditional use, use permit, or zoning appeal must be filed in writing by:the owner of property to which the application applies; or
a person expressly authorized by the owner in writing.
An application for a zoning interpretation must be filed by:an owner of any property in the City;
a person expressly authorized by a property owner in writing; or
any City Councilmember or other official of City government.
An application for a conditional use, conditional sign, or appeal from the Zoning Administrator must be filed with BMZA. All other applications must be filed with the Zoning Administrator
An application must be:on the form provided by the City; and
filed with the number of copies that the instructions specify.
The application must include the information, plans, and data specified by the City’s application requirements and sufficient to determine whether the application conforms with the requirements of this Code.
All plans must be at a scale sufficient to permit a clear and precise understanding of the proposal.
Within 15 business days of receiving a completed application, the Zoning Administrator or the BMZA, as the case might be, must refer the application and all accompanying documents to the Director of Transportation, if:traffic-mitigation requirements for the proposed structure or use have not already been complied with in accordance with this Code or the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>; and
the proposed structure or use:is in a Traffic-Mitigation Zone designated in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3805">§ 3805</cite> {“Traffic-Mitigation Zones”} and involves 10 or more dwelling units;
involves 15,000 sq. ft. or more of gross floor area; or
involves 50 or more dwelling units.
A Traffic-Impact Study or the payment of a Traffic-Mitigation Fee is required if any 1 of the criteria specified in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3802">§ 3802</cite> {“Scope of Chapter”} applies.
The Director of Transportation must review the application as provided in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3802">3802</cite> {“Scope of Chapter”}.
If the Director of Transportation informs the applicant that traffic mitigation is required under <cite data-path="|building-codes|II">Building Code</cite> Chapter 38 {“Traffic Impact and Mitigation”}, the applicant must comply with the applicable procedures and requirements of that chapter.
Applications for a conditional use, variance, or design review must be accompanied by a site plan.
The site plan must:be drawn to scale and fully dimensioned;
indicate the lot and block, or the relevant portions of them;
show the ground area, height, and bulk of the structure, and the location of the structure in relation to the lot lines;
indicate the use to be made of the structure or land; and
include any other information that the Zoning Administrator requires for the proper administration and enforcement of this Code.
Ord. 16-581
Ord. 22-181
The Zoning Administrator or the Executive Director of the BMZA, as the case might be, must examine all applications within 10 days after filing.
An application is not considered complete unless, among all other requirements, all fees are paid when due.
After an application is determined to be complete, any change made by the applicant to the application must be submitted to the Zoning Administrator and the Board of Municipal and Zoning Appeals no later than 30 days before the date scheduled for the hearing to be held under this title.
At the Board’s discretion, minor changes to the application may be made on the record at the hearing.
Ord. 16-581
Ord. 17-015
Ord. 22-181
Every application must be accompanied by the required filing fee.
Ord. 16-581
An applicant has the right to withdraw an application at any time before a decision is made on the application by the appropriate body. There will be no refund of fees. Requests for withdrawal must be in writing by the applicant.
Ord. 16-581
Within 1 year after an application for a variance or a conditional use has been denied, the same application for the same property may not be reviewed or heard unless substantial new evidence is available.
If a zoning application is resubmitted for the same property within the 1-year period, the subsequent application must include a detailed description of how the application is a substantially different request or how substantial new evidence justifies its consideration.
The Zoning Administrator must determine whether the subsequent application is a substantially different request or presents substantial new evidence that justifies its consideration. If the Zoning Administrator finds that the application is not appropriate for resubmittal, the Zoning Administrator must summarily, and without need for a hearing, deny the request.
Ord. 16-581