§ 24-10. Procedure.

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.