§ 110-1006. Withdrawal of applications.

Applications for amendment under section 110-1101, including planned unit developments and comprehensive plan amendments, conditional uses under section 110-1102, applications for appeals under section 110-1002 or variances under section 110-1103 may be withdrawn by an applicant in the manner set forth as follows:

(a)

An applicant shall withdraw an application by filing a written notice of the withdrawal with the enforcement official and sending a copy of such request for withdrawal by certified mail to all those individuals to whom the applicant was initially required to give notice by mail of his application (see subsection (b) below); provided, however, an applicant may withdraw an application orally only at the time of the commission hearing, and such oral notice of withdrawal shall be sufficient public notice to all persons (see subsection (c) below).

(b)

When an application is withdrawn more than three days prior to the scheduled planning and zoning board hearing or city commission hearing excluding Sundays and holidays, only one withdrawal shall be without prejudice to reapply within a one-year period provided for by section 110-1005. All fees shall be forfeited to the city when an application is withdrawn.

(c)

When an application is withdrawn at the time of the planning and zoning board hearing or city commission hearing, or within three days prior thereto, excluding Sundays or holidays, or if the withdrawal is a second or a subsequent withdrawal, the withdrawal shall be with prejudice No application that has been withdrawn with prejudice shall be scheduled for a public hearing until staff has determined that the application complies with the Land Development Code requirements or the zoning variances and modification of Land Development Code standards required to approve the application have been obtained through the procedures required by the code, and until after the expiration of the time limits on a rehearing of the application contained in section 110-1005, as it may be amended from time to time. Applications withdrawn with prejudice for the second or subsequent request for withdrawal shall be subject to a one-year waiting period to reapply for any application based upon the same or similar proposals, facts, or issues

(d)

The city commission may waive any of the requirements of this section for either rezoning or conditional use applications upon good cause shown by the applicant.

(e)

When an application has been withdrawn without prejudice, the application shall be heard by the planning and zoning board, or the city commission, whichever body was scheduled to hear the application at the time it was withdrawn, with no changes from the original application except as provided herein, at the earliest available meeting following required advertising after the expiration of 90 calendar days following the date of the withdrawal. The 90 calendar day time limit may be extended to allow the processing of any zoning variance or Land Development Code modifications requested by the applicant within 45 days of the date the application was withdrawn. The tolling of the remainder of the 90-calendar day maximum time limit on rehearing an application withdrawn without prejudice shall begin on the approval or denial of the last outstanding variance or modification of code standards.

(f)

No changes to the original information submitted by the applicant shall be considered at any planning and zoning board or city commission hearing without a staff report that has been prepared with a minimum of 15 working days time for staff review in advance of the required meeting advertising date, or agenda distribution date should the meeting not require re-advertising. This minimum review time may be reduced to ten working days by the enforcement official, but only if the enforcement official is convinced that the staff report can cover all of the necessary issues within that time period. No applicant may request the enforcement official to make such a reduction in time. The reduction is an administrative option available to the enforcement official to allow the city to expedite the review of applications that do not have issues of sufficient complexity as to require a longer review time.

(g)

If, at the time a withdrawn application is brought to a public hearing, the application does not fully conform to the standards contained in the zoning and Land Development Code, or if the application is not consistent with the adopted Deltona Comprehensive Plan, as they may be amended from time to time, and the application has been withdrawn without prejudice in order to deal with such issues, the city staff shall recommend denial of the application.

(h)

Applicants who object to staff decisions to move an application withdrawn without prejudice, shall appeal those decisions as required by section 110-1002 of the Deltona Code of Ordinances.

(Ord. No. 24-2005, § 1, 6-6-2005; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011)