§ 86-30. Review, approval, terms and issuance of certificates of capacity.

(a)

Appropriate city offices and other entities as appropriate shall assist in or perform a determination of capacity in its appropriate area for each application for a certificate of capacity.

(b)

If the capacity of available public facilities is equal to or greater than the capacity required to maintain all the required level of service standards for the impact of the development, the certificate of capacity will be approved and the certificate of capacity shall be issued by the planning and development services director or his/her designee.

(c)

If the capacity of available public facilities is less than the capacity required to support the development the certificate of capacity shall be denied. If the certificate of capacity is denied the applicant may select one of the following options:

(1)

Amend the application to reduce the needed public facilities to the capacity that is available.

(2)

Arrange to provide for public facilities that are not otherwise available or provide practical and effective alternative to mitigate impact of the development.

(3)

Reapply for certificate of capacity once acceptable level of service has been established through public capital improvement or other means.

(4)

File a written appeal of the denial of the application for certificate of capacity within 30 days of said denial to the planning and development services director or his/her designee for scheduling a hearing before the hearing officer pursuant to section 86-36.

(d)

A determination of capacity shall apply to only specific land uses, densities, intensities and construction schedules based on information provided in the application.

(e)

A certificate of capacity shall be valid for the same period of time as the development order with which it was issued.

(f)

A certificate of capacity may be extended according to the same terms and conditions as the underlying development order. If the development order is granted an extension, so shall the certificate of capacity as provided in this article. A certificate of capacity may be extended through and remain in effect for the life of each subsequent development order for the same parcel and development for as long as the applicant obtains a subsequent development order prior to the expiration of the earlier development order.

(g)

A certificate of capacity runs with land and is valid only for subsequent development orders for the same parcel and development and to new owners of the original parcel for which it was issued.

(h)

A certificate of capacity shall expire if the underlying development order expires or is revoked by the city and the capacity has not yet been extended to a subsequent development order for the same parcel.

(i)

Notwithstanding any other provisions of this article to the contrary, no application for administrative rezoning by the city commission shall encumber or reserve capacity for public facilities at the time of the approval of said rezoning by the city commission.

(Ord. No. 96-25, § 1(1405), 3-4-1996; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011; Ord. No. 04-2013, § 1, 5-20-2013)