(A) An applicant is entitled to the approval of a land use application if the application conforms to the requirements of this chapter, and the city’s other land use ordinances, land use maps, or official maps as may be applicable and in effect at the time the Community and Economic Development Department (“Department”) determines the land use application complete and all fees are paid, unless:
(1) A Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
(2) In the manner provided by local ordinance and before the land use application is submitted, the city has formally initiated proceedings to amend its land use ordinances in a manner that would prohibit approval of the application as submitted.
(B) The city shall process a land use application without regard to proceedings initiated to amend a land use ordinance, including this chapter and the zoning ordinance if:
(1) One hundred and eighty calendar days have passed since the proceedings were initiated; and
(2) The proceedings have not resulted in an enactment that prohibits approval of the land use application, as submitted.
(C) If the final subdivision plat, as required by §§ 155.070 through 155.083 of this chapter conforms to the requirements of this chapter, and the city’s other land use ordinances, and has received written approvals or approval recommendations from the various authorities identified by § 155.075(A) of this chapter the final subdivision plat shall be approved.
(D)
The city may not impose any requirement or condition on an applicant for any approval, permit or license required by this chapter that is not expressed:
(1) In the approval required by this chapter or in documents on which such approval is based; or
(2) In this chapter or the city’s other land use ordinances.
(E) The city may not withhold the issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed:
(1) In the building permit, or in documents on which the building permit is based; or
(2) In this chapter, or the city’s other land use ordinances.
(F) The city shall be bound by the terms and standards of this chapter and the city’s other land use ordinances, as applicable, and shall comply with all mandatory requirements and provisions of such ordinances and the Act.
(G) The city shall process and render a decision on each land use application required by this chapter with reasonable diligence.
(Prior Code, § 25.01.130) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)