A. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
2. In the manner provided by city ordinance and before the application is submitted, the city has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted. The process for formally initiating proceedings to amend the city's ordinances shall begin with the filing of the petition required by section 11-6-2 of this title. (Ord. 2015-19, 12-8-2015)
B. The city shall process an application without regard to proceedings initiated to amend the city's ordinances if:
1. One hundred eighty (180) days have passed since the proceedings were initiated; and
2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
C. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of this title and all applicable fees have been paid.
D. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the land use with reasonable diligence.
E. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed:
1. In the land use permit or in documents on which the land use permit is based; or
2. In the city's ordinances.
F. The City will not withhold 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 the City's ordinances.
G. The City is bound by the terms and standards of applicable Land Use Ordinances and shall comply with mandatory provisions of those ordinances. (Ord. 2009-17, 11-24-2009)