(a) Timing. The director shall make a decision regarding the application for a density bonus within 10 working days after a complete application is filed. An application will not be considered complete until all the information required by Section 51A-4.905 is provided.
(b) Failure to act. If the director fails to make a decision regarding the application within the 10-day period, it is approved subject to compliance with all applicable city ordinances.
(c) Form of decision. The decision of the director must take one of the following three forms:
(1) Approval, no conditions.
(2) Approval, subject to conditions noted.
(3) Denial.
(d) Approval with no conditions. If there are no grounds for denying or modifying the application, the director shall approve it with no conditions.
(e) Approval subject to conditions noted. As an alternative to denial of the application, the director may approve it subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the director approves it subject to conditions noted, he or she shall state in writing the specific requirements to be met before it is approved.
(f) Denial.
(1) Grounds for denial. The director shall deny the application if:
(A) it does not contain all required information; or
(B) an SAH unit required to be provided in order to obtain a certain density bonus in accordance with this division is not provided.
(2) Statement of reasons. If the director denies the application, he or she shall state in writing the specific reasons for denial.
(g) Notice of decision. The director shall give written notice to the applicant of his or her decision regarding the application. Notice is given either by hand delivery or by depositing the notice properly addressed and postage paid in the United States mail. If the notice is mailed, it must be sent to the address shown on the application. (Ord. 21663)