The following provisions shall apply to any land use application required by this title.
A. Approval Required: No development activity shall be undertaken unless applicable approvals and permits have been obtained as provided in this title. Failure to obtain such approval may be enforced as provided in chapter 13.94 of this title.
B. Application Forms: A land use application shall be submitted on a form provided by the city along with all documents and information as required by chapter 13.03 of this title or other applicable chapter of this title.
C. City Initiated Applications: The planning commission or two (2) city council members may initiate any action under this title without an application from a property owner. Notice, hearing, and other procedural requirements of this chapter shall apply to an application initiated by the city.
D. Consideration Of A Land Use Application: No land use application shall be considered unless:
1. The application is complete, and
2. The requested approval is allowed by the zone where the subject property is located, or
3. The application is submitted simultaneously with a proposed zoning map amendment that would, if approved, allow the proposal.
E. Accurate Information: All documents, plans, reports, studies, and information provided to the city by an applicant in accordance with the requirements of this title shall be accurate and complete.
F. Fees: When an application is filed the applicant shall pay to the city any fee associated with such application as may be set by the city council. Any application not accompanied by a required fee shall be returned to the applicant as incomplete.
G. Review Of Application: The land use authority shall substantively review a complete application and shall approve or deny the application with reasonable diligence.
H. Expiration Of Application: If after review of a complete application, the applicant is required to respond with additional information necessary for consideration of the application by the land use authority but fails to respond within six (6) months, the application shall expire.
I. Withdrawal Of Application:
1. If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the city may deem the application to be withdrawn. If the application is deemed withdrawn, the application and any associated fee shall be returned to the applicant upon request; provided, however, the city may deduct from the application fee the cost of determining completeness of the application.
2. Following submission of a complete application, an applicant may withdraw the application at any time prior to action on the application by a land use authority or appeal authority. Application fees shall not be refundable if prior to withdrawal:
a. Staff review of the application has been undertaken; or
b. Notice for a public hearing or meeting on the application has been mailed, posted, or published.
J. Decision Date: A decision by a land use authority or appeal authority shall be issued in writing and takes effect on the date of the written notice. The written notice constitutes a final decision for purposes of appeal. For any decision made by the community development director, the final decision date is the date specified on the property owner's notification letter in the application file.
K. Extension Of Time: Unless otherwise prohibited by this title, upon written request and for good cause shown, any land use authority or appeal authority having power to grant approval of an application may, without any notice or hearing, grant an extension of any time limit imposed by this title. The total time granted by any such extension or extensions shall not exceed twice the length of the original time period or one year, whichever is less.
L. Procedural Irregularity:
1. An action conducted by a land use authority under provisions of this title which establishes a procedure for the conduct or approval of an application shall not be deemed invalid or set aside due to error caused by irregularity, neglect, or omission unless:
a. An examination of the record reveals that the procedural error complained of was prejudicial to a substantial right of the complainant;
b. That the decision would have been different had the error not occurred; and
c. Because of the error, the complainant suffered an injury for which relief must be granted.
2. The complainant shall have the burden of proof to show that an error is prejudicial or that an injury occurred.
M. Examination And Copying Of Application And Other Documents: Upon request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to the application. Copies of such materials shall be made available at reasonable cost. (Ord. 2012-15, 9-20-2012)