A. Pending Text Or Zoning Map Amendments:
1. An applicant is entitled to approval of an administrative land use application if the application conforms to the requirements of this code when a complete application is submitted and all fees have been paid, unless:
a. The land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
b. Before the application is submitted, the appropriate land use authority has forwarded a formal recommendation to the legislative body to amend the provisions of this title in a manner that would prohibit approval of the application as submitted. Formal initiation of an amendment means compliance with section 13.07.030 of this title.
2. If a text or zoning map amendment which may affect an application is pending prior to submission of an application, the applicant shall not be entitled to rely on existing provisions but may be required to comply with newly enacted provisions as set forth in this subsection.
3. The city shall process an application without regard to a pending amendment to this title if:
a. One hundred eighty (180) days have passed since the pending amendment was forwarded to the legislative body; and
b. Action of the legislative body has not resulted in an enactment that prohibits approval of the application as submitted.
B. Imposition Of Permit Requirements: The city may not impose on a holder of an issued land use permit or approved subdivision plat a requirement that is not expressed in:
1. The land use permit or subdivision plat, documents on which the land use permit or subdivision plat is based, or the written record evidencing approval of the land use permit or subdivision plat; or
2. This title or any other applicable city ordinance.
C. Certificates Of Occupancy: The city may not withhold issuance of a certificate of occupancy or acceptance of subdivision improvements because an applicant fails to comply with a requirement that is not expressed in:
1. The building permit or subdivision plat documents on which the building permit or subdivision plat is based, or the written record evidencing approval of the building permit or subdivision plat; or
2. This title or any other applicable city ordinance. (Ord. 2012-15, 9-20-2012)