A. General. An application for a permit or a request for legislative change that has been accepted as complete under section 17.800.030 shall be processed by the applicant in a timely manner. Upon a determination by the planning director that an applicant is not processing an application in a timely manner, the planning director shall notify the applicant of this determination in the manner set forth in subsection B of this section and shall advise the applicant of the director's intent to deny the application due to the applicant's failure to process the application in a timely manner. For purposes of this provision, the processing of an application shall be considered untimely if the applicant does not respond to a written request by the director for further information or for payment of additional processing fees due from the applicant within 30 days of the date of mailing of the written request, or such additional time as the director and the applicant may agree to in writing.
B. Notice. Upon a determination that an application is not being processed in a timely manner, the planning director shall give mailed notice to the applicant of this determination and advising the applicant of the right to either withdraw the application or appeal the planning director's determination. The notice also shall advise the applicant that if the application is not withdrawn or appealed within 15 days of the date notice was given, the application shall be deemed denied.
C. Withdrawal. The applicant may withdraw an application by notifying the planning director in writing within 15 days of the date notice was given under subsection B of this section that the application is withdrawn. An application that is withdrawn shall not be subject to the one year restriction set forth in subsection F of this section.
D. Appeal. The applicant may appeal the planning director's determination that an application is not being processed in a timely manner to the planning and design commission. The appeal shall be heard and decided as provided in chapter 17.812, except the appeal shall be filed within ten days of the date notice was given under subsection B of this section.
E. Issue on appeal. The sole issue to be considered by the planning and design commission on appeal shall be whether the application was being processed in a timely manner. If the appeal is sustained, the application shall be referred back to the planning director for further processing.
F. Effect of denial for failure to process in a timely manner. An application that is denied for failure to process in a timely manner under this section shall be considered a denial subject to the one-year restriction on re-submittal of applications under section 17.800.050. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)