Uses of land which are specifically identified as permitted or conditional uses in any zone that is included within this title are specifically prohibited in any other zone within this title in which said use is not included as either permitted or a conditional use. (Ord. 03-2-11-1, 2-11-2003, eff. 3-11-2003)

Any building or use of land or any construction thereon, or any subdivision of land, which was not authorized by or under the preexisting zoning or subdivision regulations, as amended, or which is illegal under such regulations, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this development code. (Ord. 97-7-8-8, 7-8-1997)

Any person who may obtain state or federal properties by purchase, lease or other arrangement must utilize such properties in accordance with the provisions of this development code. (Ord. 97-7-8-8, 7-8-1997)

All costs for the processing of applications for subdivisions, large scale developments, zone changes, conditional use approvals, appeal authority rulings, and similar actions required under the terms of this development code shall be borne by the applicant. The city council may, by resolution, establish fees for the processing of such applications and the administration of this development code, and provide for the assessment and collection thereof. (Ord. 97-7-8-8, 7-8-1997; amd. Ord. 07-7, 4-24-2007)

   A.   An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's land use maps, zoning map, and applicable land use ordinances in effect when a complete preliminary application is submitted for official review by the land use authority (except as otherwise provided in the city land use ordinances) and all fees have been paid, unless:

      1.   The land use authority, on the record, finds that a compelling municipal or public welfare/safety issue would be jeopardized by approving the application; or

      2.   In the manner provided by local 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.

   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 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 applicable ordinances 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 approval with reasonable diligence.

   E.   The city may not impose on a holder of a paid and completed preliminary application a requirement that is not expressed:

      1.   In the preliminary application or in documents on which the preliminary application is based; or

      2.   In this chapter or the municipality's ordinances.

   F.   The city may 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. (Ord. 07-1, 1-23-2007)