Land use applications, and their accompanying procedures, are formulated to achieve the purposes of this Title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The community development department may provide application forms and may identify submittal requirements and processing procedures for the acceptance and filing of all land use applications. Such requirements and procedures shall be contained in the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The steps in the review and consideration of the various land use applications, authorized by this title may be provided with the applicable application form. Such applications may be contained in the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

All land use applications required by this title shall be determined to be complete, by the zoning administrator, as required by this title and the administrative manual and prior to consideration by a land use authority.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The rights conferred by a land use application approval by the land use authority shall be limited to those rights granted in the applicable provisions of this title and subject to any requirements or conditions.

B.

A land use application approval shall be considered void and invalid one year after approval by the land use authority, unless the Applicant has proceeded with reasonable diligence to establish the approved use or activity, or construction has commenced.

C.

A land use application approval shall be invalid and null and void if a use is not conducted, or a building or structure is established in violation of any requirements of all land use ordinances, requirements or conditions of approval.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

Each land use authority shall comply with all requirements of all land use ordinances, as applicable, including this title, and shall comply with all resolutions, and the administrative manual, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The approval of a land use application, and the associated land use permit, shall comply with all requirements, conditions, terms and standards of approval.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

An applicant is entitled to the approval of an application, required by this title, if such application conforms to the requirements of this title, and the county's other land use ordinances, resolutions, and the administrative manual, as applicable, and in effect when the application is determined to be complete by the zoning administrator unless:

1.

The land use authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the application; or

2.

In the manner provided by this title, and before the application is submitted or determined to be complete, the county has formally initiated proceedings to amend its land use ordinances in a manner that would prohibit approval of the application, as submitted.

B.

The county shall process an application without regard to proceedings initiated to amend the county's land use ordinances if:

1.

One hundred and eighty (180) calendar 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.

If the land use application conforms fully to this title, the county's other land use ordinances, all resolutions and the administrative manual, the land use application shall be approved.

D.

The county shall not impose on an applicant, or any holder of any approval required by this title, any requirement that is not expressed:

1.

In the approval required by this title, or in documents on which such approval is based; or

2.

In this title, or in the county's other land use ordinances, resolutions and the administrative manual.

E.

The county shall not withhold the 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.

2.

In inspection reports.

3.

In adopted building codes.

4.

In the approval required by this title, or in documents on which such approval is based; or

5.

In this title, or the county's other land use ordinances and resolutions, including the subdivision ordinance and administrative manual.

F.

The County shall be bound by the terms and standards of this Title, and the County's other Land Use Ordinances, Resolutions and the Administrative Manual, as applicable, and shall comply with all mandatory requirements and provisions of such Ordinances and Resolutions.

G.

The county shall process and render a decision on each application required by this title with reasonable diligence.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

On the date of a determination of a complete application by the zoning administrator, a land use application, as may be required by this title, shall vest pursuant to the terms of this title in effect, unless such vesting is affected by a pending amendment to this title, or a temporary zoning regulation.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Validity of Action. No action, inaction or recommendation shall be set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) unless:

1.

A procedure required by state or federal law; was not followed and

2.

In an examination of the circumstances, including the record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:

a.

Had the error not occurred the decision made pursuant to the procedure would have been different, and

b.

Because of the error, the complainant suffered an injury for which relief must be given.

B.

Presumption of Validity. The court shall presume that action, inaction or recommendation taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of proof to show that an error is prejudicial or that an injury occurred.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)