10.104 Land Use Decision.
(1) A land use decision consists of the Final Order signed by the approving authority based upon the criteria and standards considered relevant to the decision, as well as the facts contained within the record. The decision shall address such relevant criteria, standards and facts relied upon in rendering the decision. A written record of the decision shall be provided to the applicant, any person with standing (if applicable), and kept on file in the Planning Department.
(2) When the proposed land use application is inconsistent with the Comprehensive Plan or this chapter the application is either denied or specific requirements called “conditions” are included with the land use decision which when implemented will bring it into conformance.
(3) Upon receipt of an approved land use decision or upon satisfactory completion of any condition(s) of an approved land use decision that are required prior to building permits, a development permit shall be issued by the Planning Director. Upon issuance of a development permit, the applicant may obtain building permits.
(4) 120 Day Rule. For all Type II and III land use reviews as outlined in Table 10.108-1 below, the city shall arrive at a final decision, including resolution of all appeals, within 120 days from the date the application is deemed complete, unless the applicant requests an extension in writing. The total of all extensions shall not exceed 245 days.
(5) Land Use Approval Required. No person shall subdivide or partition, nor shall any person create any street or road for the purpose of subdividing or partitioning an area or tract of land, or to dispose of, transfer or sell any lot or parcel of land if same constitutes or is part of a process of subdivision or partitioning as herein defined, or to record a final plat thereof without first complying with all of the applicable provisions of this chapter. A building permit shall not be issued for the construction, reconstruction or the alteration, use or occupancy of a structure for which a development permit is required and has not been issued pursuant to this Section unless exempted as per Section 10.200(3) or Subsection (6) below.
(6) Exemptions from Land Use Review.
(a) An exemption from land use review does not exempt the use or development from compliance with the applicable standards of this chapter, including but not limited to access, parking, riparian protection, and landscaping.
(b) The following uses or developments do not require land use review.
(i) An emergency measure resulting from fire, an act of God, or a public enemy or other calamity, which is necessary to protect and save property and lives.
(ii) The reconstruction of a legal main structure or legal accessory structure which has been destroyed by fire, an act of God, or a public enemy or other calamity, and restoration is started within one year from such destruction and is diligently pursued to completion.
(iii) Temporary uses as identified in Section 10.840, Temporary Uses and Structures.
(iv) The erection, construction, alteration, maintenance or termination of a public utility service facility, such as a public safety communication tower.