The planning director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within ninety days of receipt of a complete application. An application may be approved subject to such terms and conditions as deemed appropriate by the planning director to ensure the project meets the land use regulations of the city.
A. Approval. If an application is approved by the planning director, the approval, together with a contract between the applicant and the city regarding the terms and conditions of the project, signed by the applicant, shall be signed by the planning director or designee. Once the contract is fully executed, the planning director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter.
B. Extension of Conditional Certificate. The conditional certificate may be extended by the planning director for a period not to exceed twenty-four consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by a processing fee. An extension may be granted if the planning director determines that:
1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner;
2. The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and
3. All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project.
C. Denial of Application. If the application is denied, the planning director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten days of the denial. An applicant may appeal a denial to the hearing examiner by filing a written appeal within thirty days of notification by the city to the applicant the application is denied. The appeal will be based upon the record made before the planning director with the burden of proof on the applicant to show that there is no substantial evidence on the record to support the planning director’s decision. The decision of the hearing examiner in denying or approving the application is final. (Ord. 3635-18 § 2, 2018.)