§ 9803.1. Application withdrawal.

Upon the filing of a written request, an applicant for any request may withdraw any application prior to a decision being rendered by the reviewing body. Application fees shall be refunded after a withdrawal in accordance with the following schedule:

A.

After a case has been filed and application fees paid, but prior to the case being deemed complete by the department of planning and community development, the applicant shall be entitled to a refund of eighty (80) percent of the filing fee, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

B.

After a case has been deemed complete, but prior to mailing of the legal notice or notice to abutting property owners, the applicant shall be entitled to a refund of fifty (50) percent of the filing fees, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

C.

No refund shall be given when an application is withdrawn after the mailing of the legal notice or notice to abutting property owners.

D.

The department of planning and community development may close a development application and refund the filing fees in accordance with section 9803.1(A)(B) and (C), if no effort has been made within a reasonable period of time as determined by the director of planning and community development, to remedy the deficiencies which make the case incomplete, and the applicant has been given thirty (30) days' notice of the department's intent to close the case.

E.

If the city consultant costs associated with the processing of an application exceed the amount of the filing fees paid by the applicant, the applicant shall be responsible for paying these additional costs.

(Ord. No. 160, §§ 1, 2, 5-24-89)