5.3.9. CRITERIA FOR REVIEW AND DECISION.
A. Where this UDO does not list additional or more specific criteria for the review and approval of applications, the application may be approved if the decision-maker determines that the application complies with all applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, the Comprehensive Plan, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.
B. Where Section 146-5.4 of this UDO lists specific criteria for the approval of an application, the decision-maker identified in Table 146-5.2-1 may only approve the application if it finds that those criteria have been met.
C. In addition to any criteria listed for approval listed in Section 146-5.4 of this UDO, any permit or approval under this UDO may denied to an applicant who:
1. Has not complied with all relevant statutory, charter, and ordinance requirements.
2. Has failed to pay all fees, charges, taxes, special assessments, and other debts or obligations that are due from the applicant and payable to the City regarding any matter.
3. Is not in compliance with representations made at public hearing or conditions regarding previous City approvals that have been granted to the applicant for any matter.
D. The City is authorized to consider the past performance of the applicant in complying with City laws, regulations, and approvals. The Planning and Zoning Commission may deny, or recommend denial, of an application based on past performance of the applicant, and City Council may deny an application based on past performance of the applicant. Examples of past performance that may justify conditioning or denials of applications include but are not limited to:
1. Evidence of false or misleading statements in application materials or public hearings;
2. Evidence of bad faith in interactions with the public, property owners, stakeholders, or City staff or appointed or elected officials;
3. Evidence of failure to construct projects previously approved by the City in accordance with the terms and conditions of approval;
4. Noncompliance with all relevant statutory, charter, and ordinance requirements; or
5. Failure to pay all fees, charges, taxes, special assessments, and other debts or obligations that are due from the applicant and payable to the City regarding any matter.
E. The Planning Director and other administrative officials of the City are authorized to withhold permits and approvals under this UDO and to withhold building permits on any project when the Director has determined that the applicant or developer is in violation of any requirement, condition, or representations made at a public hearing relating to a previous development.
F. The Director of Public Works is authorized to withhold building permits on any project when the Planning Director has determined that the applicant or developer thereof is in violation of any requirement, condition, or representations made at a public hearing relating to a previous development. The Director of Public Works shall not release building permits until the Planning Director is satisfied that the applicant has provided sufficient safeguards to assure compliance with City requirements within a reasonable time after the City approval. (Ord. No. 2019-49 § 1, 08-19-2019)