§ 10.5-112. Inspection of premises by division of development services; certification of compliance, noncompliance; conflicting applications.

Upon receipt of a completed application, the division of development services or any person designated by the county administrator, shall inspect the proposed location of the adult use and, within nine (9) days, notify the applicant of a certification of compliance or noncompliance. The division of development services may extend that period of time, at the request of the applicant, for purposes of clarification of issues raised by the review but in no event for a period of time in excess of twenty (20) days.

(1)

Certification of noncompliance :

a.

Where it is found that the location proposed in the application does not meet the distance requirements of subsection 10.5-109(a) of this division or is one where a valid adult use exists or is one where a valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirements of subsection 10.5-109(b) of this division from the proposed location, the applicant shall be notified of the certification of noncompliance of the proposed location with the locational requirements of this division.

b.

Upon receipt of the certification of noncompliance, the applicant shall have ten (10) days to appeal the decision on noncompliance pursuant to the provisions of section 10.5-115 below.

c.

Permits issued to existing nonconforming adult uses shall be valid only until the expiration of the one-year period provided for in section 10.5-114 below.

(2)

Certification of compliance :

a.

Where it is found that the applicant's proposed location meets the distance requirements of subsection 10.5-109(a) of this division and where no valid adult use exists or where no valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirements of subsection 10.5-109(b) from the proposed location, the applicant shall be notified of the certification of compliance of the proposed location with the locational requirements of subsections 10.5-109(a) and (b).

b.

Upon notification, the applicant shall have twenty (20) days to obtain the adult use permit, signed by the director of the division of development services or his designee. Failure to obtain that permit within the twenty-day time period invalidates the certification of compliance and the applicant must reapply.

(3)

Conflicting applications :

a.

The Polk County Board of County Commissioners recognizes the potential of creating nonconformities by granting adult use permits that conflict. The division of development services shall develop a system for tracking potentially conflicting applications and for ranking them by date and time of application/date of establishment.

Between two (2) applications being processed at the same time, which individually qualify under subsections 10.5-109(a) and (b), but would violate the provisions of subsection 10.5-109(b) if both were to receive permits, the applicant whose application was completed at the earliest date, as provided for in section 10.5-111 shall be notified that his/her proposed location has been certified in compliance pursuant to the provisions of subsection 10.5-112(2) of this division.

The conflicting applicant shall be notified of his/her application's certification of noncompliance pursuant to the provisions of subsection 10.5-112(3) of this division with a notation that the noncompliance was due to the earlier submittal of a conflicting application.

b.

The first applicant who has received the certification of compliance shall have twenty (20) days to secure the adult use permit, signed by the director of development services. Upon lapse of the period of validity of the certification of compliance, pursuant to the provisions of subsection 10.5-112(2)b. the applicant must reapply.

c.

Any applicant who has received a certification of noncompliance pursuant to the provisions of subsection 10.5-112(3) of this division may use his/her prior application date in a resubmission for the purposes of establishing priority if the original application was made no more than seven (7) months previous. Otherwise, he/she must reapply.

(Ord. No. 92-25, § 21(C), 9-1-92; Ord. No. 01-05, § I, 2-13-01)