§ 23.02.056. Applications Deemed Withdrawn:

Any application received and processed shall be deemed withdrawn if:

a.

It is determined that the proposed use is not allowable in the land use category where the site is located, pursuant to Table O, Part I of the Land Use Element or the planning area standards of Part II of the Land Use Element; or

b.

It has been held in abeyance or continuance, awaiting the submittal of additional required information by the applicant, and the applicant has not submitted such information within 90 days of:

(1)

The last county notification to the applicant requesting additional information in advance of either a decision to accept the application for processing, or review by the Planning Commission or Board of Supervisors, to which the applicant has not responded; or

(2)

The date of the last Planning Commission or Board of Supervisors consideration of the application.

Prior to an application being deemed withdrawn, a letter shall be sent notifying the applicant of the project's withdrawal and shall also include an explanation of the requirements for refiling. Where a written request from the applicant is received asking that the application package and unused portion of the filing fee be returned, the Planning Director shall return the entire application package to the applicant, including accompanying information and any portion of the filing fee not used in processing up to the point of withdrawal. A withdrawn application may be re-filed at any time, provided that it shall be received and processed as a new application.

[Amended 1995, Ord. 2740]