A. Upon receipt of an application for a permit or license for a SOB, the City Manager or the designee thereof shall determine within 28 days whether the application is complete. Whether an application is complete shall be determined as specified in LMC 18A.02.152 for permits, as specified in LMC 5.16.040 for adult cabaret licenses, as specified in LMC chapter 5.02 for SOB bookstores, and as specified in LMC 5.20.070 for SOBs applying for panoram, preview, picture arcade or peep show license. Should an application for a SOB license or permit be determined to be incomplete, the City Manager or designee shall notify the applicant in writing within the twenty-eight (28) day time frames stated above and describe the specific information necessary to complete the application. Should the City fail to request additional information or determine that an application is incomplete within the time frames specified in this section, the application shall be deemed complete and processed, accepted, denied, modified or conditioned within the time periods set forth in sub-sections (B) and (C) below.
B. Upon receipt of a completed application for a new SOB business license, the City Manager or designee thereof shall determine whether the application complies with all requirements of the Lakewood Land Use and Development Code, LMC Title 5 and this chapter. The City Manager or Designee shall determine compliance within thirty-five (35) days after receiving a completed application.
C. Upon receipt of a completed application for a permit related to a SOB land use, the City manager or designee thereof shall determine whether the permit application complies with all requirements of the Lakewood Land Use and Development Code and this title. The City Manager or designee shall determine compliance within one hundred and twenty (120) days of the receipt of the completed application based upon information contained within the application, the boundaries of the SOBO zone, and public records available to the City at the time of receipt of the application. Determinations related to SOB permit applications shall be processed in the same manner as any other completed permit application received by the City, however determinations regarding completed SOB permit applications must be made within one hundred and twenty (120) days of the receipt of the completed application.
D. Should the City fail to make a determination of zoning compliance or fail to specifically approve, condition, modify or deny a completed application for an SOB-related license or permit within the time frames set forth above, the SOB application will be assumed to be in conformity with all applicable zoning requirements. This presumption shall have the effect of making the application or permit a lawful and vested land use even if the City erred by failing to make a determination or by failing to deny, accept, condition or modify a license or permit.
E. Should a SOB that obtained a de facto license or permit as described above be found not to comply with applicable zoning or development regulations, the SOB land use shall obtain nonconforming status through the vested permit or application. [Ord. 358 § 6, 2004.]