(a) A local governmental entity shall issue a written determination approving or denying an application submitted pursuant to § 65-13-601 within thirty (30) days after receipt of a complete application.
(b) A denial must identify the specific basis for the denial and the property interest or use that would be materially and substantially interfered with as a result of the proposed construction.
(c) If a local governmental entity denies an application or approves an application subject to conditions pursuant to § 65-13-602, then an operator may appeal the denial or a condition imposed by the local governmental entity to the authority. The authority may:(1) Uphold, modify, or invalidate the denial or a condition imposed after consideration of the appeal in accordance with § 65-13-703;(2) Provide the operator with an opportunity to cure or comply with each specified defect or condition specified in a denied or conditionally approved application; or(3) If the authority determines that the operator and local governmental entity are at an impasse after good faith negotiations, proceed to exercise its power pursuant to § 65-13-706.
(1) Uphold, modify, or invalidate the denial or a condition imposed after consideration of the appeal in accordance with § 65-13-703;
(2) Provide the operator with an opportunity to cure or comply with each specified defect or condition specified in a denied or conditionally approved application; or
(3) If the authority determines that the operator and local governmental entity are at an impasse after good faith negotiations, proceed to exercise its power pursuant to § 65-13-706.
(d) The authority shall:(1) In reviewing an appealed application, consider whether the basis for the denial or conditional approval was reasonably necessary to protect the present or reasonably foreseeable use of the property; and(2) Upon completion of the appeals process prescribed under this section and by rule of the authority, issue an order that is final for purposes of § 65-13-607.
(1) In reviewing an appealed application, consider whether the basis for the denial or conditional approval was reasonably necessary to protect the present or reasonably foreseeable use of the property; and
(2) Upon completion of the appeals process prescribed under this section and by rule of the authority, issue an order that is final for purposes of § 65-13-607.