A.R.S. tit. 11 ch. 11 — Arizona Revised Statutes Title 11 Chapter 11 — County Regulations

11-1601. Definitions In this article, unless the context otherwise requires: 1. "Design-build" means a construction project delivery system in which the design and construction aspects are contracted for with a single entity known as the design-builder or design-build contractor, and in which the system is used to minimize the project risk for an owner and to reduce the delivery schedule by overlapping the design phase and construction phase of a project entity. 2. "Fire and life safety inspection" means an inspection of a regulated person or facility conducted to ensure fire safety compliance. 3. "Food and swimming pool inspection" means an inspection of a regulated person conducted to ensure the safety of food services, swimming pools and other bathing places. 4. "License" includes the whole or part of any county permit, certificate, approval, registration, charter or similar form of permission required by law. 5. "Licensing" includes the county process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. 6. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character. 7. "Request for corrections" means a request for technical or clarifying corrections from an applicant who has submitted an administratively complete application for a license. 8. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a county's current approach to, or opinion of, the requirements of the ordinances or regulations, including, if appropriate, the county's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and that do not impose additional requirements or penalties on regulated parties or confidential information. 9. "Working day" means a twenty-four hour period excluding weekends and legal holidays. 11-1602. Regulatory bill of rights To ensure fair and open regulation by counties, a person: 1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12-348. 2. Is entitled to receive information and notice regarding inspections as provided in section 11-1603. 3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11-1604. 4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11-1605. 5. Is entitled to receive written or electronic notice from a county on denial of a license application that: (a) Justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11-1605. (b) Explains the applicant's right to appeal the denial as provided in section 11-1605. 6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11-1606. 7. May inspect all ordinances, regulations, rules and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11-1607. 8. Unless specifically authorized, may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11-1604. 9. May file a complaint with the board of supervisors concerning an ordinance, regulation, rule or substantive policy statement that fails to comply with this section. 10. As provided in section 11-1604, is entitled to have a county not request or initiate discussions about waiving any of the rights prescribed in this section. 11. May participate in the rule development process as provided in section 11-251.18, including providing written or verbal comments on proposed rules to a county department or agency and having the agency or department address comments as provided in section 11-251.18. 11-1603. Inspections; applicability A. A county inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall: 1. Present photo identification on entry of the premises. 2. On initiation of the inspection, state the purpose of the inspection and the legal authority for conducting the inspection. 3. Disclose any applicable inspection fees. 4. Except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection, afford an opportunity to have an authorized on-site representative of the regulated person accompany the county inspector or regulator on the premises, except during confidential interviews. 5. Provide notice of the right to have: (a) Copies of any original documents taken from the premises by the county during the inspection if the county is permitted by law to take original documents. (b) A split or duplicate of any samples taken during the inspection if the split or duplicate of any samples, if appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive. (c) Copies of any analysis performed on samples taken during the inspection. 6. Inform each person whose conversation with the county inspector or regulator during the inspection is tape recorded that the conversation is being tape recorded. 7. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report. B. On initiation of, or two working days before, an inspection of any premises of a regulated person, except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection that has up to one working day after an inspection, a county inspector or regulator shall provide the following in writing or electronically: 1. The rights described in subsection A of this section. 2. The name and telephone number of a county contact person available to answer questions regarding the inspection. 3. The due process rights relating to an appeal of a final decision of a county based on the results of the inspection, including the name and telephone number of a person to contact within the county and any appropriate municipality, county or state government ombudsman. C. A county inspector or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing and is notified of the regulated person's or on-site representative of the regulated person's inspection and due process rights. The county shall maintain a copy of this signature with the inspection report. Unless the regulated person at the time of the inspection is informed how the report can be located electronically, the county shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section, the county inspector or regulator shall note that fact on the writing. D. A county that conducts an inspection shall give a copy of, or provide electronic access to, the inspection report to the regulated person or on-site representative of the regulated person either: 1. At the time of the inspection. 2. Notwithstanding any other state law, within thirty working days after the inspection. 3. As otherwise required by federal law. E. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the county may provide the regulated person an opportunity to correct the deficiencies unless the county determines that the deficiencies are: 1. Committed intentionally. 2. Not correctable within a reasonable period of time as determined by the county. 3. Evidence of a pattern of noncompliance. 4. A risk to any person, the public health, safety or welfare or the environment. F. If the county allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the county when the deficiencies have been corrected. Within thirty working days of receipt of notification from the regulated person that the deficiencies have been corrected, the county shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance, unless the determination is not possible due to conditions of normal operations at the premises. If the regulated person fails to correct the deficiencies or the county determines the deficiencies have not been corrected within a reasonable period of time, the county may take any enforcement action authorized by law for the deficiencies. G. A county decision pursuant to subsection E or F of this section is not an appealable county action. H. At least once every month after the commencement of the inspection a county shall provide the regulated person with an update, in writing or electronically, on the status of any county action resulting from an inspection of the regulated person. A county is not required to provide an update after the regulated person is notified that no county action will result from the county's inspection or after the completion of county action resulting from the county's inspection. I. This section does not authorize an inspection or any other act that is not otherwise authorized by law. J. This section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. This section does not apply: 1. To criminal investigations and undercover investigations that are generally or specifically authorized by law. 2. If the county inspector or regulator has reasonable suspicion to believe that the regulated person may be or has been engaged in criminal activity. 3. To inspections by a county board of health or a local health department pursuant to section 36-603. K. If a county inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or is a civil penalty of more than one thousand dollars. L. Failure of a county employee to comply with this section: 1. Constitutes cause for disciplinary action or dismissal pursuant to chapter 2, article 10 of this title. 2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty. M. A county may adopt rules or ordinances to implement this section. N. This section: 1. Shall not be used to exclude evidence in a criminal proceeding. 2. Does not apply to a county inspection that is requested and scheduled by the regulated person. 11-1604. Prohibited acts by county and employees; enforcement; notice A. A county shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition. B. Unless specifically authorized, a county shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable. C. This section does not prohibit county flexibility to issue licenses or adopt ordinances or codes. D. A county shall not request or initiate discussions with a person about waiving that person's rights. E. This section may be enforced in a private civil action and relief may be awarded against a county. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a county for a violation of this section. F. A county employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the county's adopted personnel policy. G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02. H. A county shall prominently print the provisions of subsections A, B, C, D, E, F and G of this section on all license applications. I. The licensing application may be in either print or electronic format. 11-1605. Licensing time frames; compliance; consequence for failure to comply with time frame; exemptions; definitions A. For any new ordinance or code requiring a license, a county shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the county's website or the website of an association of counties if the county does not have a website. B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the county's website or the website of an association of counties if the county does not have a website. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public. C. In establishing time frames, counties shall consider all of the following: 1. The complexity of the licensing subject matter. 2. The resources of the county. 3. The economic impact of delay on the regulated community. 4. The impact of the licensing decision on public health and safety. 5. The possible use of volunteers with expertise in the subject matter area. 6. The possible increased use of general licenses for similar types of licensed businesses or facilities. 7. The possible increased cooperation between the county and the regulated community. 8. Increased county flexibility in structuring the licensing process and personnel including: (a) Adult businesses and other licenses that are related to the first amendment. (b) Master planned communities. (c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects. 9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other noncounty licenses or to participate in meetings as required by law. D. A county shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic notice of administrative completeness or deficiencies. E. If a county determines that an application for a license is not administratively complete, the county shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the county issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the county receives the missing information from the applicant. The county may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the county, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. F. If a county does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a county issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the county. A county may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the county, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. G. During the substantive review time frame, a county may make one comprehensive written or electronic request for corrections. If the county identifies legal requirements that were not included in the comprehensive request for corrections, the county may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. If the permit sought requires approval of more than one department of the county, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the county may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a county issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the county receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to a request for corrections and may have no more than an additional fifty per cent of the substantive review time frame as established by the county for that license to grant or deny the license, a county may make one additional comprehensive written or electronic request for corrections. Nothing shall prevent communication between a county and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. A county may consider an application withdrawn if, by thirty days or longer after the date of notice, as established by the county, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. H. Nothing shall prevent the county from continuing to process the application during the suspension of the substantive review time frame and overall time frame. I. By mutual written or electronic agreement, a county and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty per cent of the overall time frame. J. Unless a county and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a county shall issue a written or electronic notice granting or denying a license to an applicant. If a county denies or withdraws an application for a license, the county shall include in the written or electronic notice at least the following information: 1. Justification for the denial or withdrawal with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial or withdrawal is based. 2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a county contact person who can answer questions regarding the appeals process. 3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated. K. If a county does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The county shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The county shall continue to process the application. Notwithstanding any other statute, the county shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by the applicant. L. If an application for a license is denied because revisions or corrections were not submitted or considered within the allowed time frame, or withdrawn, and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the county shall not assess any additional fees that exceed fifty per cent of the original application fees that have not been refunded to the applicant provided that the application is submitted before the time of destruction of the original application file pursuant to section 41-151.15. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. M. This section does not apply to a license that is either: 1. Issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance. 2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community. N. For the purposes of this section: 1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long-range, multiphase master plan providing comprehensive land use planning and staged implementation and development. 2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. 11-1606. License application process A county that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license: 1. A list of all of the steps the applicant is required to take in order to obtain the license. 2. The applicable licensing time frames. 3. The name and telephone number of a county contact person who can answer questions or provide assistance throughout the application process. 4. The website address and any other information, if applicable, to allow the regulated person to use electronic communication with the county. 5. Notice that an applicant may receive a clarification from the county of its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement as provided in section 11-1609. 11-1607. Directory of documents The county shall publish, or prominently place on the county website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, regulations, rules, and substantive policy statements. The county shall keep copies of this directory and all substantive policy statements at one location. The directory, ordinances, regulations, rules, substantive policy statements and any materials incorporated by reference in these documents shall be open to public inspection at the office of the county or the county website. 11-1608. Complaints; procedures A. The board of supervisors shall establish a procedure for receiving complaints from an adversely affected person concerning ordinances, rules, regulations, substantive policy statements or county practices alleged to violate this article or section 11-251.18. B. The board of supervisors may require the complaint to be made in writing and to include the following information: 1. The name and address of the adversely affected person making the complaint. 2. The ordinance, rule, regulation, substantive policy statement or county practice alleged to violate this article or section 11-251.18. 3. Any facts relevant to, and the legal basis for, the complaint. C. Procedures adopted by the board of supervisors pursuant to this section shall include reasonable time frames to address complaints and shall provide a process for appeal. 11-1609. Clarification of interpretation A. An applicant for a license subject to this article may request a county to clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement affecting the procurement of that license by providing the county with a written request that states: 1. The name and address of the applicant requesting the clarification. 2. The statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification. 3. Any facts relevant to the requested ruling. 4. The applicant's proposed interpretation of the applicable statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification. 5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the county in connection with an existing license or license application. B. On receipt of a request that complies with subsection A, the county may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The county shall provide the applicant with an opportunity to meet and discuss the county's written explanation. C. The county may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the board of supervisors or a court decision. 11-1610. Exemptions This article does not apply to: 1. A county function, power or duty to the extent that it is subject to title 49, chapter 3, article 3. 2. An ordinance, regulation or substantive policy statement that relates to only the internal management of a county and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public. 3. An ordinance, regulation or substantive policy statement that relates to only the physical servicing, maintenance, operation or care of county owned or operated facilities or property. 4. An ordinance, regulation or substantive policy statement that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the county or a patient admitted to an institution or treatment center pursuant to court order. 5. An ordinance, regulation or substantive policy statement that relates to a county contract. 6. A design-build project in which, at the request of the applicant, the county agrees to exempt the project from this article. If there is no such agreement, all of the requirements of this article apply. 11-1611. Limitation on regulatory actions; health, safety and welfare; goods and services; definitions A. Unless authorized by federal, state or local law a county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field. B. Unless authorized by federal, state or local law, a county may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer. C. For the purposes of this section: 1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services. 2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services. 11-1612. Regulation of occupation, trade or profession; notice; hearing; exemptions; definition A. A county may not impose an occupational licensing requirement on any occupation, trade or profession unless the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public. B. Beginning August 3, 2018, a county may not impose an occupational licensing requirement on any occupation, trade or profession on which the county has not previously imposed a fee, requirement or other regulation unless the county adopts the occupational licensing requirement pursuant to the procedures prescribed in subsection C of this section and demonstrates that the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public. C. Before adopting an occupational licensing requirement on any occupation, trade or profession, a county shall hold at least one public hearing on the proposed occupational licensing requirement. The county shall publish notice of the time and place of the public hearing on the occupational licensing requirement, including a general explanation of the matter to be considered, as provided by section 39-204. In cases of occupational licensing requirements enacted on behalf of a private person, the private person shall pay the expense of publication and may designate the newspaper. D. If the county adopts an occupational licensing requirement pursuant to this section, the county shall determine and establish administrative rules and procedures for the application and enforcement of the occupational licensing requirement. The county may: 1. Assign or delegate administrative powers and duties to any agency, as necessary. 2. Create administrative agencies. 3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work. E. A county that does not adopt an occupational licensing requirement is not prohibited from adopting an occupational licensing requirement in the future if the county follows the procedures in subsection C of this section when reconsidering the requirement. F. An occupational licensing requirement adopted pursuant to this section shall terminate five years after its adoption unless the county continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires. G. An occupational licensing requirement that is in effect on August 3, 2018 shall terminate August 3, 2023 unless the county continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires and demonstrates the occupational licensing requirement is necessary to protect the health, safety or welfare of the public. H. This section does not apply to an occupational licensing requirement on an individual who works or seeks employment in a lawful occupation, trade or profession at: 1. A structured sober living home as defined in section 11-269.18. 2. An establishment that provides an adult service as defined in section 11-811. 3. An adult oriented business as defined in section 11-811. 4. A public airport under title 28, chapter 25. I. For the purposes of this section, "occupational licensing requirement": 1. Means: (a) A rule, regulation, practice or policy that is adopted by a county and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession. (b) A fee or tax that a county imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession. 2. Does not include: (a) A business license, facility license, building permit or zoning and land use regulation. (b) Any license or regulation that is required by federal law. 11-1613. Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity A. Notwithstanding any other law, if a county requires a license or permit for any free speech or assembly activity or any activity that changes the use, appearance or density of a structure or land, the county shall specify in clear and unambiguous language the criteria for granting the license or permit, unless criteria are established by existing state or federal law. B. A county shall approve or deny application submittals for the activities prescribed in subsection A of this section within sixty days after a submittal is deemed administratively complete pursuant to section 11-1605 unless another time frame is specified by a county ordinance or state or federal law. If the county does not take action on a submittal within the applicable time frame, the submittal is deemed approved, unless the submittal is incomplete, the county provides notice pursuant to section 11-1605 and the applicant fails to complete the submittal. C. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection A of this section, the court, without deference to a previous determination made by the county, shall determine whether the approval criteria language is clear and unambiguous.