§ 2.4.4. General procedures pertaining to approval of land use and development applications.

The following provisions apply to various land development applications:

(A)

Initiation of applications. Any person, firm, or corporation owning property within the City who desires to affect a change in the Comprehensive Plan, to change the designation on the Zoning Map, or to seek development approval pursuant to Section 2.4.5, or to obtain a permit or approval pursuant to Section 2.4.6, or to seek relief pursuant to 2.4.7 as it pertains to land under their ownership may make an application for such action. The Local Planning Agency and the City Commission may initiate a development application as it pertains to an amendment to the Comprehensive Plan or to the Official Zoning Map as it pertains to any property within the City.

(B)

Findings upon approval. Prior to the approval of a development application, certain findings must be made in a form which is part of the official record. Article 3.1 sets forth such required findings.

(C)

Imposition of conditions. In granting approval to any development application, the granting body may impose whatever conditions it deems necessary in order to insure:

•

The compatibility of the use with nearby existing and proposed uses.

•

Concurrency.

•

Consistency with objectives and policies of the Comprehensive Plan.

•

The fulfillment of requirements of these Regulations which should have or could have been fulfilled prior to the approval action but which were not, due to conditions beyond the control of the applicant.

•

The fulfillment of requirements of these Regulations which could have been fulfilled prior but remain outstanding; thus, providing that they will be accommodated in a later stage of processing.

However, neither a final subdivision plat nor an abandonment of a right-of-way or an easement shall be approved subject to conditions.

(D)

Establishment of project. All approvals shall be considered established when it meets one of the following tests: [Amd. Ord. 38-08 9/16/08]

(1)

Improvements representing 25 percent of the total cost of all improvements associated with the project approval. [Amd. Ord. 38-08 9/16/08]

(2)

A certificate of occupancy has been issued for use of the property pursuant to the development approval.

(E)

Expiration of approvals.

Deleted (1) and Renumbered [Amd. Ord. 38-08 9/16/08]

(1)

Conditional uses, site plans, site plan modifications, preliminary subdivision plats. All approval expiration dates for Conditional Use, Site Plan, Site Plan Modification, and Preliminary Subdivision Plat shall be determined as follows: [Amd. Ord. 38-08 9/16/08]; [Amd. Ord. 11-06 3/21/06]; [Amd. Ord. 25-05 5/3/05]; [Amd. Ord. 11-05 3/15/05]

(a)

Approvals of Class IV and V Site Plans, Conditional Uses, and Major Conditional Use Modifications shall be valid for a period of 24 months. Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved and established project, shall be considered a new approval and have an additional 24-month approval period. Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved, yet unestablished project, shall be valid until the expiration date for the original Site Plan and/or Conditional Use approval. [Amd. Ord. 38-08 9/16/08]

(2)

Certificates of appropriateness. Certificates of Appropriateness approvals associated with a Site Plan, Site Plan Modification and/or Conditional Use application shall follow timelines provided in Section 2.4.4(E)(1). All approval expiration dates for Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, or Conditional Use shall be determined as follows: [Amd. Ord. 38-08 9/16/08]

(a)

New Certificates of Appropriateness approvals or any revision as defined by Section 4.5.1(E)(2) of an approved and established project shall be valid for a period of 24 months. Any major revision, as defined by Section 4.5.1(E)(2), of an approved, yet unestablished Certificate of Appropriateness, shall be considered a new approval and have an additional 24-month approval period. Any minor revision, as defined by Section 4.5.1(E)(2), of an approved, yet unestablished Certificate of Appropriateness shall be valid for the original Certificate of Appropriateness approval period. [Amd. Ord. 38-08 9/16/08]

(3)

Extensions. Extensions of approved applications may be granted pursuant to LDR Section 2.4.4(F). [Amd. Ord. 38-08 9/16/08]

(4)

Relief from parking requirements, waivers, adjustments. These approvals, associated with a specific development application, shall remain valid for the same period as said development application, do not run with the land, nor are they transferable to another development proposal. [Amd. Ord. 38-08 9/16/08]

(5)

Abandonments, final plats, variances. [Amd. Ord. 38-08 9/16/08]; [Amd. Ord. 46-95 9/5/95]

(a)

Once approved by the City Commission, the final plat must be recorded within 18 months. If the final plat is not recorded within 18 months, the approval expires. [Amd. Ord. 46-95 9/5/95]

(b)

A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. [Amd. Ord. 46-95 9/5/95]

(c)

Abandonments, Final Plats, and Variances are final actions which run with the land. [Amd. Ord. 38-08 9/16/08]

(6)

Master development plans. Master Development Plans approved either by the Planning and Zoning Board or the Historic Preservation Board shall be valid for a period of two years. [Amd. Ord. 23-09 5/19/09]

(F)

Extensions. Extensions may be granted to a project approval listed under Sections 2.4.4(E)(1) and (2) pursuant to the following: [Amd. Ord. 38-08 9/16/08]

(1)

General.

(a)

A written request for an extension must have been received by the City at least 45 days prior to the expiration date;

(b)

The letter must set forth the basis and reason for the extension;

(c)

The extension shall be considered by the same body which granted the original approval;

(d)

The extension, if granted, shall be for 18 months unless otherwise stated;

(2)

Construction has commenced. When there are substantial improvements on the site but the 25 percent establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection (3), which follows, shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. In considering "diligence and good faith", the granting body shall consider: [Amd. Ord. 38-08 9/16/08]

(a)

When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith);

(b)

The extent to which construction has proceeded;

(c)

The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25 percent standard.

(3)

No construction. When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following:

(a)

The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements;

(b)

Additional submittal information including a new application and copies of previously submittal material may be required;

(c)

The granting body must make findings pursuant to Section 2.4.4(B);

(d)

The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval.

(4)

Litigation preventing construction. When a lawsuit is filed against the City, a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review. The extension of time shall be effective until the litigation is concluded. Provided, however, in no event shall the extension of time exceed seven years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F)(1), (2) or (3). The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has been entered. This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 24-month deadline because of financial issues. [Amd. Ord. 24-09 5/19/09]; [Amd. Ord. 10-02 3/5/02]; [Amd. Ord. 59-01 12/4/01]

However, in order to be eligible for an extension of time, the developer, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party to the suit. Except that, Subsection 2.4.4(F)(4) shall also apply to those development applications that were approved by the City prior to the adoption date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation over the approval of the development application has prevented the commencement of construction. In order to qualify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification/documentation to the City within 30 days of the adoption of this ordinance. [Amd. Ord. 10-02 3/5/02]; [Amd. Ord. 59-01 12/4/01]