The approval of a site plan shall be effective for one year. If construction has not commenced within three hundred sixty-five (365) calendar days after site plan approval, the approval becomes null and void.
(Ordinance 377 adopted 9/11/19)
(a)
Extension of plan approval.
Prior to the lapse of approval for a plan, the applicant may petition the city, in writing, to extend the plan approval. Such petition shall be considered at a public meeting before the ZAPCO and the city council, and an extension may be granted by city council at such meeting. Two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no petition for extension of plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void.
(b)
Determination of extension.
In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the plan at that point in time. The ZAPCO and city council shall either extend the site plan or deny the request, in which instance the originally approved plan shall be deemed null and void. However, the two (2) aforementioned extensions shall not be unreasonably withheld without due cause. The property owner must thereafter submit a new plan application for approval, and shall conform to the regulations then in effect.
(Ordinance 377 adopted 9/11/19)
An approved site plan will lapse due to inactivity if construction is not diligently pursued. A gap of one year in construction work or development activity shall result in the site plan approval expiring.
(Ordinance 377 adopted 9/11/19)