Unless specified otherwise on the permit or approval document for a specific type of development approval, permits and approvals run with the land and are not affected by changes in ownership or the form of ownership of the property.
Unless specified otherwise in this IDO, the DPM, an IIA, a Development Agreement approved by the City, or the terms attached to a permit or approval, each permit or approval shall be valid for the period of time shown in Table 6-4-3 and shall be of no force or effect after that time has passed, unless any of the following applies.
6-4(X)(2)(a) The period of validity is extended pursuant to Subsection 14-16-6-4(X)(4) (Extensions of Period of Validity) or another provision of this IDO or the DPM.
6-4(X)(2)(b) The applicant, property owner, or an agent of the applicant or property owner has begun construction, use, or occupancy of the property within the time shown in Table 6-4-3 for the relevant type of permit or approval. For the purposes of this Subsection 14-16-6-4(X)(2), construction does not include site grading, but does include the installation of required infrastructure. For additional provisions specific to Site Plans and Master Development Plans, see Subsection 14-16-6-4(X)(3)(a).
6-4(X)(2)(c) On properties that have not been developed pursuant to thresholds established in Subsection 14-16-6-4(X)(3)(a), the applicant, property owner, or an agent of the applicant or property owner has applied to the decision-making body that originally approved the site plan to accelerate the expiration and the decision-making body has agreed to set an accelerated expiration date. The decision-making body that approved the original site plan shall be the decision-making body to repeal the site plan. The decision-making body may specify an expiration date for the site plan as part of the repeal decision; otherwise, the hearing date at which the decision to repeal was made is to be considered the expiration date. For the purposes of this IDO, the repeal shall be pursuant to the Major Amendment procedures in Subsection 14-16-6-4(Y)(3).
Type of Approval | Period of Validity |
Administrative Decisions | |
Archaeological Certificate | Expires with associated development approval |
Building Permit | 1 year |
Declaratory Ruling | Does not expire, unless the section(s) of the IDO to which the ruling relates is amended |
Development Agreement | As stated in Development Agreement |
Grading, Drainage, or Paving Approval | 1 year |
Historic Certificate of Appropriateness – Minor | 1 year |
Impact Fee Assessment | 4 years |
Permit – Sign / Alternative Signage Plan | 1 year |
Permit – Temporary Use | As stated in the Temporary Use Permit |
Permit – Temporary Window Wrap | 6 months, or until 50% or more of the gross floor area of the ground floor is leased, whichever occurs sooner |
Permit – Wall or Fence – Minor | 1 year |
Site Plan – Administrative | 7 years |
Wireless Telecommunications Facility Approval | 5 years |
Decisions Requiring a Public Hearing | |
Conditional Use Approval | 1 year after issuance if use is not begun, or 1 year after use is discontinued or fails to operate |
Demolition Outside of an HPO | N/A |
Expansion of Nonconforming Use or Structure | 1 year |
Historic Certificate of Appropriateness – Major | 1 year |
Historic Design Standards and Guidelines | Does not expire |
Master Development Plan | 7 years |
Permit – Carport | 1 year |
Permit – Wall or Fence – Minor | 1 year |
Site Plan – EPC | 7 years |
Subdivision of Land – Bulk Land | Does not expire once timely recorded |
Subdivision of Land – Minor | Does not expire once timely recorded |
Subdivision of Land – Major | |
Preliminary Plat | 1 year |
Final Plat | Does not expire once timely recorded |
Vacation of Easement, Private Way, or Public Right-of-way | 1 year, if not platted |
Variance – EPC | Expires with associated Site Plan |
Variance – ZHE | 1 year |
Waiver – DHO | 1 year, if not platted / Expires with associated Site Plan |
Waiver – Wireless Telecommunications Facility | Does not expire |
Policy Decisions | |
Adoption or Amendment of Comprehensive Plan | Does not expire |
Adoption or Amendment of Facility Plan | Does not expire |
Adoption or Amendment of Historic Designation | Does not expire |
Amendment to IDO Text – Citywide | Does not expire |
Amendment to IDO Text – Small Area | Does not expire |
Annexation of Land | Does not expire |
Zoning Map Amendment – EPC | Does not expire |
Zoning Map Amendment – Council | Does not expire |
1. Site Plan - Administrative
If the Site Plan was approved for land on which on-site infrastructure did not exist at the time of approval, then at least 50 percent of the site area or 50 percent of the approved gross floor area has been developed.
2. Site Plan - EPC or Master Development Plan
a. If the Site Plan or Master Development Plan was approved for land on which on-site infrastructure did not exist at the time of approval, then at least 75 percent of the required on-site drainage infrastructure for the property, or if the Plan defines more than one phase of development, then for the first defined phase, has been installed.
b. If the Site Plan or Master Development Plan was approved for land on which at least 75 percent of required on-site drainage infrastructure was in place at the time of approval, then at least 25 percent of the approved gross floor area for primary buildings on the property, or if the Plan defines more than one phase of development, then for the first defined phase, has been constructed.
6-4(X)(3)(b) Any permit or approval of a type listed in Table 6-4-3 that was approved by the City before the effective date of this IDO, shall expire on 1 of the following dates, whichever occurs sooner:
1. The date listed in that permit or approval or in any regulation of the City establishing an expiration of the permit or approval that was applicable before the effective date of this IDO.
2. The date on which that type of permit or approval would expire if it were approved by the City on the effective date of this IDO.
1. For each permit or approval for which Table 6-4-3 shows an expiration period, except an impact fee assessment or a Site Plan, the original decision-making body may approve 1 extension of validity for good cause shown for a time not to exceed the original period of validity for that permit or approval, provided that both of the following requirements are met.
a. The applicant or property owner submits a written request for the time extension before the expiration of the original permit or approval with the Planning Director.
b. The extension is considered and a decision made by the same decision-making body as the initial approval, except that no public hearing shall be required, if one would have been required under the IDO for the initial approval.
2. If an application to extend the validity of a permit or approval listed in Table 6-4-3 is received before the permit or approval expires, but the decision-making body authorized to grant an extension does not meet between the date of the application and the date on which the permit or approval expires, the period of validity shall automatically be extended until the next meeting date of the body authorized to grant an extension.
3. Impact fee assessments and any Permit - Sign for an electronic sign may not be extended.
1. The decision-making body that originally approved the Site Plan may grant 1 extension of validity for a time not to exceed the original period of validity if it determines that at least 1 of the following provisions applies.
a. The Site Plan is still consistent with current or desired conditions on the property and surrounding areas and the owner intends to fully develop the site according to the Site Plan.
b. There is little flexibility in how the site can be developed.
c. There is a strong architectural or landscaping character on the site that should be preserved and that development according to the Site Plan will preserve that architectural or landscaping character.
2. An extension of an approved Site Plan - EPC for phased development of the site may be approved if the EPC determines that all of the following provisions apply.
a. At last 50 percent of the first phase has been developed.
b. The extension of the Site Plan is for later phases of the Site Plan.
c. The Site Plan as previously approved is likely to be built in the future.
3. Any extension of a Site Plan - EPC shall require a new meeting with the EPC and may require an update of any Traffic Impact Study (TIS) prepared for that Site Plan if the prior TIS is more than 5 years old and the City Engineer determines that background or anticipated traffic volumes or patterns in the surrounding area have changed since the TIS was prepared.
In addition to the general provisions in Subsection (a) above, additional extensions for Preliminary Plats may be granted by the DHO for good cause, but the Preliminary Plat may be required to come into compliance with any applicable standards adopted since the application was submitted.