(a) Any approvals granted by the Planning Commission, Council, as applicable, or zoning certificates issued by the Community Development Administrator pursuant to Section 1109.03, above, shall expire as set forth herein:
(1) A Zoning Certificate shall expire one (1) year from the date of issuance unless construction has started, or the approved use of the property has commenced. The Community Development Administrator may grant an extension of the zoning certificate for good cause shown upon the request of the applicant. The applicant or other interested party may appeal the Community Development Administrator's decision to the Planning Commission pursuant to Chapter 1117 (Appeals and Variances). If an extension is not granted, a new application shall be filed and the City ordinances and standards in effect on the date the new application is received by the City shall apply. Unfinished construction projects on which no substantial progress has been made for 180 days shall be deemed abandoned, may be declared a nuisance and all approvals shall be null and void.
(2) Development Plans. The Municipality's approval of a Preliminary Plan and Final Plan shall expire as established herein. The Planning Commission or Council may authorize a longer period in the Announcement of Decision, or Planning Commission may grant an extension of time for good cause shown.
A. Preliminary Development Plan. The Preliminary Plan approval shall expire when the project is completed or four (4) years from the date of the plan approval, whichever is less. The approved preliminary development plan shall not be affected by any changes in these Planning and Zoning Code provisions during the approval period.
B. Final Development Plan. The Final Plan approval shall expire when the project is completed or the Preliminary Plan expires, whichever is less. A Construction Documents submittal must be made to the Community Development Administrator prior to the expiration of the Final Plan.
C. Final Development Plan for Multi-phased Project. For multi-phased projects that are submitted and approved in accordance with Section 1111.11, approval of a final development plan for at least the first phase shall be obtained within two (2) years of the preliminary development plan approval. At the time of final development plan approval, for each phase, approval of the preliminary development plan may be extended for up to two additional years to allow continued development of the next phase(s) according to the preliminary development plan.
(3) Construction Documents. The Municipality's approval of Construction Documents shall expire as follows.
A. For minor construction, changes to architectural design and style, and one or two-family dwellings and their accessory uses, Construction Documents approval shall expire one (1) year from the date of approval.
B. For all other single building site projects, the Construction Documents approval shall expire one (1) year from the date of approval; or, if the Preconstruction Meeting is held within one (1) year of plan approval, the Construction Documents approval shall expire one (1) year after the date of the Preconstruction meeting.
C. For major development projects, the Construction Documents approval shall expire one (1) year from the date of plan approval; or, if the Preconstruction Meeting is held within one (1) year of plan approval, the Construction Documents approval shall expire eighteen (18) months after the date of the Preconstruction meeting.
(b) Request for Extension. An applicant may file a written request with the Community Development Administrator for an extension before the expiration of certificate or development plan approval in subsection (a) above. For good cause the Community Development Administrator may approve and extension of one submittal filing deadline and an extension of one construction deadline not to exceed thirty-six (36) months for each. The Planning Commission may approve or approve with conditions, or deny, a second or additional extension for a submittal filing or construction deadline.
(c) Amended Submittal. Any construction, or portion thereof, not yet started at the time of an extension shall conform to the amended submittal and any conditions imposed on the approval of the extension.
(d) Effect of Expiration. Upon expiration of a preliminary development plan approval, no approval of a final development plan shall be granted until the preliminary development plan has been resubmitted and approved as a new preliminary development plan. Such resubmission of an expired preliminary development plan shall be subject to all zoning, subdivision and other regulations that are in effect at the time the new preliminary development plan application is submitted. (Ord. 3273. Passed 5-9-24.)