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(a) An approved final site plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final site plan may be transferred to another person, corporation, or group of individuals or corporations. A request for such a transfer or change of ownership shall be presented to the Zoning Administrator and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, final site plan.
(b) All construction and development under any building permit shall be in accordance with the approved, final site plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.
(c) Modification after Approval.
(1) Changes in an approved preliminary or final site plan shall be resubmitted for approval in accordance with this chapter.
(2) Approval by the Planning Commission of a modification or amendment to a previously approved final site plan under the terms and provisions of this chapter shall not extend or alter the time limitation established by Section 1240.13, which time shall continue to be measured from the date of approval of the original, final site plan.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
An approved site plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval.
(a) Preliminary Site Plan. If, at the end of that time, a final site plan has not been submitted to the Zoning Administrator, then approval of the preliminary site plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this chapter.
(b) Final Site Plan. If, at the end of that time, construction of the development has not begun, then approval of such final site plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
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