Approving any application shall be deemed to authorize only the particular use, plan, or other specific activity for which the application was issued. Approvals shall run with the particular land or, in some cases, with the applicant for which approval is given, unless otherwise stated in that approval. Exceptions are zoning text changes and land use interpretations, which will generally apply to more than one parcel of land.
A. Time Limitations: Permitted time frames for an approval shall apply to the applicant and any successive owner(s) of the property involved. Approval times shall expire, and the approval shall become null and void at the times indicated in table 8-14-2-8, "Time Limitations And Extensions", of this section, if any of the following occur:
1. A building permit has not been issued and construction has not commenced to establish the use authorized in the approval of the application.
2. The use does not require a building permit and is not established, ongoing, and in operation.
Application Type | Time Limitation (Months) |
Special use | 121 |
Variance | 61 |
Site plan review in the PR district | 24 |
Preliminary subdivision plat | 12 |
Final subdivision plat | 12 |
Note:
1. Unless specified otherwise in the special use permit or variance approval. The approval may also specify periodic review, at which time the approval could be terminated.
B. Approvals Not Subject To Time Limitations: Any approval not listed in table 8-14-2-8, "Time Limitations And Extensions", of this section, shall not expire upon a specified time limit. Such approvals shall continue in force until superseded by an ordinance change or specific action that alters them.
C. Extensions: Upon written request, a onetime extension may be granted by the decision making body for a period not to exceed the original approval period for good cause shown.
1. The department shall notify all applicants of a pending expiration two (2) months prior to that expiration date of the application.
2. No request for an extension shall be considered unless a written application requesting the extension is submitted to the land use department no later than one month prior to expiration.
3. Failure to submit an application for an extension within the time limits established by this section shall result in the approval's expiration as provided above.
D. Appeals: If there is an appeal or litigation during the time period specified in subsection A of this section, the time limitation shall be suspended until the appeal or litigation is complete. This section does not apply if the litigation is for violation of this title. (Ord. 10-001, 1-12-2010)