(A) Except as provided in division (F) below, zoning, sign and special use permits (including approved site or plot plans) shall expire automatically if, within one year after the issuance of the permits:
(1) The use authorized by the permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of the use; or
(2) Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permits has been completed on the site.
(B) If, after some physical alteration to land or structures begins to take place, the work is intentionally and voluntarily discontinued for a period of not less than 24 months, then the zoning or special use permit authorizing the work shall immediately expire.
(C) The permit-issuing authority (Zoning Administrator, Board of Commissioners or Board of Adjustment, as applicable) may extend for a period up to six months the date when a zoning, sign or special use permit would otherwise expire pursuant to divisions (A) or (B) above if it concludes that: the permit has not yet expired; the permit recipient has proceeded with due diligence and in good faith; and conditions have not changed so substantially as to warrant a new application.
(1) Successive extensions may be granted for periods up to six months upon the same findings.
(2) All the extensions may be granted without resort to the formal processes and fees required for a new permit.
(D) For purposes of this section, the permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when the applicable permit-issuing authority votes to approve the application and issue the permit. A zoning or sign permit within the jurisdiction of the Zoning Administrator is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is delivered to the permit applicant; or
(2) The Zoning Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded, if required under § 153.17.
(E) Notwithstanding any of the provisions of Chapter 161, this section shall be applicable to permits issued prior to the date the UDO becomes effective.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)