(a) Binding on land. A special use permit or modification of a special use permit shall run with the land covered by the permit or modification. Once construction authorized by a special use permit or modification of a special use permit is started, no development other than that authorized by the permit or modification shall be approved on the land unless the permit or modification is first modified in accordance with section 14-255, or voided or revoked in accordance with the provisions of this section. No special use permit authorizing development of property within a special use district may be abandoned or revoked unless the property is first rezoned to a general use zoning district. If a special use permit is revoked, the zoning of the subject property is automatically returned to its prior zoning classification.
(b) Starting time limit. If the use, construction, or activity authorized by the board of commissioners approval of an application for a special use permit or modification of special use permit is not started within 24 months of the date of approval or within such further time stipulated in the approval, the approval shall expire and any county permit issued pursuant to the approval shall be void. The planning director may grant an extension of the starting time limit for up to 12 months if he/she/they determines the following:
(1) The permit holder submitted the request within 60 days of the starting deadline;
(2) The permit holder has experienced delays out of his/her/their control, such as changing market conditions, inclement weather, newly discovered site constraints, or other factors; and
(3) The permit holder is working in good faith to get started on the project, as evidenced by demonstrable actions to overcome the constraints delaying the project.
In the event that a special use permit is not recorded within 24 months of approval by the board of county commissioners, or construction has not begun within 24 months of the recording of the special use permit, the zoning classification shall revert back to the previous zoning classification. Upon reversion, the current landowner shall be notified of the zoning reclassification by first-class mail.
(c) Completion time limit. If all construction and actions authorized or required by a special use permit or modification of a special use permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the planning director. The planning director may grant a single extension of the time limit for up to 12 months if he determines the following:
(1) The permit holder submitted the request within 60 days of the completion date;
(2) The permit holder has proceeded with due diligence and good faith; and
(3) Conditions have not changed so substantially as to warrant planning board or board of commissioners consideration of the approved development.
If all of the construction actions authorized or required by a special use permit or modification of a special use permit are still not completed by the extended completion date granted by the planning director, the permit holder may, within 60 days of the revised completion date, request additional extensions of the completion time limit from the board of commissioners. The planning board or board of commissioners where appropriate, may grant extensions of the time limit for periods of up to 12 months if it makes the determinations in this subsection.
(d) Abandonment of permit. On request by the holder of a special use permit or modification of a special use permit, the board of commissioners shall approve the abandonment of the permit or modification if it determines that no construction or activity authorized by the permit has been started and the starting time limit has not yet expired; or the development or use authorized by the permit or modification no longer requires a special use permit, and all conditions of the special use permit have been satisfied. In addition, the board of commissioners must determine that the permit holder has submitted a signed affidavit clearly stating the holder's intent to abandon the permit or modification. If the board of commissioners approves the abandonment, it shall not be effective until the affidavit of abandonment is recorded in the office of the county register of deeds.
(e) Revocation of permit. If any conditions of a special use permit or modification of a special use permit, including requirements of this chapter applicable to the permit or modification are violated, the board of commissioners may revoke the permit or modification. The board of commissioners may reinstate a revoked special use permit or modification of a special use permit if it determines that:
(1) The holder of the revoked permit or modification submitted a request for reinstatement to the planning director within 90 days of the revocation;
(2) The violations that were the cause of the revocation have been corrected; and
(3) The development fully complies with all conditions of the permit or modification and all applicable requirements of this chapter.
(Ord. of 7-10-2000, § 6.6; Amend. of 12-1-2008; Amend. - - )