For the purpose of this appendix, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property in the city, or his attorney-in-fact, who applies for a special permit pursuant to this appendix.
COURTESY NOTICE. A notice of a public hearing sent by the city as a courtesy to abutting landowners. The failure to send a COURTESY NOTICE for whatever reason shall not be deemed to be a procedural defect or to be a valid basis upon which a person, partnership, corporation or other legal entity may seek to invalidate any proceedings of the City Commission or the Planning and Zoning Commission with regard to an application to issue a special permit pursuant to this appendix. The city shall be under no duty to send a COURTESY NOTICE to any person, partnership, corporation, or other legal entity.
DATE OF NOTICE OF A CHANGE IN A LAND DEVELOPMENT REGULATION. The date on which a notice of a public hearing on a proposed change in a land development regulation was first published in a newspaper of general circulation. If the change in a land development regulation subject to a notice of a change in a land development regulation is immediately preceded by a period in which a moratorium, stop-gap zoning, or interim zoning ordinance existed which limited the ability of the applicant or the applicant's predecessor in interest to request changes in the pre-existing development regulation, then the date of notice of a change in a land development regulation shall be the date on which a notice of a public hearing on the proposed predecessor moratorium, stop-gap zoning, or interim zoning ordinance was first published in a newspaper of general circulation.
DEVELOPMENT ORDER. Any order granting, with or without conditions, a development permit, including any building permit, zoning permit, rezoning, subdivision approval, site plan approval, special exception, conditional use, certification, variance, or any other official action of the city having the effect of permitting any type, level, nature, density, intensity, or other form of development of land.
INVESTMENT-BACKED EXPECTATION. The expenditure of substantial sums of money by the applicant which cannot be recovered by the applicant, or an irreversible and substantial change of position that imposes on the applicant an obligation to expend sums of money in the future.
LAND DEVELOPMENT REGULATION. A provision that has an adverse and material effect upon the applicant's claim to a vested right to commence and construct a specific type, level, nature, density, intensity, or other form of development, and which is for the regulation of any aspect of development; including any city zoning, rezoning, subdivision, building construction, site planning, sign regulation, or any other regulation controlling the development of land.
NEWSPAPER OF GENERAL CIRCULATION. A newspaper primarily printed in the English language, which newspaper is readily available for purchase by inhabitants of the city; but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. A newspaper of general circulation must be entered or qualified as second-class matter at a post office within the county; shall have been in existence for one year or more; and shall be published periodically at least once a week or more often.
(Ord. 241, passed 11-27-85)