(A) An improvement location permit for a special exception may not be issued until the application has been approved by the Board and the Zoning Administrator has been notified by the Board of the approval.
(B) Special exceptions may be revoked as follows.
(1) If a person to whom an improvement location permit has been issued for a shopping center or a planned development fails to begin construction within 24 months after the permit is issued, fails to complete 30% of the total plan within 36 months after the permit is issued or within 12 months after construction was begun (whichever period expires later), or fails to comply with the approved plan, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to begin construction on time if in the meantime construction has begun.
(2) If a person to whom an improvement location permit has been issued subject to this chapter fails to comply with the provisions and conditions of the special exception as granted by the Board within 24 months from the date of approval of the special exception, or other period as specified by the Board as a condition of approval of the special exception, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to comply with such provisions if in the meantime construction has begun. If construction has begun, the Board may direct the Zoning Administrator to proceed with enforcement procedures as outlined in this chapter.
(3) In a proceeding to show cause under subsections (1) or (2), the Board shall hold a public hearing, of which written notification shall be published according to law and sent by registered mail to the holder of the permit. This notice must be published and mailed at least ten days before the date set for the hearing.
(4) At the hearing, evidence may be presented by any person present. If on the evidence the Board finds that the holder of the permit has filed as described in subsection (1), it shall revoke the permit. However, if it considers the failure correctable within six months, it may defer revocation and continue the hearing until a specified day within that period.
(C) Upon application by the holder of any improvement location permit for a shopping center or planned development, the Board may change the plan on which the permit is based. The Board shall handle the application as if it were an original application for an improvement location permit for a special exception. If it approves the application, the Board shall notify the Zoning Administrator who shall issue an amended permit reflecting the approved change.
(1985 Code, § 36-7-4-600(6.1))