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(A) Generally. Applications for development approval and permits must be diligently pursued by the applicant.
(B) Applications subject to inactive and expired application provisions. Table 156.J.002.12-2, Review Steps, denotes the development review applications that are subject to inactive and expired application provisions.
(C) Expiration of inactive applications.
(1) Application. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
(a) The applicant fails to take action; or
(b) The applicant fails to request an extension of time pursuant to division (D), Extension of Time, below.
(2) Development approval. When an action by the applicant is required for further processing of an application for development approval, the application shall become void six months from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
(3) PUD approval. In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the applicant shall file appropriate information detailing the reasons for the delay. The Zoning Administrator shall review the circumstances and prepare a report recommending appropriate action to be taken concerning the PUD. The Plan and Zoning Commission and Council shall review the matter, and may:
(a) Continue the PUD zoning with revised time limits;
(b) Require that appropriate amendments be made or action taken to comply with this section;
(c) Continue with PUD zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or
(d) Initiate rezoning of the entire parcel to an appropriate district, provided, unless subjected to a comprehensive planning analysis, the rezoning is not to a zone more restrictive than the one applied immediately prior to the rezoning to PUD.
(4) Refunds. No refunds of application fees will be issued to applicants whose applications expire pursuant to this subsection.
(D) Extension of time. The time for expiration of an application may be extended by up to six months upon written request of the applicant before the end of the period set out in division (C), Expiration of Inactive Applications, above.
(E) Effect of expiration. Applications that expire shall automatically become null and void, closed, and discarded without further notice or activity by the city. Any application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.
(A) Generally. Applicants shall diligently pursue completion of development projects. Accordingly, this subsection voids unapproved applications for legislative, administrative, and quasi-judicial applications that become stale due to inaction by the applicant. In addition, this subsection allows for an extension of the life of such stale applications and of the expiration deadlines established in Table 156.J.002.12-1, Development Review Summary Table, for approved applications that may expire due to inactivity of the applicant.
(B) Applications subject to approval extension. Table 156.J.002.12-2, Review Steps, denotes the development review applications that are subject to approval extension provisions.
(C) Extension of time.
(1) Request. Prior to the expiration of an approved application or unapproved stale application, the applicant may request in writing an extension of the expiration date of up to six months.
(2) Amendments. If the City Council amends this Zoning Ordinance or adopts other applicable regulations during the period of time when the application was stale, the application shall:
(a) Not be subject to compliance to the new regulations until the original application is considered to be voided; and
(b) Become subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3) Expiration of extension. Approved applications or unapproved stale applications shall expire after the six-month extension lapses if the Zoning Administrator determines that the applicant is not actively pursuing action to complete the development or address comments.
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