§ 153.246 EFFECT OF APPROVAL OR DENIAL.
   (A)   Approval of the planned unit development permit by the city council authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the city may require for the proposed planned unit development. The city administrator, or his/her designee, shall review applications for these permits for compliance with the terms of the planned unit development permit granted by the city council. No permit shall be issued for development which does not comply with the terms of the planned unit development permit.
   (B)   The city council shall direct the city administrator to revise the official zoning map to reflect the existence and boundaries of each planned unit development.
   (C)   Subject to division (G) below, an approval of a planned unit development permit by the city council shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned unit development within 12 months after the date of adoption of the ordinance approving the planned unit development permit.
   (D)   Subject to division (G) below, an approval of a planned unit development permit by the city council shall be null and void if construction has not commenced within 24 months, and is not completed within 30 months after the date of adoption of the ordinance approving the planned unit development permit.
   (E)   Subject to division (G) below, an approval of a planned unit development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.
   (F)   An approval of a planned unit development permit with a master development plan shall be null and void if construction has not commenced or is not completed in accordance with the terms and conditions contained in the development master plan.
   (G)   An extension of the time requirements stated in divisions (C), (D), and (E) of this section may be granted by the city council for good cause shown by the applicant, provided a written request is filed with the city at least four weeks prior to the respective deadline.
   (H)   A planned unit development permit shall be null and void if the use or combination of uses for which the approval was granted ceases for a consecutive period of one year.
   (I)   No application for a planned unit development which was previously denied by the city council shall be considered by the planning and zoning commission or the city council if it is resubmitted in substantially the same form and/or content within one year of the date of such prior denial. In this regard:
      (1)   The city administrator shall review the application for a planned unit development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the city council to appeal the determination of the city administrator that the application is substantially the same, provided a petition for appeal is filed in writing with the city administrator within ten days of the city administrator's determination.
      (2)   The city council shall affirm or reverse the determination of the city administrator, regarding whether the new application is in substantially the same form, within 30 days of receipt of a petition for appeal.
      (3)   If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the zoning code.
(Ord. O-37-15, passed 10-6-15)