(A) Zoning permits, special use permits, conditional use permits, and sign permits shall expire automatically if, within two years after the issuance of such permits (i.e., the “vested period”):
(1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or
(2) Less than 10% of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to a phased development (§ 152.056), this requirement shall apply only to the first phase.
(B) If a physical alteration to land or structures begins to take place following the 24 month vested period (see “vested period” in division (A) above) and if such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire; however, expiration of the permit shall not affect the provisions of § 152.058.
(C) The permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may, pursuant to divisions (A) or (B) above, extend the date when a permit would otherwise expire (i.e., extend the vested period) if said authority concludes that:
(1) The permit has not yet expired;
(2) The permit recipient has proceeded with due diligence and in good faith; and
(3) Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
(D) For purposes of this section, a permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when such Board votes to approve the application and issue the permit. A permit within the jurisdiction of the Land Use Administrator is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient (delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant); or
(2) The Land Use Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions (such as having the permit executed by the property owner so it can be recorded if required).
(Ord. passed 12-20-2001) Penalty, see § 152.999