155.2308. POST-DECISION ACTIONS AND LIMITATIONS
   A.   Notice of Decision
      Within ten calendar days after a final written order is rendered in accordance with Section 155.2307.C.3, the Development Services Director shall provide the applicant written notice of the decision, either by electronic notice (or certified mail if no email is provided) and make a copy of the decision available to the public at the Development Services Department, during normal business hours.
   B.   Expiration of Development Order
      1.   General
   Development orders granted in accordance with this Code shall expire as provided in Part 4 (Application-Specific Review Procedures and Standards) of this article for the particular type of development order. If no expiration period is provided in Part 4 for a particular type of development order, the development order shall expire if a Zoning Compliance Permit is not obtained within two years. A change in ownership of the land shall not affect the established expiration time period.
      2.   Extension of Expiration Time Period
         a.   Except as otherwise provided in subsections b and c below, the expiration period of a development order may be extended provided the applicant or owner of land subject to the development order submits a written request for an extension to the Development Services Director at least 45 days before the expiration date and the request sets forth the basis and reason for the extension. The burden of demonstrating sufficient grounds for an extension rests on the requestor. Extensions may be granted in accordance with the following:
            i.   For all development orders, the Development Services Director may grant one or more extensions for up to a cumulative total of 90 days.
            ii.   For development orders for a Variance or Special Exception, the ZBA may, subsequent to any extension(s) granted by the Development Services Director, grant up to two extensions for up to a cumulative total of two years per extension (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for a Variance or Special Exception be extended for more than four years.
            iii.   For development orders for an Interim Use Permit, the ZBA may, subsequent to any extension(s) granted by the Development Services Director, grant up to two extensions for up to a cumulative total of two years per extension (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for an Interim Use Permit be extended for more than four years. The aforementioned required written basis and reason for extension must demonstrate:
               (A)   The use continues to be an interim use requiring an Interim Use Permit in accordance with Section 155.2415.B, Applicability;
               (B)   The Interim Use Permit holder has made a good faith effort to obtain all government approvals and permits; and
               (C)   Operation of the Interim Use has not created an unreasonable nuisance or risk, including:
                  (1)   Damage to public or private property, beyond normal wear and tear;
                  (2)   Injury to persons;
                  (3)   Public or private disturbances or nuisances;
                  (4)   Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
                  (5)   Additional and impractical or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; or
                  (6)   Other adverse effects upon the public health, safety, or welfare.
            iv.   For development orders for a Site Plan, except for development orders subject to or governed by an enforceable Development Agreement the P&Z may, subsequent to any extension(s) granted by the Development Services Director, grant up to one extension for up to two years (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for a Site Plan be extended for more than two years. The aforementioned required written basis and reason for extension must provide competent and substantial evidence demonstrating compliance with one or more of the following criteria:
               (A)   Reasonable efforts were made to apply for a Building Permit and reasonable steps were taken to secure any other development approvals that may be needed from other permitting authorities to allow for the submittal of an application for a Building Permit; or
               (B)   Since the date of the development order, substantial expenditures have been made or substantial obligations have been incurred in reliance on the approval and in furthering and proceeding with the development; or
               (C)   The delay in proceeding with the commencement of development resulted from a "force majeure" or "Act of God" or extreme economic conditions of the market, and not acts of omission by the applicant or owner.
            v.   For all other development orders, the authority that approved the development order may, subsequent to any extension(s) granted by the Development Services Director, grant a single extension for up to a cumulative total of two years (including extensions granted by the Development Services Director).
         b.   The expiration period for a development order for a Major Temporary Use Permit , Minor Temporary Use Permit , and Zoning Use Certificates may not extended.
         c.   Any development order which has been extended pursuant to state law, executive order, or by other legal means not set forth in this section, may not subsequently be extended pursuant to the provisions of subsection 2.a. above unless otherwise provided by law.
   C.   Modification or Amendment of Development Order
Except as otherwise provided in Part 4 (Application-Specific Review Procedures and Standards) of this article for the particular type of application for a development permit, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedural and fee requirements applicable to the particular type of application for a development permit.
   D.   Limitation on Subsequent Similar Applications
      1.   Prior Application Denial
         a.   If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of denial unless the decision-making body waives this time limit in accordance with subsection b below.
         b.   The owner of the subject land, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Development Services Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit on finding that the owner of the subject land has demonstrated that:
            i.   There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or
            ii.   New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or
            iii.   The new application proposed to be submitted is materially different from the prior application; or
            iv.   The final decision on the prior application was based on a material mistake of fact.
      2.   Prior Application Withdrawal
   If an application requiring a public hearing is withdrawn after required notice of the public hearing is provided, no application proposing the same or similar development on all or part of the same land shall be submitted within six months after the date of withdrawal.
   E.   Tolling of Expiration Time Period During Use by Government Entity for Public Purpose
The running of the expiration time period for any development order shall be tolled during use of the property by a government entity for a public purpose as demonstrated by an interlocal agreement, lease, or similar legal document with the lawful owner of the property. The tolling period shall commence on the effective date of the interlocal agreement, lease, or similar legal document. The tolling shall terminate upon the expiration of the interlocal agreement, lease, or similar legal document, or the expiration of five years, whichever is sooner. The request for the tolling shall be made at least 45 days prior to the expiration of the development order, and shall be subject to approval by resolution of the City Commission.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2017-05, passed 10-25-16; Am. Ord. 2019-110 , passed 9-24-19)