(A) Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication and the like).
(B) The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with § 154.316. Development review and site design review approvals shall be subject to all of the following standards and limitations.
(1) Modifications to approved plans and developments. Minor modifications of an approved plan or existing development, shall be processed as a Type I procedure and require only development review. Major modifications, shall be processed as a Type III procedure and shall require site design review.
(2) Approval period. Development review and site design review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:
(a) A building permit has not been issued within a one-year period; or
(b) Construction on the site is in violation of the approved plan.
(C) Extension. The city shall, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided that:
(1) No changes are made on the original approved site design review plan;
(2) The applicant can show intent of initiating construction on the site within the one-year extension period;
(3) There have been no changes to the applicable ordinance provisions on which the approval was based. If there have been changes to the applicable ordinance provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required; and/or
(4) The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant's control.
(Ord. 225, passed 10-20-1994, § 24.8)