§ 65.287. Scope of Conditional Use Permit Approval.

Subsequent Permits and Orders. If a conditional use permit is necessary for a proposed development, then the conditional use permit must be approved by the City Council before the applicant receives final site plan approval, building permit approval, or other land development order or permit approval that would authorize development in furtherance of the conditional use permit.

Expiration of the Conditional Use Permit. The applicant must receive a building permit for the work requiring the conditional use permit within two years of the conditional use permit approval. If the applicant does not receive the building permit within two years, then the conditional use permit is no longer valid and the applicant must reapply for a conditional use permit if the applicant wishes to proceed with a development requiring a conditional use permit. If the building permit for the work requiring the conditional use permit expires before a certificate of occupancy or certificate of completion is issued for the work requiring the conditional use permit, then the conditional use permit is no longer valid and the applicant must reapply for a conditional use permit if the applicant wishes to proceed with a development requiring a conditional use permit.

Administrative Extension of the Conditional Use Permit. The planning official may extend a conditional use permit by up to one year. The holder of the conditional use permit must request such an extension by application for a planning official determination at least 30 days, but not more than 90 days, before the expiration of the conditional use permit. To extend the permit, the planning official must consider and then make written affirmative findings of the following standards:

(1)

Whether the proposal remains consistent with applicable provisions of the City's adopted Growth Management Plan, including a consideration of any change to the future land use map designation for adjacent properties since the original approval of the conditional use permit.

(2)

Whether the proposal remains consistent with applicable provisions of the City's adopted Land Development Code, including a consideration of any change to the zoning map designation for adjacent properties since the original approval of the conditional use permit.

(3)

Whether the proposal remains compatible with existing development on adjacent properties, including a consideration of any new development on adjacent properties since the original approval of the conditional use permit.

Commencement and Abandonment of the Conditional Use. The use approved by conditional use permit must substantially commence within six months of the first issuance of a certificate of occupancy for improvements related to the conditional use. After commencement of the conditional use, the conditional use permit is no longer valid whenever the use allowed by the permit is voluntarily abandoned or discontinued for six months or more.

Valid for Approved Site Plan Only. The conditional use permit is valid only for the site plan approved as part of the conditional use permit application. After the conditional use permit is approved, the planning official may approve minor modifications to the approved site plan if necessary to accommodate code or other regulatory requirements subsequently revealed during the permitting review process.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 5-5-1997, Doc. #30246; Ord. of 9-11-2000, § 28, Doc. #33225; Ord. of 10-29-2001, § 13, Doc. #011029704; Ord. of 10-5-2009, § 1, Doc. #0910051104)