§ 65.383. Scope of Zoning Variance Approval.

Subsequent Permits and Orders. If a zoning variance is necessary for a proposed development, the zoning variance 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 zoning variance.

Expiration of the Zoning Variance. The applicant must receive a building permit for the work requiring the zoning variance within one year of the zoning variance approval. If the applicant does not receive the building permit within the year, then the zoning variance is no longer valid and the applicant must reapply for a zoning variance if the applicant wishes to proceed with the development requiring a zoning variance. If the building permit for the work requiring the zoning variance expires before a certificate of occupancy or certificate of completion is issued for the work requiring the zoning variance, then the zoning variance is no longer valid and the applicant must reapply for a zoning variance if the applicant wishes to proceed with a development requiring a zoning variance.

Administrative Extension of the Zoning Variance. The zoning official may extend a zoning variance by up to six months. The holder of the zoning variance must request such an extension by application for a Zoning Official determination at least 30 days, but not more than 90 days, before the expiration of the zoning variance. To extend the variance, the Zoning 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 zoning variance.

(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 zoning variance.

(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 zoning variance.

Abandonment of the Zoning Variance. The zoning variance is no longer valid whenever an improvement allowed by the variance is voluntarily abandoned or removed for six months or more.

Valid for Approved Site Plan Only. The zoning variance is valid only for the site plan approved as part of the zoning variance application. After the zoning variance is approved, the Zoning 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. Zoning variances are not to be construed as general modifications of the requirements of the Land Development Code in any area outside the area of the zoning variance shown on the approved site plan.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 10-5-2009, § 3, Doc. #0910051104)