§ 16-455. Conditional approval.

(a)

The community development director, board of adjustment, planning and zoning commission and county council may impose special conditions to assure the compatibility of the development, which is the subject of the application, with the surrounding area and with the comprehensive plan.

(b)

Applicants shall file a certificate of approval with the county clerk within 30 days from the expiration of the appeal period or of the final decision on an appeal; and shall either obtain the necessary building permits or shall commence the use as approved or conditionally approved within 18 months after the filing of the certificate of approval with the county clerk for approved or conditionally approved site plans, waivers, parking lot or parking facility expansions, or special use permits. In the downtown and mixed-use districts, the site plan shall expire and be of no force and effect for any development or part thereof for which a building permit has not been approved and construction commenced pursuant to the approved building permit within 18 months after approval of the site plan. The community development director may grant no more than one 18-month extension of time if the applicant, prior to the expiration of the initial 18-month period shows good cause, in writing, for such an extension.

(c)

If an applicant fails to comply with the time requirements of subsection (b) of this section, or if the approved use of land has ceased for a continuous period of more than 180 days, the site plan, special use permit, parking lot or parking facility expansion or waiver shall be deemed to be abandoned (also see article VIII, nonconforming uses) and shall be subject to revocation by the community development director upon the following procedures:

(1)

The community development director shall serve upon the applicant by certified mail, return receipt requested, a letter requiring the applicant to show good cause, in writing, if any, the applicant has, within 30 days, why the site plan, special use permit, parking lot or parking facility expansion or waiver should not be revoked. If the applicant fails to respond within 30 days from the receipt of the notice by the community development director, the community development director shall issue a certificate of revocation of the site plan, special use permit, parking lot or parking facility expansion or waiver. The community development director shall file the certificate of revocation with the county clerk and serve upon the applicant a copy of the certificate of revocation by certified mail, return receipt requested.

(2)

If the applicant responds to the letter but fails to show cause, the community development director shall issue a certificate of revocation of the site plan, special use permit, parking lot or parking facility expansion or waiver, and the applicant shall have 15 days from such finding to file a written notice of appeal to the planning and zoning commission. The planning and zoning commission, upon appeal, shall conduct a public hearing and shall affirm or reverse the decision of the community development director to revoke the site plan, special use permit, parking lot or parking facility expansion or waiver. Upon a final determination that the site plan, special use permit, parking lot or parking facility expansion or waiver should be revoked, the community development director shall file a certificate of revocation with the county clerk and serve upon the applicant a copy of the certificate of revocation by certified mail, return receipt requested.

(3)

The community development director, upon being provided evidence that there is good cause for extension of time, may grant a one-time extension not to exceed six months; provided, there is clear evidence that issuance of building permits or commencement of the use will be completed within the six-month extension period. The community development director may evoke compliance by the establishment of due dates, a schedule of performance with additional financial guarantees for public improvements and landscaping and other terms or conditions as may be deemed appropriate. Failing this time extension, the applicant shall be afforded the process of subsections (c)(1) and (2) of this section.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.22.050; Ord. No. 85-301, § 17, 11-6-01; Ord. No. 02-224, § 14, 5-1-2012; Ord. No. 02-273, § 10, 5-16-2017)