§ 117-176. Time limits.

(a)

The final development plan shall be submitted within two years after approval of the preliminary development plan, or the approval of the preliminary development plan will expire and the plan will be deemed null and void.

(b)

Upon expiration of the preliminary development plan, the property shall still be zoned as a planned development with a voided preliminary development plan. The property owner or authorized agent may submit an application and new preliminary development plan for consideration pursuant to section 117-174 or an application for a zoning map amendment.

(c)

Upon the expiration of the preliminary development plan, the city council or the Metropolitan Area Planning Commission may initiate a zoning map amendment.

(d)

If the applicant has not received building permits within two-year of the approval of the final development plan, the final development plan shall be deemed null and void. Upon expiration of the final development plan, the applicant shall have one-year to reapply for a final development plan in accordance with the section or the preliminary development plan will be deemed null and void in accordance with subsection (a) of this section.

(e)

The Metropolitan Area Planning Commission may authorize an extension of these time limits if good cause is shown for the delay of the final development plan submission.

(f)

For phased developments, the Metropolitan Area Planning Commission and city council may approve a phased final development plan schedule as part of the preliminary development plan approval. In such case, the approved time frames shall establish when the approved preliminary plan shall expire.

(Zoning Ord., § 14.20.04.12; Ord. No. 07-13, § 1, 5-1-2007)