§ 25-1-89. TOLLING OF APPLICATION PERIOD.

(A)

This section establishes a "stop the clock" provision tolling the expiration period for an application that requires discretionary review by the Land Use Commission, Board of Adjustment, or city council.

(B)

A deadline established by the director under Section 25-1-82 ( Application Requirements and Expiration ) for obtaining approval of an application is tolled if, prior to expiration of the application, the director determines that:

(1)

approval of the application requires:

(a)

discretionary review, as authorized under this title, by the Land Use Commission, Board of Adjustment, or city council, other than a zoning change or code amendment; and

(b)

the application meets all other requirements for approval, except for payment of fees, posting fiscal surety, and other code requirements as determined by the director under Section 25-1-82 ( Application Requirements and Expiration ); or

(2)

the applicant has provided a 120- or 270-day notification to tenants of a multi-family building or mobile home park, as required by Section 25-1-712 ( Tenant Notification Required ).

(C)

If an applicant obtains all required discretionary approvals from the Land Use Commission, Board of Adjustment, or city council, any additional updates required for approval of the application must be submitted no later than 120 working days after the date of the approval. An application expires if the applicant does not comply with this deadline.

(D)

An application expires if the Land Use Commission, Board of Adjustment, or city council denies a required discretionary approval or fails to take action after considering the matter at a public hearing.

(E)

If expiration of an application is tolled under this section pending required approval by the Land Use Commission, Board of Adjustment, or city council, the expiration period for all other applications associated with the same project is also tolled.

Source: Ord. No. 20160421-039, Pt. 5, 5-2-16 ; Ord. No. 20160901-050 , Pt. 9, 9-12-16.