§ 25-5-82. EXPIRATION OF A SITE PLAN APPROVED BEFORE JANUARY 1, 1988.

(A)

This section applies to a site plan approved before January 1, 1988.

(B)

Except as provided in Subsections (C) and (D) of this section, a site plan approved before January 1, 1988 is expired.

(C)

If the expiration date of a site plan was extended by the director or the Land Use Commission, the site plan expires on the extended expiration date.

(D)

The expiration dates of the site plans described in this subsection are as follows:

(1)

A site plan incorporated into a planned development area agreement approved by council expires on the date established in the agreement. If the agreement does not establish an expiration date, the site plan does not expire.

(2)

A site plan approved by council before December 15, 1988 for land designated as a planned unit development zoning district does not expire.

(3)

A site plan incorporated into an ordinance zoning or rezoning the property covered by the site plan does not expire.

(4)

A site plan incorporated into a restrictive covenant that may be modified, amended, or terminated only by the mutual agreement of the council and the owner of the property does not expire except as provided by the restrictive covenant.

(E)

A person may use or develop land in accordance with an unexpired site plan described in this section if the use or development complies with the requirements of this subsection.

(1)

If an application for site plan approval was filed after August 31, 1987, development of the site plan may comply with the ordinances and regulations in effect on the date the application for site plan approval was filed.

(2)

If an application for site plan approval was filed before September 1, 1987, development of the site plan shall comply with the ordinances and regulations in effect on the date a request for a development permit is filed. The director may waive compliance with a provision of an ordinance or regulation that the director determines is not required to protect life or public safety. A waiver under this subsection shall be the minimum required to allow development in accordance with the site plan.

Source: Section 13-1-615; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.