[Ord. No. 3639, 3-20-2023[1]]
A.
Applicability. The following application types are subject to the
requirements of this Article: rezoning, preliminary development plan,
special use permit, and Code amendments to Code under Title IV —
Land Use.
B.
Process. The following steps are required for all development applications
(rezoning, preliminary development plan, and special use permit):
1.
Pre-Application Meeting. Prior to submitting a formal application,
the prospective applicant shall contact the Community Development
Department to schedule a pre-application meeting. The pre-application
meeting shall include appropriate City staff. The purpose of the pre-application
meeting is to discuss the proposed application, appropriate requirements
and procedures, the Comprehensive Plan, and provide the potential
applicant with direction and make aware any potential concerns.
3.
Completeness Review. Once the formal application and fee has
been submitted, staff will perform a high-level review of the submittal
to confirm that it appears to be complete. No application shall be
deemed complete until all items required to be submitted in support
of the application have been submitted to the Department in the form
and containing the information required by Code. Upon receipt of a
complete application, the Department shall note the filing date on
the application and shall make a permanent record thereof. If the
applicant fails to submit any portion of the required information,
the application will not be considered complete, the application shall
not be processed. The filing, formal review, notification and advertising
processes will not begin until all required information has been submitted
in the format required.
4.
Formal Review. City staff shall review all applications, plans,
information and data submitted in support of an application by the
applicant. City staff shall have two (2) weeks from the date the application
was considered complete to review and provide any comments back to
the applicant. If there are no corrections the item may be scheduled
and noticed for public hearings before the Planning and Zoning Commission
and the Board of Aldermen. However, if there are correction items,
these items must be addressed to staff's satisfaction prior to be
heard. Staff shall have up to two (2) weeks to review subsequent resubmittals.
5.
Notices. Notification of public hearing items (rezoning, preliminary
development plan, and special use permit) shall be completed via three
(3) methods:
a.
Newspaper Publication. Notice of such hearing shall be published
in one (1) issue of the official newspaper of the City, such notice
to be published not less than fifteen (15) days prior to the date
of said hearing before the Planning and Zoning Commission and shall
contain dates and times for both the Planning and Zoning Commission
as well as the Board of Aldermen hearings.
b.
Mailed Notice. Mailed notice shall be sent via certified mail
to the last-known owner of record of all property within one hundred
eighty-five (185) feet from the boundaries of the property for which
the application is being considered. The notice shall state the time
and place of the hearings, and include a general description of the
proposal, a location map of the property, the general street location
of the property subject to the proposed change, and a statement explaining
that the public will have an opportunity to be heard at the public
hearing. Failure to receive mailed notice shall not invalidate any
action taken on the application.
c.
Posting of Notice Sign(s). All public hearing items shall have
a sign posted on their premises, by either the applicant or staff
at least fifteen (15) days prior to the date of the hearing informing
the general public of the time and place of the public hearings. The
City shall furnish the sign to the applicant for posting. The applicant
shall make a good faith effort to place and maintain the sign on the
property for at least fifteen (15) days immediately preceding the
date of the hearing, through the hearing, and through any continuances
of the hearing. The sign shall be placed within five (5) feet of the
street right-of-way/property line, or as close thereto as possible,
in a central location on the property that is the subject of the hearings.
The sign shall be readily visible to the public. If the property contains
more than one (1) street frontage, one (1) sign shall be placed on
each street frontage so as to face each of the streets abutting the
land. The sign may be removed at the conclusion of the public hearings
and must be removed at the end of all proceedings on the application
or upon withdrawal of the application.
6.
Public Hearings. Each development application (rezoning, preliminary
development plan, and special use permit) shall be first heard before
the Planning and Zoning Commission before being heard by the Board
of Aldermen.
a.
Planning And Zoning Commission. The Planning and Zoning Commission
shall review the application as presented in staff's report, based
upon the criteria contained within the applicable zoning and subdivision
regulations and the comprehensive plan. The recommendation of the
Planning and Zoning Commission is advisory. The Planning and Zoning
Commission shall act upon the item before them in one (1) of the following
ways:
b.
Board Of Aldermen. The recommendation of the Planning and Zoning
Commission is forwarded to the Board of Aldermen. The Board shall
hear the item and take such action as it deems appropriate, including:
1) approval, 2) approval with conditions, or 3) denial.
c.
Rules Pertaining To Continuances. Any applicant or authorized
agent shall have the right to one (1) continuance of a public hearing
before the Planning and Zoning Commission, or Board of Aldermen, provided
that a written request for continuance is filed with the Director
prior to opening the public hearing. Additionally, the Planning and
Zoning Commission or Board of Aldermen may grant a continuance. A
majority vote of those members of the official body present at the
meeting shall be required to grant a continuance. The record shall
indicate the reason for the continuance and any stipulations or conditions
placed upon the continuance. If a continuance provides the date on
which the matter will be heard, re-publication of notice is not required.
If a continuance does not specify a date on which the matter will
be heard, public notice pursuant to this Article shall be provided
prior to the date on which the matter is heard.
d.
Protest Petitions. Rezoning, special use permit and preliminary
development plan applications are subject to protest petitions in
accordance with the following:
(1)
A protest petition may be filed with the City Clerk
at any time prior to the commencement of the public hearing by the
Board of Aldermen. To be considered a valid protest, a protest petition
must be timely filed and duly signed and acknowledged by the owners
of thirty percent (30%) or more either of the areas of the land (exclusive
of streets and alleys) included in such application or within an area
determined by lines drawn parallel to and one hundred eighty-five
(185) feet distance from the boundaries of the property included in
the application.
(2)
Once a valid protest petition has been filed with
the City Clerk, it may only be withdrawn if those requesting the withdrawal
reduce the land area requirement to less than thirty percent (30%).
(3)
Where a valid protest petition has been filed,
an ordinance approving the application shall not become effective
except by the favorable vote of two-thirds (2/3) of all members of
the Board of Aldermen.
C.
Plan Submittal Contents. All development plans (rezoning, preliminary
development plan, and special use permit) shall have four (4) sets
of plans 24" x 36" and shall contain:
[Ord. No. 3677, 12-4-2023]
1.
A development plan showing the property to be included in the
proposed development, plus the area within one hundred eighty-five
(185) feet thereof.
2.
The following items shall be included on the property to be
developed:
a.
Existing topography with contours at five (5) foot intervals,
provided that where natural slopes are sufficiently flat, the Director
may require contours at lesser intervals.
b.
Proposed location of buildings and other structures, parking
areas, drives, walks, screening, drainage patterns, public streets
and any existing easements.
c.
Sufficient dimensions to indicate relationship between buildings,
property lines, parking areas and other elements of the plan.
d.
General extent and character of proposed landscaping.
3.
The following items shall be shown on the same drawing within
the one hundred eighty-five (185) foot adjacent area:
a.
Any public streets which are of record.
b.
Any drives which exist or which are proposed to the degree that
they appear on plans on file with the City except those serving single-family
houses.
c.
Any buildings which exist or are proposed to the degree that
their location and size are shown on plans on file with the City.
Single- and two-family residential buildings may be shown in approximate
location and general size and shape.
d.
The location and size of any drainage structure, such as culverts,
paved or earthen ditches or storm water sewer and inlets.
4.
Architectural drawings depicting the general style, size and
exterior construction materials of the buildings proposed. In the
event of several buildings, a typical may be submitted. In case several
building types, such as apartments and business buildings, are proposed
on the plan, a separate typical shall be prepared for each type.
5.
A schedule shall be included indicating total floor area, dwelling
units, land area, parking spaces and other quantities relative to
the submitted plan in order that compliance with ordinance requirements
can be determined.
D.
Review Criteria.
1.
In considering any application for rezoning or special use permit,
the Planning and Zoning Commission and Board of Aldermen may give
consideration to the criteria stated below, to the extent they are
pertinent to the particular application. The Planning and Zoning Commission
and Board of Aldermen may also consider other factors that may be
relevant to a particular application.
a.
The character of the neighborhood.
b.
The existing and any proposed zoning and uses of adjacent properties,
and the extent to which the proposed use is compatible with the adjacent
zoning and uses.
c.
The extent to which the proposed use facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other
public requirements.
d.
The suitability of the property for the uses to which is has
been restricted under the applicable zoning district regulations.
e.
The length of time, if any, the property has remained vacant
as zoned.
f.
The extent to which the proposed use will seriously injure the
appropriate use of, or detrimentally affect, neighboring property.
g.
The extent to which the proposed use will adversely affect the
capacity or safety of the portions of the street network impacted
by the use, or present parking problems in the vicinity of the property.
h.
The extent to which the proposed use will create excessive storm
water runoff, air pollution, water pollution, noise pollution or other
environmental harm.
i.
The extent to which the proposed use will negatively affect
the values of the property or neighboring properties.
j.
The extent to which there is a need for the use in the community.
k.
The economic impact of the proposed use on the community.
l.
The ability of the applicant to satisfy any requirements applicable
to the specific uses imposed pursuant to this Chapter.
m.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed use.
n.
The gain, if any, to the public health, safety and welfare due
to approval of the application as compared to the hardship imposed
upon the landowner, if any, as a result of denial of the application.
o.
The conformance of the proposed use to the Comprehensive Plan,
the Capital Improvements Plan, and other adopted planning policies.
p.
The recommendation of professional staff.
q.
The consistency of the proposed use with the permitted uses
and the uses subject to conditions in the district in which the proposed
rezoning or special use is located.
2.
The Planning and Zoning Commission and Board of Aldermen shall
use the applicable zoning district regulations as a guide for review
of the preliminary development plan. If the Planning and Zoning Commission
and/or Board of Aldermen imposes conditions or restrictions on a preliminary
development plan, it may designate specific requirements that must
be met before an applicant may submit a final development plan application.
The Board of Aldermen, in establishing conditions of approval, may
require the applicant to execute a development agreement that is acceptable
to both the applicant and the City. Such development agreement shall
become part and parcel to the ordinance approving the rezoning of
the property for which the development plan represents. In considering
any preliminary development plan application, the Planning and Zoning
Commission and Board of Aldermen may give consideration to the following
criteria:
a.
Conformance with the Comprehensive Plan, the Capital Improvements
Plan, and other adopted planning policies;
b.
Development will not impede the normal and orderly development
and improvement of the surrounding property; and
c.
Development incorporates adequate ingress and egress and an
internal street network that minimizes traffic congestion.
[Ord. No. 3639, 3-20-2023]
A.
Preliminary Development Plans.
1.
Applicability. A preliminary development plan shall be required
for the following situations:
a.
Rezoning of a property to any planned district. A preliminary
development plan shall be submitted and reviewed by staff, the Planning
and Zoning Commission, and the Board of Aldermen simultaneously with
the rezoning of the property;
b.
The development of any vacant property in a planned district;
c.
The redevelopment of any property in a planned district;
d.
A substantial change, as defined in this Chapter, to an approved
preliminary development plan; and
e.
A change in the primary use of property that negatively impacts
traffic circulation or significantly intensifies traffic generation
necessitating the formation and approval of a development agreement
for identified traffic improvements.
2.
A preliminary development plan is not required for the following
situations:
a.
The rezoning to any of the standard districts ("A" through "M-2");
b.
A building addition onto an existing building that did not require
a preliminary development plan, provided that a substantial change
would not be created per this Article; and
c.
A rezoning to a planned district if the property to be rezoned
is fully developed and no substantial changes to the existing building(s)
or site improvements are planned.
3.
Pre-Application Meeting. Before submitting a preliminary plat,
the owner or his/her agent and the owner's engineer or land planning
consultant shall confer with the Community Development Director and
other applicable City staff to determine what ordinances and regulations
are applicable to the proposed development and suitability of the
proposed development. The purpose of the inquiry is for the owner
to become familiar with procedures and requirements of the City of
Harrisonville, including: procedure for filing plats, availability
of City electricity, sewer and water, subdivision design requirements,
requirements for improvements, land use, parks, schools and public
open spaces, zoning requirements for the property in question and
any setback requirements.
4.
Preliminary Development Plan. Prior to the submission of a preliminary plat and together with the submission of any request for rezoning, the owner shall be required to submit a preliminary development plan. The plan shall contain the information set out in Section 405.630.
5.
Review Of The Preliminary Development Plan. The Community Development
Director and applicable staff shall review the preliminary development
plan and shall be available to meet with the applicant to discuss
any recommendations. The purpose of the review shall be to inform
the applicant of the requirements of development regulations as they
apply to the property in question and to alert the applicant to potential
problems with the location or design of the subdivision.
6.
Contents Of Preliminary Development Plan. Prior to the filing
of a preliminary plat, the subdivider should submit to the office
of the Community Development Director plans and data showing the subdivider's
ideas and intentions in the platting of the proposed subdivision.
The subdivider should outline and describe the existing conditions
of the site and the proposed development to supplement the drawings
and sketches required below. The preliminary development plan should
contain the following:
a.
A general location map of the proposed subdivision and its relationship
to existing community facilities. Such location map shall show the
location and name of subdivision(s), existing main traffic arteries,
schools, parks and playgrounds.
b.
The proposed layout of streets, right-of-way width, lots and
other features in relation to existing utilities and other conditions.
Proposed land use, parks, playgrounds and other public areas shall
be shown on the preliminary development plan.
c.
The subdivider may be required to submit the following with
the preliminary development plan:
(1)
A statement describing the existing and proposed
community facilities and utilities on and adjacent to the property
to be subdivided.
(2)
A statement of proposed protective covenants.
(3)
A statement of the approximate number of lots the
proposed subdivision will contain, together with typical proposed
lot widths and depths.
(4)
Aerial or ground photographs which show the character
and topographic features of the land.
d.
A legal description which accurately describes the limits of
the property.
e.
Approximate total acreage and square feet of the site.
f.
The plan shall include the following information on the existing
conditions for the proposed site and within one hundred eighty-five
(185) feet of the property:
(1)
Location and limits of the one percent (1%) annual
change flood, as set forth on the current FEMA maps with reference
to the panel number. Elevations shall be provided if shown on the
FEMA map.
(2)
Existing streams, bodies of water, and surface
drainage channels.
(3)
Location, massing and pattern of existing vegetation.
(4)
Topography with contours at two (2) foot intervals.
In areas where grades are gentle, the Director may require a lesser
contour interval.
(5)
Location of all oil and gas wells, whether active,
inactive, or capped.
(6)
Special features (such as ponds, dams, steep slopes
or unusual geology) or unusual historical features (such as former
landfills, fill area or lagoons) must be identified by the applicant.
The applicant, at the Director's discretion, may be required to provide
professional analysis of these conditions to address health, safety
and general welfare questions related to the proposed subdivision.
(7)
The location and size of retention basins, detention
basins and drainage structures, such as culverts, paved or earthen
ditches or storm water sewers and inlets.
(8)
Location, width and name of any existing or platted
street, alley or any other dedicated rights-of-way.
(9)
Location, width and dimensions of existing utility
easements, with document reference if dedicated by separate document.
(10)
Existing and proposed buildings, which exist on
plans on file with the City. Single- and two-family buildings may
be shown in approximate location and general size and shape.
(11)
Location and size of all existing utility lines
and storm water management/detention facilities.
(12)
Names of abutting subdivisions and owners of abutting
parcels of unsubdivided land.
(13)
Surrounding land uses and zoning districts of
adjacent properties.
g.
The plan shall include the following information on the proposed
development:
(1)
Layout, number and approximate dimensions of lots
and approximate lot areas.
(2)
Name, location, width, radii, centerline, and grade
of proposed streets and alleys, both public and private.
(3)
Location and width of proposed sidewalks and public
walkways.
(4)
Building setback lines from streets with dimensions.
(5)
Location and approximate dimensions of culverts
and bridges.
(6)
Location of driveways, curb cuts, median breaks
and turn lanes.
(7)
The general location and approximate size of all
the proposed utility lines, including water, storm water, and sanitary
sewers.
(8)
A sanitary sewer impact statement that will address
the proposed discharge into the existing sanitary sewer receiving
system, if required by the City Engineer.
(9)
Appropriate water service demand data (including,
but not limited to, planned land usage, densities of proposed development,
pipe sizes, contours and fire hydrant layout) to allow for the preliminary
analysis of the demand for water service if required by the City Engineer.
(10)
Information (proposed size, nature and general
location) on all proposed storm water management and detention facilities.
A preliminary storm water report shall be submitted unless the requirement
is waived by the City Engineer. All preliminary storm water reports
shall include:
(a)
Current and proposed land use assumptions;
(b)
Identification of the watershed in which the project
is located;
(c)
Identification of off-site drainage areas;
(d)
Surrounding property information;
(e)
Any other pertinent information about the site
which may influence storm water runoff;
(f)
Proposed storm water facilities;
(g)
The downstream effects of the development;
(h)
Calculations for the one hundred percent (100%),
ten percent (10%) and one percent (1%) storms. All calculations must
be submitted with the report (a summary table is not acceptable);
(i)
If the storm water report indicates that detention
is not required, supporting calculations evaluating the downstream
effects must be provided;
(j)
All reports shall be signed and sealed by a professional
engineer registered in the State of Missouri.
(11)
Location and size of proposed open space for public
use proposed to be dedicated or reserved and any conditions of such
dedication or reservation; parks, playgrounds, churches, or school
sites or other special uses of land to be considered for public use,
or to be reserved by deed or covenant for the use of all property
owners in the subdivision.
(12)
Location, dimensions and area in square feet of
all proposed buildings and structures.
(13)
Location and dimensions of all parking spaces,
accessible spaces, drive aisles, driveways, and curbs.
(14)
Sufficient dimensions to indicate relationship
between buildings, property lines, parking areas, and other elements
of the plan.
(15)
General extent and character of proposed landscaping
to include general species and size information.
(16)
Proposed topography at two (2) foot intervals,
including general drainage patterns.
(17)
Proposed exterior lighting, including parking
lot lights and wall-mounted fixtures, including fixture type, location,
height and intensity. Manufacturer's specification sheets shall be
submitted.
(18)
Phasing of development.
(19)
Sight triangles.
h.
Exterior building elevations. Depicting the general style, size,
height, construction materials and color schedule of the building
proposed.
i.
Land Use Schedule. A land use schedule shall be provided which
includes:
(1)
Total floor area;
(2)
Number of dwelling units;
(3)
Land area;
(4)
Number of required and proposed parking spaces;
(5)
Impervious coverage;
(6)
Floor Area Ratio (FAR);
(7)
Dwelling units per acre (with and without common
area); and
(8)
The range of land uses to be permitted in each
designated are of the development.
j.
Statement of the need for any requested modification(s) from
district regulations. A narrative statement that explains the need
for any requested modification(s) of the applicable zoning district
regulations shall be submitted in support of the application for the
preliminary development plan approval.
k.
Common Property Maintenance Plan. A written plan in such form
as may be prescribed by the Director that demonstrates that all common
property, if any, will be owned and maintained. Such statement shall
be submitted with the application for preliminary development plan
approval.
7.
Consideration Of Preliminary Development Plans. Preliminary
development plans are reviewed and follow the process established
above. Any preliminary development plan submitted with a rezoning
application shall become part of the ordinance that establishes the
zoning.
8.
Duration Of Validity. Preliminary development plan approval
by the Board of Aldermen shall not be valid for a period longer than
twenty-four (24) months from the date of such approval, unless within
such period a final development plan application is submitted. The
Board of Aldermen may grant one (1) extension not exceeding twelve
(12) months upon a written request.
9.
Definition of Substantial Changes. For purposes of this Section,
"substantial changes" to the approved preliminary development plan
shall mean any of the following:
a.
A change in the phases as originally specified in the preliminary
development plan that would have a negative impact on the traffic
circulation.
b.
Increases in the density or intensity of residential uses of
more than ten percent (10%).
c.
Increases in the total floor area of all non-residential buildings
covered by the plan of more than twenty-five percent (25%).
d.
Increases of lot coverage of more than ten percent (10%).
e.
Increases in the height of any building of more than twenty-five
percent (25%).
f.
Changes of architectural style that will make the project less
compatible with neighboring uses.
g.
Changes in ownership patterns or stages of construction that
will lead to a different development concept.
h.
Changes in ownership patterns or stages of construction that
will impose substantially greater loads on streets and other public
facilities.
i.
Decreases of any setback of more than ten percent (10%).
j.
Decreases of areas devoted to open space of more than ten percent
(10%) of such open space, or the substantial relocation of such areas.
k.
Changes of traffic circulation patterns that will negatively
affect on-site and/or off-site traffic.
l.
Changes of existing and/or proposed pedestrian walkways that
will negatively affect pedestrian traffic.
m.
Modification or removal of conditions to the preliminary development
plan approval.
n.
Changes to the water or sanitary sewer plans that impact these
utilities outside the project boundaries.
10.
Definition Of Minor Changes. For purposes of this Section, "minor
changes" to the approved preliminary development plan shall include,
but not be limited to, the following:
a.
Increases in the density of residential uses up to and including
ten percent (10%).
b.
Increases in the total floor area of all non-residential buildings
covered by the plan up to and including twenty-five percent (25%).
c.
Increases of lot coverage up to and including ten percent (10%).
d.
Increases in the height of any building up to and including
twenty-five percent (25%).
e.
Decreases of any peripheral setback up to and including ten
percent (10%).
f.
Decreases of areas devoted to open space up to and including
ten percent (10%).
g.
Reconfiguration of buildings provided that no required setbacks
are violated.
h.
Revised phasing plan that has no substantial impact upon traffic
circulation or required street construction.
B.
Final Development Plans.
1.
Applicability. A final development plan application shall be
required in the following situations:
a.
The development of any property for which a preliminary development
plan has been approved and no substantial changes, as defined in this
Article, are proposed;
b.
A building addition onto an existing building that did not require
a preliminary development plan, provided that a substantial change
would not be created per this Article;
c.
An addition to an existing parking lot or change in configuration
of an existing parking lot provided no modifications of this Chapter
are requested;
d.
The construction of any new parking lot provided no modifications
of this Chapter are requested;
e.
The development of any vacant property in districts other than
"A," "E," "R-1," "R-1B," "R-2," or "R-2B," provided no modifications
of this Chapter are requested.
2.
Final development plans shall contain the same basic items required
for a preliminary development plan as well as the following items:
a.
Final analysis of the capacity of the existing sanitary sewer
receiving system.
b.
Final water and sanitary sewer plans.
c.
Final storm water collection, detention and erosion control
plans.
d.
Location, height, intensity and type of outside lighting fixtures
for buildings and parking lots.
e.
Photometric diagram indicating the foot-candle levels throughout
the site and at the property lines.
f.
Location, size and type of material to be used in all screening
of ground mounted mechanical equipment and trash enclosure(s).
g.
The manufacturer's specification sheets for proposed mechanical
equipment to be utilized.
h.
Landscaping plans.
3.
Process. The following steps are required for all final development
applications:
a.
Pre-Application Meeting. Prior to submitting a formal application,
the prospective applicant shall contact the Community Development
Department to schedule a pre-application meeting. The pre-application
meeting shall include appropriate City staff. The purpose of the pre-application
meeting is to discuss the proposed application, appropriate requirements
and procedures, the Comprehensive Plan, and provide the potential
applicant with direction and make aware any potential concerns.
b.
Formal Submittal. The applicant shall submit a formal application,
appropriate fee, and all applicable required information as described
above.
c.
Completeness Review. Once the formal application and fee has
been submitted staff will perform a high-level review of the submittal
to confirm that it appears to be complete. No application shall be
deemed complete until all items required to be submitted in support
of the application have been submitted to the Department in the form
and containing the information required by Code. Upon receipt of a
complete application, the Department shall note the filing date on
the application and shall make a permanent record thereof. If the
applicant fails to submit any portion of the required information,
the application will not be considered complete, the application shall
not be processed. The filing and formal review will not begin until
all required information has been submitted in the format required.
d.
Formal Review. City staff shall review all applications, plans,
information and data submitted in support of an application by the
applicant. City staff shall have two (2) weeks from the date the application
is considered complete to review and provide any comments back to
the applicant. If there are corrections, staff shall have up to two
(2) weeks to review subsequent resubmittals. Once all items have been
satisfactorily addressed the final development plan shall be approved.
e.
Review Criteria. Final development plans shall be reviewed against
the appropriate zoning regulations for the district that the project
is located in. Additionally, if there is an approved preliminary development
plan for the project the final development plan shall be reviewed
against that document and any related conditions of approval.
f.
Duration Of Validity. Final development plan approval shall
not be valid for a period longer than twelve (12) months from the
date of such approval, unless within the period a building permit
is obtained and substantial construction is commenced and all additional
building permits necessary to complete the project as approved in
the final development plan schedule are obtained in a timely manner,
as determined by the Building Official. The Board of Aldermen may
grant one (1) extension of no more than twelve (12) months upon written
request of the original applicant. This request must be submitted
to the Community Development Department prior to the expiration of
the approved final development plan. Upon granting an extension, the
Board of Aldermen has the authority to attach new conditions to the
final development plan, as it deems appropriate.
g.
Abandonment Of Final Development Plans. A final development
plan or a section thereof shall terminate and be deemed null and void
if:
(1)
The property owner shall fail to commence development
by failing to receive a building permit or failing to undertake substantial
construction on the property after receiving a building permit within
twelve (12) months after receiving final development plan approval,
or a longer period of time if an extension of the final development
plan has been granted by the Board of Aldermen; or
(2)
The property owner abandons the final plan or a
section thereof and notifies the Director, in writing, of the abandonment.
When this occurs, no development shall take place on the property
until a new final development plan has been submitted and approved.
