Sec. 26-219. - Failure to act on a precise plan.

(a)

Failure to take any action on an approved precise plan within two (2) years of its effective date will cause such precise plan to expire without further action by the City unless granted an extension of time by the Community Development Director if no changes to the zoning code were made, or by action of the Planning Commission. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the precise plan, or to revoke the precise plan pursuant to the procedures set forth division 12 of this article.

(b)

Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the precise plan by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Planning Commission may impose new conditions on the precise plan, based on changed circumstances, code amendments or oversights disclosed in review of the plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)