§ 108-322. Time limits and extensions.

(a)

The PUD, MUD and conservation zoning approval referred herein as PUD, and the approval of any associated preliminary plat or other land division approval, shall be valid for four years from the day it is approved by the city council. Construction on any and all phases of a PUD must be complete for final PUD approval within four years of the preliminary PUD approval; provided, that there may be a two-year extension as provided herein. Failure to comply with these provisions could result in a revocation of the PUD zoning and designation.

(b)

A PUD and any associated preliminary plat or other land division, pursuant to this section, may be extended for a maximum of two years after the initial four year time limit; provided, that:

(1)

A written request for extension (application) has been received at least 60 days prior to the date of expiration; and

(2)

The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the four-year time limit and that the extension would result in a successful completion of the project. The extension application fee, as established by the mayor and council and provided in the city fee schedule, and may be levied against dwelling units or lots depending on the project,

(3)

The determination shall be made by the planning commission upon recommendation from the community development director. Such determination shall me made within 60 days of receiving the application.

(4)

If the planning commission determines that the extension should not be granted, the applicant shall have the ability to appeal the decision to the city council. If the extension is granted no further action from the council is required.

(Ord. No. 1807, 5-24-2018)