Special use permits—General conditions
(a) The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk in the land evidence records of the city, decisions on special use permits. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.
(b) Any special use permit granted by the zoning board of review or planning board under unified development review shall expire within six months from the date of its issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.
(c) No application for a special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.
(d) If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.
(e) Any aggrieved party may appeal decisions of the zoning board of review or planning board under unified development review to the superior court for the county in accordance with subsection 19-38(b).
(f) All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review or planning board under unified development review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.
(Rev. Ords. 1987, § 19-44; Ch. 914, § I(Att.), 12-19-23)