07-07-23: LAND USE TIME LIMITATIONS:

   (1)   Commencement: When a conditional use permit is granted, the land use or construction of its facility proposed in the application must have commenced within three (3) years of the date of the final decision by the presiding party or a court of appropriate jurisdiction. The improvements for the approved use must be completed within five (5) years of the same date. If the use is not commenced or completed within these time periods, the use and its approval shall expire as provided for in subsection (2) of this section. Upon expiration of the use or the approval of that use as provided by this section, the applicant can seek approval of the use only by filing a new initial application. However, gravel pits and public utility facilities are excepted from the commencement and time completion requirements. The presiding party has the discretionary power to establish commencement and completion requirements as specific conditions of approval for gravel pits and power plant public service facilities. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (2)   Expiration: After the three (3) year period has expired, if any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the director, to establish that the land use or construction of its facility provided for in the conditional use permit, has not commenced or after the five (5) year period that said use has been abandoned, ended, or not completed, the use has expired. (Ord. 12-006, 3-22-2012)

      A.    Appeal By Affected Person: Any affected person who is aggrieved by the director's decision as to an application pursuant to this subsection, may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter.

      B.    Reversion: If an appeal is not received or if the commission finds that the use has been abandoned, ended, or not completed, the prior approval shall be set aside and the property shall revert to its prior status. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)