8.3.H Post-Decision Actions and Limitations | Sedona Land Development Code

H. Post-Decision Actions and Limitations

Unless otherwise provided in this article, a decision made under this article shall be final 15 days from the date of the decision unless, prior to the expiration of that period, an appeal has been filed with the Director pursuant to Section 8.8.E, Appeal.

The applicant or any member of the general public may file a written appeal regarding a decision made under this article, clearly stating the reasons for such appeal, within 15 days of the final action, pursuant to Section 8.8.E, Appeal.

Approval under this article may be granted subject to a schedule of development or set time period for development of specific improvements, and/or establishment of a specific use or uses for which the approval is requested. Approval shall expire at the end of this period or, if a specific time period is not specified, after two years following the date upon which the final approval became effective, if none of the following have occurred:

1. The subject property has been improved for the development for which it was approved and a building permit has been issued and construction commenced and is being diligently pursued toward completion of the site for which the approval was originally granted; or

2. A Certificate of Occupancy has been issued for structure(s) that were the subject of the application; or

3. The site has been occupied for a permitted use if no building permit or Certificate of Occupancy is required.

Upon expiration, the approval shall be considered revoked, unless a request for a time extension is made by the applicant to the Director at least 90 days prior to the date of the expiration of the original approval in accordance with established application submittal scheduling requirements. The applicant is responsible for keeping track of the application expiration dates.

An approval subject to expiration may be granted a maximum of two time extensions by the body that originally approved the application. The action regarding the extension may be appealed subject to the appeal requirements of the original application.

1. The first time extension approval shall meet the criteria as outlined in Section 8.3.H(3)d, Evidence Required To Support Extension Requests, and the expiration date shall not exceed two years from the original approval expiration date.

2. The second time extension approval expiration date shall meet the criteria as outlined in Section 8.3.H(3)d, Evidence Required To Support Extension Requests, and the expiration date shall not exceed two years from the first time extension expiration date. There must be exceptional circumstances to warrant a second time extension. In granting the second extension, the decision-making body must consider the complexity of the project and identify the specific circumstances that warrant the extension.

3. In no case shall the combination of two time extension approvals exceed four years from the original approval expiration date.

4. Consideration of time extensions shall be at a public hearing and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

5. Upon the expiration of the specified time period, if no extension has been granted or no application for the same has been submitted, or a granted time extension has expired, then the application shall be considered revoked. In the case of a revocation of a conditional rezoning, the Director shall initiate the process for consideration for reversion to original zoning, which shall follow the rezoning procedure set forth in Section 8.6.A, Rezoning (Zoning Map Amendment).

In all requests for time extension, the applicant shall provide substantial and verifiable evidence showing that:

1. In spite of the good faith efforts of the applicant, circumstances beyond their control have prevented the timely pursuit of the development and completion of the necessary requirements within the originally authorized time period; or

2. The applicant has completed substantial property improvements, incurred substantial nonrecoverable monetary expenditures or commitments, or has completed supporting development improvements, or retained the services for preparation of supporting data in reliance upon the approval of the request.

3. In either instance, the applicant is, in good faith, continuing to diligently pursue implementation of the development to the degree authorized by the City and the applicant shall be current on all City fees, including wastewater billing charges, and has no code violations or environmental, health and safety issues existing on the property.

Extension of previously approved applications may be subject to the following:

1. Modification of previously required conditions of approval as warranted by interim changes in the area, and/or to ensure continued compatibility with any improvements within the context area;

2. Project revisions as necessary to comply with ordinance or code amendments that may have taken effect since the time of the original approval.

Development authorized by any approval under this article may incorporate minor changes from the approved plan, permit, or conditions of approval, as appropriate, without the need for a new application; provided, that the Director determines that the proposed changes:

1. Comply with the standards of this Code;

2. Are necessary to meet conditions of approval; and

3. Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the administrative site/architectural plan.

Any modification of an approved plan, permit, or condition of approval that the Director determines does not meet the criteria in subsection H(4)a of this section above shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application.

Following denial of an application, the decision-making body shall not decide on applications that are the same or substantially similar within one year of the previous denial. This waiting period may be waived by the decision-making body provided that:

a. There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or

b. The new application is materially different from the previous application.