100.075 When Land Use Applications Are Required.
A. Except as excluded by 100.070 no person shall engage in or cause to occur a development for which a land use application has not been approved.
B. Whenever this Code requires a land use application, no other permit issued by the City shall be approved until the land use application has first been approved by the City Administrator or Planning Commission.
C. Land use applications shall be approved by the City Administrator, the Planning Commission, or the City Council pursuant to the provisions of this Code.
D. No action may be taken in reliance upon a decision approving a land use application until all applicable appeal periods have expired or while an appeal to City Council is pending. However the action allowed by the decision may be initiated if:
(1) There were no objections to the decision or if all objections were resolved at a hearing or in writing prior to the hearing; and
(2) The applicant has executed a release and indemnity agreement in a form satisfactory to the City Attorney which protects the City from all claims of the applicant resulting from the approval of the land use application or issuance of a building permit.
E. All land use approvals shall expire one year from the date of issuance unless:
(1) Substantial construction or operation of the development has begun within that time and has continued toward final completion; or
(2) Development proceeds in accordance with an approved phasing plan; or
(3) An extension has been granted by the Planning Commission upon request of the applicant.
(4) Stated otherwise in a specific section of this Code.
F. Requests for extension must be filed with the City Administrator prior to the expiration date of the original approval or subsequent extension. No single extension of time shall exceed a one (1) year period. Extension of time shall not be approved where the effect of doing so would violate any provisions of this Code including any amendments made following the effective expiration date. In no instance shall the extension(s) of time exceed a total of 36 months from the effective date of project approval.