(a)

This Chapter constitutes the codification of an ordinance of the Board of Trustees of the Town of Platteville, Colorado, establishing land use classifications, dividing the Town into districts, imposing regulations, prohibitions, procedures and restrictions, governing the use of land for residential and nonresidential purposes, regulating and limiting lot occupancy, determining the size of yards and other open spaces, establishing standards of performance and design, adopting a map of said land use districts, prescribing procedures for changes and modifications of districts, procedures for conditional review uses as well as uses that require special review, variances and other permits, allowing for nonconforming uses, structures and land, providing regulations for accessory uses and buildings, providing for the adjustment, amendment and enforcement thereof, defining certain terms, providing a means of appeal and prescribing penalties for violations of its provisions, and repealing existing Town of Platteville Zoning Regulations and amendments thereof.

(b)

This Chapter is authorized by C.R.S. § 31-23-301, et seq., and is declared to be in accordance with all provisions of the statutes.

(c)

The Town has the authority to plan for and regulate the use of land and to administer and regulate areas and activities of special interest as might be delineated in the Comprehensive Plan under authority of C.R.S. Title 31, Article 23, Part 2.

(Ord. 667 §1, 2011)

This Chapter shall be for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future residents of the Town of Platteville, Colorado, by lessening of congestion on the streets and roads or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and the distribution of land development and utilization, protection and enhancement of the tax base, securing economy in governmental expenditures, the protection of urban and nonurban development, and providing for the implementation of the goals, principles and policies of the Comprehensive Plan, Water and Wastewater Master Plans and other plans and policies approved by the Board of Trustees.

(Ord. 667 §1, 2011)

It is the intent of the Platteville Planning Commission and Board of Trustees that this Chapter implements the planning goals, principles and policies and Future Land Use Plan Map adopted by the Planning Commission and Board of Trustees as reflected in the Comprehensive Plan and other related plans and planning documents.

The Planning Commission and Board of Trustees reaffirm their commitment that this Chapter and any amendment to it shall be in conformity with their adopted planning principles and policies. The Town hereby expresses its intent that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document. The Comprehensive Plan shall be used as guide in decision making and may be reasonable grounds for denial or reconsideration of the application.

(Ord. 667 §1, 2011)

This Chapter shall apply to all properties within the incorporated area of the Town of Platteville, Colorado.

(Ord. 667 §1, 2011)

(a)

Development Applications. Any application for development submitted to the Town or any action taken pursuant to this Chapter on or after July 23, 2011, shall be reviewed pursuant to the review process and standards set forth in this Chapter. All applications for development submitted to the Town or any action taken pursuant to this Chapter prior to July 23, 2011, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of this Chapter in force as of June 1, 2011. Such prior portions of this Chapter are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior provision of this Chapter shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any development application filed after July 23, 2011, be reviewed under any such prior regulation.

(b)

Application of Developments in Process. Notwithstanding Subsection (a) above, in the event an application for development was submitted to the Town between May 1, 2011, and August 1, 2011, and the applicant relied on the ordinances previously codified in this Chapter or relied on representations of staff concerning the anticipated adoption of this Chapter, the applicant may specify which standards should be applied (the previous ordinance codified in Chapter 16 or the July 23, 2011 version of this Chapter) to the review of that application only. Any subsequent applications will be reviewed pursuant to Subsection (a) above.

(c)

Pre-existing Special Use Permits. On July 23, 2011, a pre-existing special use permit approval (excluding special use permits for oil and gas facilities pursuant to Section 16-5-40, which shall remain special uses) shall be considered an approved conditional review use pursuant to Section 16-5-30 complete with all of the rights, benefits and limitations as originally approved. It is the intent of this Section that such pre-existing approvals, issued prior to July 23, 2011, shall not be deprived of the full benefit of its terms prior to expiration. Upon expiration of any previously approved special review permit, renewal of the same as a conditional review use shall be subject to the terms of this Chapter.

(d)

New Applications Initiated After July 23, 2011.

(1)

No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building or structure be used for any purpose other than as provided for among the uses hereinafter listed in the district regulations for the zone district in which such land, building or structure is located.

(2)

No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the dimensional regulations, district development standards and supplementary regulations or other provisions hereinafter provided in the district regulations for the zone district in which such building, structure or open space is located.

(3)

The provisions of this Chapter shall apply to all uses as follows:

a.

All new structures and uses of land.

b.

Additions involving the expansion of the gross floor area of any structure existing in the Town, as of July 23, 2011, by twenty percent (20%) or more.

c.

A change of use. Prior to being issued a building permit or being granted a change in use, an applicant shall demonstrate that the property will comply with all applicable regulations of this Chapter.

(4)

All buildings, parking areas, landscaping, signs and other improvements addressed by the development standards in this Chapter shall be constructed and installed in accordance with the approved plans filed with the Town prior to the issuance of a certificate of occupancy for the building or use.

(5)

The Town Manager may allow certain improvements to be constructed or installed within an agreed upon time allowing for seasonal changes. Such arrangements may involve performance bonds or other methods as deemed appropriate by the Town Manager to assure eventual compliance with this Chapter.

(6)

Every building shall be located and maintained on a lot as defined in this Chapter.

(7)

No parcel of land which has less than the minimum width, depth and area requirements for the zone in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

(Ord. 667 §1, 2011; Ord. 744 §1, 2017)

Except with respect to approved overall development plans and final development plans for land zoned Planned Development (PD), whenever a provision of this Chapter and any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions which cover the same subject matter, the more restrictive requirements shall govern.

(Ord. 667 §1, 2011)

Violations. It is a violation of this Chapter to take any action prohibited by this Chapter, and it is a violation of this Chapter to fail to take any action required by this Chapter. It is unlawful to build or use any building or structure or to use premises in this Town for any purpose or use other than any purpose permitted by the terms of this Chapter in the area in which the same is located. Examples of violations include but are not limited to:

(a)

Activities Inconsistent With the Code. Erecting, constructing, reconstructing, remodeling, altering, expanding, moving or using any building, structure or sign, or to engage in development or subdivision of any land that does not comply with any zoning, subdivision, sign, building or other regulation of this Code, including all required approvals.

(b)

Land Disturbing Activities Inconsistent With This Chapter. Excavating, grading, cutting, clearing or undertaking any other land disturbance activity contrary to the provisions of this Chapter or without first obtaining all requisite land use approvals required by this Code or other applicable regulations.

(c)

Nonconforming Uses Inconsistent With This Chapter. Creating, expanding, replacing or changing a nonconforming use, structure, lot or sign, except in compliance with this Chapter.

(d)

Making Lots or Setbacks Nonconforming. Reducing or diminishing the lot area, setbacks or open space below the minimum required by this Chapter;

(e)

Increasing Intensity of Use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Chapter.

(f)

Activities Inconsistent With Permit. Engaging in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity.

(g)

Activities Inconsistent With Conditions of Approval. Failure to comply with any terms, conditions or limitations placed on any land use approval by Town staff, the Planning Commission or the Board of Trustees upon any overall development plan, final development plan, subdivision plat, site plan, conditional or special use permit, or other form of authorization.

(h)

No building or structure shall be erected, moved or structurally altered unless a building permit has been issued by the Building Official or his or her authorized representative. All building permits shall be issued in conformance with the provisions of this Code and all other applicable regulations and shall be valid for a period of time not exceeding one (1) year from the date of issue.

(i)

No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner has obtained a certificate of occupancy from the Building Official. After inspection by the Building Official, and provided that the use shall be in conformance with the provisions of this Chapter and all other applicable regulations, a certificate of occupancy shall be issued. A copy of all certificates of occupancy shall be filed by the Building Official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(j)

The Town Manager or designee is empowered to order in writing the remedy of any violation of any provision of this Zoning Ordinance. After any such order has been served, no work on or use of any building, other structure or tract of land covered by such order shall proceed, except to correct such violation or comply with said order.

(k)

Building permits for new construction may be referred to the Town Manager and Town Engineer for review of necessary public improvements, conformance with this Chapter and conformance with the Town's adopted Subdivision Ordinance.

(l)

The Town shall not accept any land use application for property currently being used or occupied in violation of this Code unless said application seeks to obtain an approval by the Town that would cause the property to be in compliance with the regulations of the Town.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

(a)

General Penalty. Any person who commits a violation of this Chapter as set forth in Section 16-1-70 above shall be subject to the general penalties set forth in Chapter 1, Article IV, of this Code; provided, however, that no person shall be incarcerated for violations of this Chapter.

(b)

Public Nuisance. Any violation of this Chapter is declared to be a public nuisance and may be abated pursuant to the procedure set forth in Chapter 7 of this Code.

(1)

Nonemergency violations. In the case of violations of this Code that do not constitute an emergency, such violations shall be addressed as set forth in Section 7-1-120 of this Code; provided, however, that a person shall have thirty (30) days to correct the violation unless a different time period is set forth in the notice and order. In the sole discretion of the Town Manager, an extension of the period for correction of any nonemergency violation may be granted.

(2)

Emergency violations. When a violation of this Chapter constitutes a threat to the public health, safety and welfare, the Town Manager may immediately cause the violation to be corrected pursuant to Subsection 7-1-120(d).

(c)

Penalties Cumulative and Concurrent. Each of the penalties described herein shall be cumulative and may be pursued concurrently with one another.

(Ord. 667 §1, 2011)

Except where a different method of enforcement is described in this Chapter, it shall be the duty of the Town Manager or designee to enforce the provisions of this Chapter. Except where a different method of appeal is described in this Chapter, appeals from the decision of the Town Manager or designee made pursuant to this Chapter may be made to the Board of Adjustment as provided in Section 16-5-60.

(Ord. 667 §1, 2011)

(a)

Issuance of Permits. All officials, employees and consultants of the Town vested with the duty or authority to issue permits shall not issue any permit, certificate or license in conflict with the provisions of this Chapter. Any such permit, certificate or license issued in conflict with the provisions of this Chapter shall be null and void.

(b)

Development Permit Requirements. As related to the requirements of this Chapter, the Town Manager or designee shall issue a permit or approval if all of the following conditions are met:

(1)

The proposed building or structure is located and maintained on a lot as defined by this Chapter.

(2)

The structure and the lot conform, or will conform, to all applicable requirements imposed by this Chapter.

(3)

The lot has not been divided or subdivided except by lawful order of the authority having jurisdiction.

(4)

The plot plan or site plan is classified in the appropriate zoning district as defined in this Chapter.

(5)

The lot abuts or fronts on and has legal access to a dedicated street or highway which has been accepted for maintenance by the Town, the County or the State.

(6)

The requirements of Chapter 13 of this Code have been or will be complied with.

(7)

Requirements imposed by Chapter 18 of this Code are or will be met.

(8)

All buildings, parking areas, landscaping, signs and other improvements addressed by the development standards in this Chapter shall be constructed and installed in accordance with the approved plans filed with the Town prior to issuance of a certificate of occupancy for the building or use.

(9)

No permits shall be issued by any officer of the Town for the construction of any building, or other improvements requiring a permit, upon any unplatted land, unless and until the requirements of this Code have been met.

(10)

No building or construction permit shall be issued prior to approval of the required plot plan or site plan, unless the property has been specifically exempted from the development process by definition or by official action of the Board of Trustees after Planning Commission review.

(11)

Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to this Chapter obtains all necessary permits, approvals or variances as prescribed by this Chapter and acts within the authority of the permit, approval or variance.

(c)

Deny/Withhold Permits. The Town Manager or designee may deny and withhold all permits, certificates or other forms of authorization to use or develop any land, structure or improvements thereon until an alleged violation related to such property, use or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation. Where a property owner, agent or other person has a record of an outstanding serious violation ions of this Chapter, the Town Manager or designee shall be authorized to deny or withhold all permits, certificates of occupancy or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation. The denial or withholding of a permit by the Town Manager or designee may be appealed to the Board of Adjustment as provided in this Chapter.

(d)

Stop Work Order. The Town Manager or designee may issue a written order to stop work on any property on which there is an uncorrected violation of a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the provisions of this Chapter which are allegedly being violated.

(1)

Service of the order shall be given in person, by certified U.S. mail (return receipt requested) or by posting a notice on the premises.

(2)

After any such order has been served, no work on or use of any building, other structure, lot or tract of land covered by such order shall proceed, except to correct such violation or comply with said order. The notice shall also state any appeal procedures available pursuant to this Code.

(3)

The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation by the Building Official if it is an emergency violation. The stop work order shall also indicate that failure to comply with the order may subject the violator to any of the penalties set forth in Section 16-1-80 above.

(e)

Revocation of Permits. In the event a violation of any permit or approval is not cured, a permit may be revoked pursuant to the following procedure:

(1)

Public hearing required. The Board of Trustees may revoke any development permit, building permit or other authorization, after notice and a public hearing.

(2)

Notice of public hearing. The public hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Board of Trustees not less than seven (7) days, nor more than twenty-one (21) days from the date the notice of the hearing is given. Notice of the hearing shall be deemed given to the owner, the owner's agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. mail, by certified mail (return receipt requested), addressed to the last known address of said person. Additional, supplemental methods of service may also be utilized to give notice of the public hearing.

(3)

Findings. Following the public hearing, the Board of Trustees may revoke any development permit, building permit or other authorization, upon a finding of the following:

a.

There is a departure from the approved plans, specifications or conditions of approval;

b.

There is a violation of any provision of this Chapter, Chapter 17 and Chapter 18 of this Code;

c.

The permit was obtained by false representation;

d.

The permit was issued in error;

e.

The work for which the permit was obtained was not completed within one (1) year; or

f.

A person fails to develop, improve or maintain the property in accordance with the approved plans, the requirements of this Chapter or any additional requirements lawfully imposed by the Town.

(f)

Notice of Revocation. Written notice of revocation shall be sent to the holder of the permit by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after the service of the revocation notice.

(g)

Certificate of Occupancy. For those structures requiring a certificate of occupancy, it is unlawful for any person to occupy or use vacant land or buildings erected or altered until a certificate of occupancy has been issued by the Town Manager or designee for such land or building. The Town Manager or designee shall issue such certificate only upon completion of the construction in accordance with all applicable requirements of Chapter 18 of this Code and the approved plans.

(Ord. 667 §1, 2011)

(a)

All applications submitted to the Town pursuant to this Chapter are subject to a nonrefundable fee as set forth in Appendix A to this Code, as the same may be amended from time to time by resolution of the Board of Trustees. This application fee partially offsets the Town's expenses incurred during the application process, including but not limited to legal publications, notices, reproduction of materials, public hearing expenses, recording of documents, planning fees, engineering fees and legal services in reviewing the application, consultant fees and other staff costs incurred by the Town which are incurred as a result of, or which are otherwise related to, the application submitted and its subsequent review. In addition to such fee, the applicant shall enter into a cost reimbursement agreement to reimburse all of the Town's actual costs of reviewing and processing any application filed pursuant to this Chapter, including but not limited to zoning or rezoning, site plan approval, application for a planned development, application for variance, conditional review use permit and special use permit for oil and gas operations. A sample cost reimbursement agreement is set forth in Appendix B to this Code and may be administratively amended from time to time. Unless exempted herein, no application submitted pursuant to this Chapter shall be processed unless the Town has received the applicable fee and a signed cost reimbursement agreement.

(b)

As used in this Section, actual costs shall include all direct and indirect costs incurred by the Town to review and process an application and all related documents, including but not limited to publication, mailing, recording, engineering, legal, Town personnel and contract staff expense, supplies, material, equipment and overhead expenses.

(c)

The Town shall furnish a detailed accounting of all charges made to process an application within ten (10) days after the end of each month in which such charges are made. The applicant shall pay the invoiced amount within thirty (30) days of the date of the invoice. The Town need not perform or continue any review or processing services for the applicant if payment is not received within thirty (30) days after the date of the invoice.

(d)

The applicant may request the Town Manager to reconsider the charge of one (1) or more expenses by filing a written request with the Town Manager not later than ten (10) days after the date of notice of the charged expenses. The written request shall identify the expense questioned and state the reasons that the charge should be deleted or modified. The Town Manager shall promptly reconsider the questioned charges and respond in writing to either: (1) affirm the charge; (2) delete the charge as inappropriate or unwarranted; or (3) modify or reduce the charge, in all cases stating the reasons for the action taken. The applicant may appeal the Town Manager's decision to the Board of Trustees by delivering a written appeal to the Town Clerk within ten (10) days after the date of the Town Manager's decision. Unless the Board of Trustees desires to hear the petitioner in person, such appeal shall be considered by the Board of Trustees as an administrative matter, based solely upon the written record. Following its review of the matter, the Board of Trustees shall issue its written decision to either: (1) affirm the charge; (2) delete the charge as inappropriate or unwarranted; or (3) modify or reduce the charge, in all cases stating the reasons for the action taken. The Board of Trustees' decision or any decision of the Town Manager, not requested for reconsideration or appealed within the time provided herein, shall be the final order of the Town. The costs of processing a timely request for reconsideration or appeal shall not be charged as a review cost within the meaning of this Section.

(Ord. 667 §1, 2011)

(a)

Except as set forth in Section 16-1-50 above, all amendments, extensions or initial legislation to this Chapter are hereby declared null and void and superseded by this Chapter.

(b)

Such repeal shall not affect or prevent the prosecution or punishment of any person for the violation of any regulation repealed hereby, for any offense committed prior to the repeal.

(c)

This Chapter is effective July 23, 2011.

(Ord. 667 §1, 2011)

Nothing in this Chapter shall be construed as a limitation upon the power of the Board of Trustees, Town Manager or Town Attorney to correct obvious typographical or compositional errors, provided that:

(a)

Such corrections shall not change the legal effect of this Chapter or any part thereof.

(b)

Such corrections will be reported to the Planning Commission.

(c)

An errata supplement shall be attached to all copies of this Chapter distributed subsequent to the making of such corrections.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

The process for the amendment of this Chapter shall be as specified in Section 16-5-70 above.

(Ord. 667 §1, 2011)

Definitions are included as Article VI of this Chapter.

(Ord. 667 §1, 2011)

(a)

Intent. This Article is intended to define a site-specific development plan for the Town of Platteville pursuant to C.R.S. § 24-68-103, and to establish a procedure to govern the creation of vested rights in accordance with C.R.S. § 24-68-101, et seq. Nothing in this Article is intended to create a vested property right, but only to implement the provisions of C.R.S. § 24-68-101, et seq.

(b)

Site-Specific Development Plan. For all site developments, the final approval step, irrespective of its title, which occurs prior to the issuance of a building permit, shall be considered the site-specific development plan for purposes of C.R.S. Title 24, Article 68, as amended. For detached one-family and two-family dwelling units/structures, the final plat shall constitute a site-specific development plan. The final plat may also be vested as the final step in the subdivision process pursuant to Chapter 17, Article IX of this Code.

(c)

Creation of Vested Rights.

(1)

No vested rights shall be created except by the approval of a site-specific development plan by the Board of Trustees, or by a development agreement between the Town and the applicant or landowner. Such agreement shall be construed in accordance with the terms and conditions of said agreement, and not limited nor expanded by the provisions of this Article.

(2)

If the applicant seeks approval of a site-specific development plan to create vested property rights, the plan shall include a statement that it is being submitted for designation as a site-specific development plan. Failure to include such statement shall result in no vested property rights being created by the approval of the site-specific development plan.

(d)

Other Regulations. Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions or requirements of the Town pertaining to the development and use of the property adopted before the approval of a site-specific development plan.

(e)

Waiver or Forfeiture.

(1)

Failure to abide by any terms or conditions imposed by the Town on the approval of any site-specific development plan shall constitute a forfeiture of any vested right created by the plan, unless otherwise expressly agreed to by the Town in writing.

(2)

A petition for annexation to the Town shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and be accompanied by all site-specific development plans approved by any local government. Failure to so identify any previously approved vested property right and provide all approved site-specific development plans shall constitute a waiver of the vested property right created by any other local government upon annexation to the Town, unless expressly provided otherwise in the annexation ordinance adopted by the Town.

(3)

A site-specific development plan submitted by a landowner and approved by the Town as provided in this Article shall supersede any prior vested property rights for that property, and the landowner waives any right to claim a vested property right by a site-specific development plan previously approved by the Town or any other local government for the property.

(f)

Notice. It shall be the applicant's responsibility to comply with the publication requirements of C.R.S. § 24-68-103(1)(c), following approval of a site-specific development plan by the Town.

(g)

Vested Rights by Separate Agreement.

(1)

The Town Board may, at its sole discretion, enter into a development agreement with a landowner and provide for the vesting of property rights for a period exceeding three (3) years where warranted in light of all relevant circumstances, including but not limited to:

a.

The project will clearly and significantly reduce impacts on the existing infrastructure.

b.

The project will construct public facilities, water, sanitary sewer, drainage facilities and/or public streets that are oversized or extended to be of obvious strategic value to the community.

c.

The project will provide public open space and/or public parkland significantly greater than required and/or provide public recreational facilities that are of obvious strategic value to the community.

d.

A commercial project or commercial component of a mixed-use project must result in clear benefits to the city as evidenced by new jobs and tax revenue.

e.

The project will make special contributions that are clearly in the public interest.

f.

Subsequent reviews. Such agreement shall provide for subsequent reviews and approvals by the Board of Trustees to ensure compliance with the terms and conditions of the original approval.

(2)

Limitations on remedy. The establishment of vested property rights shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local, county, state and the federal government, including but not limited to building, fire, plumbing, electrical and mechanical codes.

(3)

Reservation. The Town reserves the right to undertake land use regulation of the site-specific development plan in contravention of such plan, provided that the compensation required under C.R.S. § 24-68-105(1), is paid to the landowner. The adoption of this Section is not intended, and shall not be construed, to enlarge the right of the landowner or the obligation of the Town beyond payment of the required compensation under the vesting statute.

(4)

Effect. Nothing in this Section is intended to create any vested property right, but only to implement the provisions of C.R.S. Title 24, Article 68. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Section shall be deemed to be repealed, and the provisions hereof no longer effective.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

Approval by the Board of Trustees of any overall development plan, final development plan, subdivision plat, conditional review use, site plan or any other land use approval that does not constitute an amendment to the Official Zoning Map shall remain in effect for three (3) years. After three (3) years have expired, the Board of Trustees may deem the approval obsolete if no building permit has been applied for nor any public improvements installed.

Any approval of such an application for which a building permit has not been applied for nor any public improvements installed, or for which the use has not been otherwise commenced within three (3) years after approval has been obtained, shall be null and void. An extension of time may be granted by the Board of Trustees upon a finding of good cause. If such an approval expires, the applicant shall be required to resubmit a new application and fee for the same project.

(Ord. 667 §1, 2011)

If any part, subpart, section, paragraph, sentence, clause or phrase of this Chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Chapter.

(Ord. 667 §1, 2011)