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EXPLANATION OF DURATION OF A SITE PLAN APPROVAL <br />The Board reviewed memo from Attorney Brandenburg and <br />letter from George Kraft, as follows: <br />TO: Beard of DATE: <br />January 24, 1983 FILE: <br />County Commissioners <br />SUBJECT: Section 23 ( h) :of the <br />Indian River County <br />Zoning Code <br />FROM: Gary M. Brandenburg REFERENCES: <br />County Attorney <br />The Chairman of the County Commission requested•this office to <br />prepare a memorandum explaining the current provisions of the <br />Zoning Code as they relate to the duration of a site elan annrnval_ <br />The specific provision reads; <br />"(h) Time limit; The site plan approval shall terminate <br />twelve (12) months thereafter if construction.has not been <br />started. Extensions of time may be made by the Board of <br />County Commissioners -at its discretion. <br />In the event the property receiving site plan approval <br />shall be sold, transferred, leased or the ownership <br />thereof changed in any way, the site plan approval shall <br />become null and void." <br />The plain meaning of this section allows an applicant to commence <br />construction at any time prior to the termination of the twelve <br />month period or extension if any to avoid the termination clause. <br />Once the construction has commenced there are no other applicable <br />provisions providing a time limit to complete construction. The <br />code does not define the term construction and does not indicate <br />how extensive the construction must be to prevent the automatic <br />termination of the site plan. <br />Respectfully submitted, <br />44 <br />G an enburg <br />CRIB/mq <br />43 <br />FEB 2 1983 BOOK 52��'�. <br />