§ 6-3-5-15. LIMITATIONS ON SPECIAL USES:

(A)

Subject to an extension of time granted by the City Council, no special use permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period or unless a longer time is requested and granted by the City Council.

(B)

The approval of a proposed special use by the City Council shall be deemed to authorize only that particular use at that particular location for which the special use was issued.

(C)

Except when otherwise provided in the ordinance for approving a special use, a special use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot.

(D)

Subject to an exception granted by the City Council, any special use shall automatically terminate and be rendered void, without further action by the City, if, for a continuous period of two (2) years, the land, structure, or portion thereof for which the City Council has granted said special use either becomes vacant and remains unoccupied, or is occupied for a use other than said special use. Subsequent to such termination, any use or occupancy of said land, structure, or portion thereof, shall comply with the then current use regulations of the zoning district wherein it is located.

(Ord. No. 43-O-93; Ord. 89-0-09)