5.3.14 LAPSING OF APPROVALS | Aurora Unified Development Ordinance

5.3.14. LAPSING OF APPROVALS.

A. Running With the Land. Unless otherwise stated for a specific type of permit, approval, or decision under this UDO, or unless otherwise stated on the permit or approval document, permits and approvals issued under this UDO run with the land and are not affected by changes in ownership or the form of ownership of the property.

B. Period of Validity. Each permit or approval approved or approved with conditions under this UDO and not vested for a different period pursuant to Section 146-5.3.16 (Vested Rights) shall be valid for the periods of time shown in Table 5.3-1 below, and shall become of no force or effect after that period unless extended pursuant to Section 146-5.3.14.C (Extensions of Period of Validity).

Table 5.3-1 Permit and Approval Lapsing Table
Type of Approval	Period of Validity
Plan, Ordinance, and Map Changes
Comprehensive Plan Adoption or Amendments	Do not lapse
Annexation and Disconnection
Ordinance Text Amendments
Zoning Map Amendments
Historic Landmark/District Designations or Loss of Designation
Master Plan
Subdivision of Land
Subdivision Preliminary Plat with outstanding conditions	1 year
Subdivision Preliminary Plat with no outstanding conditions	3 years, unless final plat for part of the preliminary plat area is filed within that time
Subdivision Final Plat (unrecorded)	1 year
Subdivision Final Plat (recorded)	Does not lapse
Vacation of Plat without Established Streets	Does not lapse
Vacation of Established Street	Does not lapse
Development Applications
Conditional Use	Conditional use in existing structure: 1 year from date of approval, unless a certificate of occupancy is issued within that time. Conditional use in new building: 3 years from date of approval, unless a certificate of occupancy is issued within that time
Major Site Plan	5 years, unless a building permit for the primary building is issued within that time
Minor Site Plan
Floodplain Development Permit
Historic Landmark/District Development Application	1 year, unless development consistent with the approval is begun within that time
Temporary Use Permit	As stated in approved permit
Creative Sign Program	1 year, unless at least one sign consistent with the approval is begun within that time
Sign Permit or Fence Permit	1 year, unless development consistent with the approval is begun within that time
Administrative Activity Center Designation	Do not lapse
Commercial Mineral Designation	Do not lapse
Flexibility and Relief
Hardship Variance	1 year, unless development consistent with the approval is begun within that time
Single-family Dwelling Variance
Historic Landmark/District Adjustments
Major Adjustments
Administrative Adjustment
Federal Fair Housing Adjustment	Do not lapse

Note: One or more of the approvals listed above may result in the creation of a vested right pursuant to Section 146-5.3.16. Lapsing and extension of a vested right are addressed in Section 146-5.3.16.

1. For each permit or approval for which Table 5.3-1 (Permit and Approval Lapsing Table) shows a lapsing period, except for those for which the Board of Adjustment and Appeals is the deciding body, the Planning Director may approve one extension of validity for a time not to exceed one year for that permit or approval for good cause shown; provided, that the applicant or property owner files with the Planning Director a written request for the time extension before the expiration of the original permit or approval. Following such one year extension, the Planning and Zoning Commission may approve one additional extension of validity for a time not to exceed two years for good case shown; provided, that the applicant or property owner files with the Planning Director a written request for time extension before the expiration of the initial extension granted by the Director. The Planning and Zoning Commission may condition the approval of an extension upon the applicant’s compliance with the standards in this UDO or in other adopted City regulations in effect at the time of extension request, unless the application of those standards is prevented by a valid Vested Right approved by the City pursuant to Section 146-5.3.16.

2. For each permit or approval for which Table 5.3-1shows a lapsing period and for which the Board of Adjustment and Appeals is the deciding body, any extension of the period of validity requires a separate action by the Board of Adjustment and Appeals. (Ord. No. 2019-49 § 1, 08-19-2019)