Ordinance 2010-1583 - Laserfiche WebLink

Home Browse Search

9. All determinations relating to administrative review of special review use applications shall be made by the director or the director's designee who is the case manager for the application. Section 5. Section 17.40.130 of the Louisville Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined): Sec. 17.40.130. Control of special review use after approval. A. In the event of noncompliance by the applicant with the approved special review use plan, the written agreement, or the conditions imposed by the planning commission or the city council, either the planning commission or the city council may call the special review use up for further review. Upon such review and after notice given to the applicant, the planning commission or the city council may revoke the previously approved special review use or amend the previous approval. B. If the special review use is not in substantial operation within one year after the approval given, the planning commission, the city council, or the city staff may initiate proceedings to review the special review use. Such review shall occur in the same manner as review for the initial approval of the special review use and upon such review, the special review use may be revoked or the limits of the development schedule set forth therein may be extended. C. Any approved special review use which commences operation shall lapse, and the approval thereof shall be of no further force or effect, if the use is inactive for any continuous twelve -month period. If this period of inactivity occurs, the special review use may not be recommenced unless a new special review use approval is granted pursuant to this chapter. An approved special review use shall be deemed inactive under this subsection if there has been no activity under any portion of the special review use approval for a continuous period of twelve months or more as a result of causes within the control of the holder of the special review use approval. Section 6. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 7. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any Ordinance No. 1583, Series 2010 Page 5 of 6