§ 106.64.070. Permit Time Limits, Extensions, and Expiration

A.

Time limits. Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B below.

1.

The permit shall not be deemed "exercised" until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 106.64.050 (Permits to Run with the Land), as long as a Building Permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.

3.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void in compliance with Subsection D below, except where an extension of time is approved in compliance with Subsection B below. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void.

4.

In the event of expiration, the City shall take action to revoke the permit in compliance with Section 106.64.090 (Permit Revocation or Modification), no later than the time that the property owner attempts to rely on the permit, including by applying for a grading, building, or other construction permit.

B.

Extensions of time. Upon written request by the applicant, the Director may grant a single extension of one year to the time for an approved Planning Permit to be exercised. In the case of projects that involve tentative maps that are extended in time pursuant to the provisions of the Subdivision Map Act, all entitlements associated with that project shall expire no sooner than the approved tentative map.

1.

Filing and review of request.

a.

Time for filing. The applicant shall file a written request for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the City's Fee Schedule.

b.

Evidence to be provided. The Director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated financial hardship, problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit.

2.

Action on extension request. A permit may be extended as follows for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.

a.

Director's action. Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the Director, whose decisions may be appealed to the Commission, in compliance with Chapter 106.72 (Appeals).

b.

Commission action. One subsequent extension may be approved, approved with modifications, or disapproved by the Commission, whose decisions may be appealed to the Council in compliance with Chapter 106.72 (Appeals).

C.

Expiration. If a permit expiration date is reached with no extension requested, or a requested extension is denied or expires, the permit shall be revoked in compliance with Section 106.64.090 (Permit Revocation or Modification).

D.

Effect of expiration. After the expiration of a planning permit in compliance with Subsection A.1 above, no further work shall be done on the site until a new planning permit and any required Building Permit or other City permits are first obtained.

(Ord. No. 2008-15, § 1, 12-11-2008)