Chapter 17.35 — EXPIRATIONS, TIME EXTENSIONS, AND PERMIT REVOCATION

• A. Any approved discretionary permit becomes null and void, if not legally exercised within the time specified in the approving letter or resolution or, if no specific expiration date is given in the approving letter or resolution, one year from the date of the approving letter or resolution.

A discretionary permit is considered to be legally exercised, if a building permit necessary to construct the approved development, or establish the approved use has been issued prior to the expiration date, and work has progressed diligently toward the completion of the improvements

authorized by the building permit and towards the establishment of the approved use. If no building permit is required, "legally exercised" shall mean that the approved use has been established and is operational and all required conditions of project approval are satisfied. Discretionary legislative actions, as defined in Chapter 17.105 , are distinct from discretionary permits. The time limits established above for the timely implementation of approved discretionary permits do not apply to discretionary legislative actions.

• B. If a use is legally established under an administrative zoning permit, conditional use permit, minor conditional use permit, or adult entertainment permit, and the use is discontinued for any reason for a period of 12 consecutive months or more, the permit shall be deemed abandoned by the owner and given inactive status by the director, making it subject to revocation by reason of such inactivity. In the event that the permit is revoked, the use allowed under the permit may not be resumed without first obtaining a new administrative zoning permit, conditional use permit, minor conditional use permit, or adult entertainment permit, as applicable.

• C. Any specific plan or zone reclassification approved by the city council becomes null and void, if the conditions or requirements of approval are not met within the time specified in the approving ordinance or resolution, or, if no date is specified in the approving ordinance or resolution, within one year from the date of approval by the city council.

• (Ord. 4984 § 12, 2013; Ord. 5018 § 5, 2015)

Notwithstanding the expiration dates noted above in this chapter, and upon written request from the applicant prior to the expiration date, the decision-making body, as applicable, may extend the one year time limit, or such other time restriction as specified in the letter or resolution approving the plan, permit, or variance. Such time extension may be approved by a letter in the case of an administrative zoning permit or site development plan; a resolution in the case of a conditional use permit, minor conditional use permit, adult entertainment permit, historic resource designation or variance; or a motion approved by the city council, in the case of a conditional approval of a specific plan or a zoning reclassification. Furthermore, the time extension may be approved without further public hearing. Such time extension may not exceed one additional year, and may include such reasonable new conditions as the director or the planning commission, as applicable, may apply. No more than one such extension may be granted. Decisions of the director and the planning commission regarding time extensions may be appealed in accordance with the provisions of Chapter 17.30 .

(Ord. 4984 § 12, 2013)

After holding a public hearing in the manner prescribed in Chapter 17.25 , the planning commission may revoke or modify any approved discretionary permit for any of the following reasons:

• A. The approval was obtained by fraud;

• B. The approval is being, or has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation;

• C. The use for which the approval was granted is being, or has been, conducted in such a way as to be detrimental to the public health or safety, or so as to constitute a nuisance.

• (Ord. 4984 § 12, 2013)