Division 9 — PERMITS IN GENERAL

(a)

Planning commission actions on discretionary permits. All decisions of the planning commission granting or denying a discretionary permit, where the planning commission is identified as the final approving authority shall become effective eleven (11) days following such action unless a valid appeal has been properly filed with the city or unless the planning commission has either referred its action to the city council or has requested council review of its decision, in which case the action is stayed until city council action.

(b)

City council actions on discretionary permits. All decisions of the city council in granting or denying a discretionary permit, whether on appeal, referral or review shall become effective on the next city business day following city council action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action, in which case subsection (c) herein will govern.

(c)

Discretionary permits subject to legislative actions. Whenever a discretionary permit is being processed concurrently with a legislative action or is subject to the approval of any legislative action, the discretionary permit becomes effective concurrently on the date legislative action becomes effective.

(Ord. No. 24-03, § 2, 9-17-24)

Sec. 29-342. - Authority to proceed.

No building permit or authority to proceed shall be granted to a use subject to a discretionary permit until the decision is final and all appeal periods have expired.

• (Ord. No. 24-03, § 2, 9-17-24)

(a)

Any variance or permit granted pursuant to this chapter shall become null and void if not exercised within the time limit specified in the approving document or within one (1) year if no time has been specified.

(b)

Unless an earlier expiration date appears on the face of the permit any development permit which is issued in conjunction with a tentative subdivision map for a planned unit (residential) development shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

The exercise of a permit occurs when the property owner has completed all conditions of the variance or permit and incurred substantial liabilities.

(b)

Unless otherwise provided, permits that have not been exercised prior to a zoning ordinance amendment which makes the approved use or structure of the permit nonconforming shall automatically be deemed invalid on the effective date of the zoning ordinance amendment.

(Ord. No. 24-03, § 2, 9-17-24)

Land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is continuous and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(Ord. No. 24-03, § 2, 9-17-24)

A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction and made available upon request by an official of the city.

(Ord. No. 24-03, § 2, 9-17-24)

The planning commission may, after public hearing held in a manner prescribed by this chapter governing variances and conditional use permits, revoke or modify any such permit or variance issued on any one (1) or more of the following grounds:

(1)

That the approval was obtained by fraud.

(2)

That the use for which such approval is granted is not being exercised.

(3)

That the use for which such approval was granted has ceased to exist or has been suspended for one (1) year or more.

(4)

That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

(5)

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-348—29-351. - Reserved.