Chapter 21.90 — PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This chapter identifies the effective date of permit approvals and provides requirements (including time limits) for permit implementation.

(Ord. 612 Exhibit A (part), 2008).

(a) Effective Date.

(1) Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh calendar day after the date of action, immediately following expiration of the ten-day appeal period. However, where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day.

(2) Legislative actions of the city council normally become effective thirty days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with (or that are contingent upon) a legislative action shall not be acted upon until the effective date of the required legislative action. Permit(s) shall not be issued until the effective date of required permit.

(b) Effect of Permit. The approval of a land use or development permit authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the approving authority. However, all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence. (Ord. 612 Exhibit A (part), 2008).

Unless conditions of approval or other provisions of this title establish a different time limit, any permit or approval not exercised within one year from the date of final approval shall expire and become null and void. (Ord. 612 Exhibit A (part), 2008).

(a) The period within which the exercise of a permit must occur may be extended by the same approving authority that granted the original permit. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials pursuant to Chapter 21.84.

(b) The term of a temporary use permit may not be extended.

(c) The approval of an extension extends the expiration date for one year from the original permit date. No additional extensions shall be granted for a permit which has been active for a period of two years, unless otherwise provided for in the conditions of approval or by this title.

(d) The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

(e) The extension may be granted only when the designated approving authority finds that the original permit findings can be made and that there are changing circumstances or that there has been diligent pursuit to exercise the

permit that warrants such extension.

(f) Extensions related to the terms of nonconforming uses and structures are governed by Article X, Chapter 21.130 and by Article VIII, Chapter 21.114.

(Ord. 612 Exhibit A (part), 2008).

(a) The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Unless otherwise provided by law, such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit.

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

(Ord. 612 Exhibit A (part), 2008).

For projects that involve construction in phases, the time periods for the phases may be stated in the conditions of the permit to avoid a lapse of progressive development following the completion of the first or preceding phase. (Ord. 612 Exhibit A (part), 2008).

(a) Rule. 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 and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(b) Exception. The home occupation permit is personal to the resident named on the permit and valid only for the occupation to be conducted by the resident at the location stated on the permit. The home occupation permit is not transferable to another person or site and shall not run with the land.

(Ord. 612 Exhibit A (part), 2008).

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. (Ord. 612 Exhibit A (part), 2008).