Sec. 38-165. Lapse of Approval; Transferability

A. Procedures to be Followed upon Approval of Permits. Any person, corporation, partnership, group, association, or other legal or business entity that receives from the Planning Commission, or other City body or office, any permit or other entitlement under this chapter shall, as soon as possible after the granting of the permit or entitlement, receive from the Community Development Department a true and exact copy of the permit, along with a list of any conditions imposed by the Planning Commission or other body or office. (Ord. 3653 § 19, 2022; Ord. 3477 § 2, 2012; Ord. 3472 § 1, 2012)

B. Lapse of Approval. A Use Permit or variance shall lapse two years or at an alternative time specified as a Condition of Approval after its date of approval unless:
1. A building permit has been issued and substantial construction costs expended; or
2. A certificate of occupancy has been issued; or
3. The use is established; or

The Use Permit or Variance is renewed. A two-year time extension may be approved following a hearing by the Zoning Administrator for minor projects and by the Planning Commission for major projects. A major project may be defined as those projects requiring an Environmental Impact Report or new apartments of 4 units or greater or new commercial or industrial buildings or parking adjustments of 5 or more spaces or Variances for commercial or industrial sites involving lot coverage, floor area ratio and building height or as determined by the Community Development Director. Any subsequent extension after the first extension may be approved by the Planning Commission unless delegated by the Commission to the Zoning Administrator. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3327, 2003)

C. Transferability. The validity of a Use Permit or a variance shall not be affected by changes of ownership.

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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Ch. 38 Zoning Ordinance | Monterey City Code

D. Discontinuance. A Use Permit or variance shall lapse if the exercise of rights granted by it is discontinued for 18 consecutive months.

E. Revocation. A Use Permit or variance that is exercised in violation of a Condition of Approval or a provision of this ordinance may be revoked, as provided in Section 38-221. (Ord. 3424 § 1, 2009)