Article IV — Permit Attributes

A. Time to establish use, construct development project, or demolish a building or structure under a discretionary permit.

1. General rule.

a. A discretionary permit expires and is thereafter void if the use or development project for which the discretionary permit has been granted is not established within the applicable time period. The applicable time period is either:

i. Three years from the effective date of approval of the discretionary permit; or

ii. The time specified by the decision-maker, if so stated in a condition of approval of the discretionary permit.

b. A use or development project that requires a building permit is established when the building permit is secured for the entire development project and construction is physically commenced.

c. A use or development project that does not require a building permit is established when all of the activities for which the discretionary permit has been granted have commenced.

d. The determination of whether the use or development project has been established is made by the planning director.

e. The holder of the discretionary permit may appeal the determination of the planning director to the planning and design commission as provided in section 17.812.060.

f. This subsection A.1 does not apply to discretionary permits that are associated with the demolition of a building or structure in a historic district or involving a landmark.

2. Site plan and design review involving the demolition of a building or structure located in a historic district or involving a landmark. A site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark expires and is thereafter void if a demolition permit or a building permit for the demolition work has not been obtained and substantial expenditures in good faith reliance upon the permit have not been made with 180 days from the effective date of approval.

B. Extension of time to establish use, construct development project, or demolish a building or structure under a discretionary permit.

1. General rule. One or more applications to extend time to establish a use, construct a development project, or demolish a building or structure may be granted for a discretionary permit up to a cumulative total extension period of five years. An application for an extension of time is discretionary and is not the automatic right of an applicant.

a. Time of filing. An application to extend time to establish a use, construct a development project, or demolish a building or structure under a discretionary permit shall be filed no later than the date the discretionary permit expires. If an application to extend time is timely filed, the discretionary permit shall not expire until action is taken on the application or the application is withdrawn.

b. Approval authority.

i. An application to extend time to establish a use or construct a development project under a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.

ii. An application to extend the time to establish a use, construct a development project, or demolish a building or structure under a site plan and design review approval is subject to review at the staff level under the general direction of the preservation director if the development project is located in a historic district or involves a landmark. Otherwise, the application is subject to review under the general direction of the design director.

c. Decision and findings. The decision-maker may approve the application for an extension of time for good cause and based on the findings required for approval of the permit type as stated in this chapter. The decision-maker may impose conditions on the extension of time as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval.

d. This subsection B.1 does not apply to discretionary permits that are associated with site plan and design review approval for the demolition of a building or structure in a historic district or involving a landmark.

2. Extension of time for the demolition of a building or structure located in a historic district or involving a landmark. An application for an extension of time of a site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark may be extended for a period of up to an additional 45 days upon application to the preservation director filed no later than 30 days prior to expiration.

3. Discretion to elevate review of request. The zoning administrator, planning director, preservation director, or design director, in their sole discretion, may elect to elevate the review and decision on an application to extend the time to establish a use or construct a development project under their general direction or authority from the staff level to the director level. The decision of the director under this section is final and is not subject to reconsideration or appeal.

C. Term of discretionary permit. Once the use or development project authorized by a discretionary permit is established, the permit is of indefinite duration, unless an expiration date has been specifically stated as a condition of the permit, or unless the permit expires for discontinuance of use under section 17.808.410. (Ord. 2017-0061 § 90; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.808.410 Discretionary permits-Expiration for discontinuance of use.

A. If a use authorized by a conditional use permit is discontinued for a continuous period exceeding two years, the permit expires for discontinuance of use and thereafter is void. For discontinuance of a nonconforming use, see section 17.232.100.

B. If a building or structure is damaged, demolished, or destroyed, the site plan and design review approval and any variance approval for the building or structure expires for discontinuance of use and thereafter is void, unless repair or reconstruction work is commenced within two years following the date of damage or destruction and diligently prosecuted to completion. Commencement of repair or reconstruction is deemed to occur when a building permit is obtained and construction physically commenced. All repair or reconstruction work must be in accordance with the regulations of the building code existing at the time the building permit application for the work is filed. (Ord. 20170061 § 91; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The use of property that is the subject of a discretionary permit shall conform in all respects with, and shall not extend beyond, what was approved by the discretionary permit, including all plans, exhibits, and conditions of approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. Request for modification—classification as major or minor.

1. A request to modify the terms and conditions of a site plan and design review permit may be made by filing an application for modification. A request for modification is discretionary and is not the automatic right of an applicant. If the project is located in a historic district or involves a landmark, a proposed modification is classified as either major or minor by the preservation director. If the project is not located in a historic district and does not involve a landmark, a proposed modification is classified as either major or minor by the design director. The classification of a modification as major or minor does not require notice or hearing. The classification of a modification as major or minor is final and not subject to reconsideration or appeal.

2. A major modification is one that will result in any one of the following:

• a. The deletion of a condition of approval;

• b. A change to a condition of approval that prevents or substantially alters its intended outcome; or

• c. A substantial change to exhibits (e.g., site plans, architectural plans, landscape plans, design specifications,

etc.) that accompany the permit.

3. A minor modification is one that is not classified as a major modification.

• B. Decisionmaking.

1. Major modifications.

a. Decision-maker. If the development project is located in a historic district or involves a landmark, a request for a major modification is subject to review by the preservation director. If the project is not located in a historic district and does not involve a landmark, the modification is subject to review by the design director.

b. Decision and findings. Approval of a major modification is made at the director level and based on the findings in section 17.808.140. Approval may include the imposition of new or different conditions as determined to be necessary or appropriate to make the required findings.

2. Minor modifications.

a. Decision-maker. If the development project is located within a historic district or involves a landmark a request for a minor modification is subject to review by the preservation director. If the development project is not

located within a historic district and does not involve a landmark, the modification is subject to review by the design director.

b. Decision and findings. Approval of a minor modification is made at the staff level and based on the findings in section 17.808.150. Approval may include the imposition of new or different conditions as determined to be necessary or appropriate to make the required findings. (Ord. 2024-0051 § 31; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Request for modification-Classification as major or minor.

1. A request to modify the terms and conditions of a conditional use permit or variance may be made by filing an application for modification at any time during the term of the permit. A request for modification is discretionary and is not the automatic right of an applicant. A proposed modification is classified as either major or mi-nor by the zoning administrator, without notice or hearing. The decision on the classification of the modification is final and is not subject to reconsideration or appeal.

2. A major modification is one that will result in a material change in the nature of a project. The following are deemed major modifications for purposes of this section. This list is not inclusive, and the fact that a particular change is not included does not limit discretion or authority of the decision-maker to determine that a particular proposed change or set of changes to the permit constitutes a major modification. The following changes constitute major modifications for purposes of this provision:

a. Any major change in the pattern or volume of traffic flow either on or off any property covered by the

permit;

• b. Any change in the nature of the use;

• c. Any increase in the density of dwelling units per acre; and

• d. Any material changes in the orientation or location of structures on the parcel.

3. A minor modification is any modification that is not classified as a major modification.

B. Approval authority-Major modification. A request for a major modification to the terms and conditions of a

conditional use permit or variance is subject to review at the director level by the zoning administrator.

C. Decision and findings-Major modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sionmaker may impose conditions on the modification as the decision-maker determines to be necessary or appropriate to make the required findings.

D. Appeal. A decision on a request for a major modification is appealable to the planning and design commission as provided in section 17.812.060.

E. Approval authority-Minor modification. A minor modification to the terms and conditions of a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.

F. Decision and findings-Minor modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sionmaker may impose conditions on the modification as the decision-maker determines to be necessary or ap-propriate to make the required findings.

G. Reconsideration. A decision on a request for a minor modification is subject to reconsideration under section 17.812.020, and is not appealable.

H. Discretion to elevate review of request. The zoning administrator or planning director, in their sole discretion, may elect to elevate the review and decision of a request to modify the terms and conditions of a conditional use permit or variance under their general direction or authority from the staff level to the director level, or from the

director level to the commission level. The decision of the director under this section is final and is not subject to reconsider-ation or appeal. (Ord. 2021-0024 § 40; Ord. 2017-0061 § 92; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. Decision authority. Revocation of a conditional use permit is reviewed by the original decision-maker.

• B. Decision and findings.

1. The decision-maker may revoke a conditional use permit based on any one or more of the following findings:

• a. That the property's use is detrimental to the public health, safety, or welfare;

• b. That the property's use constitutes a public nuisance; or

• c. That the property's use violates any condition of approval of the discretionary permit.

2. If the decision-maker determines that there are grounds to revoke the discretionary permit, the decision-maker may, in lieu of revocation, impose additional or modify existing conditions of approval of the discretionary permit as the decision-maker determines to be necessary or appropriate for the use of the property to conform to the standards of approval.

C. Appeal. A director-level decision to revoke or modify a conditional use permit is appealable to the planning and design commission, and a commission-level decision to revoke a conditional use permit is appealable to the city council, as provided in section 17.812.060. (Ord. 2017-0061 § 93; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The development and use of property that is the subject of an administrative permit shall conform in all respects with, and shall not extend beyond, what was approved by the administrative permit, including all plans, exhibits, and conditions of approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. An administrative permit expires and is thereafter void if the use or development project for which the administrative permit has been granted is not established within three years of the effective date of approval. B. Once the use or development project authorized by an administrative permit is established, the permit is of indefinite duration, unless the term of the administrative permit is established in this title or is specifically stated as a condition of the permit, or unless the permit expires for discontinuance of use under subsection C.

C. If a use authorized by an administrative permit is discontinued for a continuous period exceeding two years, the permit expires for discontinuance of use and thereafter is void. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. Decision authority. Revocation of an administrative permit is reviewed by the original decision-maker. B. Decision and findings.

1. The decision-maker may revoke an administrative permit, based on any one or more of the following findings:

• a. That the property's use is detrimental to the public health, safety, or welfare;

• b. That the property's use constitutes a public nuisance; or

• c. That the property's use violates any condition of approval of the administrative permit.

2. If the decision-maker determines that there are grounds to revoke the administrative permit, the decision-maker may, in lieu of revocation, impose additional or modify existing conditions of approval of the adminis-trative permit as

the decision-maker determines to be necessary or appropriate for the use of the property to conform to the standards of approval.

C. Appeal. A decision to revoke of modify an administrative permit is subject to reconsideration under section 17.812.020 and is not appealable. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)