19.14.260 Conditional use permit or variance – Time limit for utilization – Void when – Extensions – Validity.
A. A permit grants the applicant 36 months to initiate utilization of the permit. A variance or conditional use permit shall be deemed to be utilized if the property owner has substantially changed his position in reliance upon the grant thereof. Evidence of change of position would include completion of construction, substantial work has been performed in reliance of the permit granted, or the use of the property in the manner granted by the permit.
B. Expiration Date. A permit and the rights granted thereunder shall expire if the applicant has not utilized the permit prior to the expiration date of the permit, including any extensions granted pursuant to subsection (C) of this section.
C. Application for an Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator or the Planning Commission, whichever heard the original application, may grant an extension of time contained in a then-current and valid variance or conditional use permit without a public hearing upon written request of the property owner; provided, that:
1. There has been no material change of circumstances since the granting of the variance or conditional use permit; and
2. Such changes, if any, which, when considered in conjunction with the construction or use of property theretofore permitted, would not be injurious to the neighborhood or otherwise detrimental to the public welfare.
D. Stay of Proceedings. If an application for extension of time is filed in a timely manner, the permit shall be automatically extended for a period of 60 calendar days from the expiration date or until a decision on the extension of time has been made, whichever occurs last.
E. Review of Application. An application for an extension of time of a permit shall be reviewed by the Development Services Director to determine whether the proposed development has significantly changed or is in substantial conformance with the approved permit. If the proposed development is in substantial conformance with the approved permit, an extension will be granted and an application for an amendment to the permit will not be required. The extension of time may be granted without notice or public hearing by the original permitting authority, upon making a determination that the findings and conditions of the original approval still apply and if the original permit account balance is in good standing. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.
F. Length of Extension. An extension shall not exceed 12 months from the original expiration date.
G. Fees. Fee(s) for an extension of time for a variance or conditional use permit shall be in the amount identified in the master fee schedule or any amendments thereto. (Ord. 3544 § 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code § 33.1310).