19.14.600 Design review approval – Time limit for implementation – Extensions.
A. A design review approval (permit) grants the applicant 36 months to initiate utilization of the permit. A 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 on 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. Request for Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator or the Planning Commission, may grant an extension of time contained in a currently valid permit without a public hearing upon request of the property owner; provided, that:
1. There has been no material change of circumstances since the granting of the permit;
2. That 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 be in excess of 12 months from the original expiration date of the permit.
G. Fees. The fee(s) for an extension of time for a variance or conditional use permit shall be in the amount(s) identified in the master fee schedule or any amendments thereto. (Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2309-A § 1, 1989).