Division 17 — TIME LIMITS, EXTENSIONS AND REVOCATIONS

The following provisions specify permit time limits, procedures for extensions of time and revocation of permits.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Time limits. Unless outlined otherwise in conditions of approval, any permit or entitlement not used within two (2) years of approval shall become void. For phased projects, a permit or entitlement becomes void if there has been no significant construction activity for a period of one (1) year, notwithstanding previous construction activity. The permit shall not be deemed "used" until the permittee has actually obtained a building permit and commenced construction or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.

b.

Extension. Upon receipt of an application for an extension of a valid permit, the zoning administrator shall hold a duly noticed hearing on such proposed extension of a permit. The purpose of the hearing is to determine whether the permittee has made a good-faith effort to comply with the conditions of the permit during the initial two (2) year time limit of the permit or, for phased projects, during any one (1) year period following building inspection of new construction. The burden of proof is on the permittee to establish by a preponderance of substantial evidence that the permit should not expire.

If the zoning administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the zoning administrator may renew the permit either one (1) time for an additional two (2) years from the expiration date of the original permit, or up to two (2) times each for one (1) additional year, not to exceed a cumulative total of two (2) years from the expiration date of the original permit.

c.

Conditions. At the time of renewal of a permit, the zoning administrator may modify conditions of approval or add new conditions of approval as may be appropriate to any change in the community or city requirements or procedures since the original approval. The zoning administrator shall render their decision no later than thirty (30) days following the hearing.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 41, 1/23/24.)

The zoning administrator shall hold a duly noticed public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of this chapter. For temporary use permits, the

zoning administrator shall mail or deliver written notice of the hearing to the permittee or property owner. For all other permits, ten (10) days prior to the public hearing, notice in writing shall be hand-delivered or mailed using first class, prepaid mail, return receipt requested service to the applicant and/or owner of the property for which the permit was granted and mailed or delivered to the listed owners of real property within three hundred (300) feet of the subject property.

a.

Permit revocation. A permit may be revoked or modified by the zoning administrator if any one (1) of the following findings can be made:

1.

That the permit was obtained by misrepresentation or fraud;

2.

That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for six (6) or more months;

3.

That one (1) or more of the conditions of the permit have not been met;

4.

That the improvement, use or activity authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation;

5.

That the improvement, use or activity allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance; or

6.

That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law.

(Ord. No. 18.13, § 1, 12/10/13.)

A formal permit application which has been inactive for ninety (90) days shall be deemed withdrawn without notice, public hearing or other proceeding. An application is inactive when a formal resubmittal that is substantially responsive to the city's completeness/comment letter has not been provided. Once an application is deemed withdrawn, the applicant shall be required to submit a new application and fees in compliance with the city's application submittal requirements.

(Ord. No. 4.22, § 27, 4/12/22; Ord. No. 01.2024, § 42, 1/23/24.)

DIVISION 18. - URGENCY INTERIM ORDINANCES

SEC. 36.58. - Urgency interim ordinances. SEC. 36.58.05. - Purpose.

An urgency interim ordinance allows the city to respond to an immediate threat to the community's health, safety or welfare that may be presented by proposed modification or establishment of uses or structures through the adoption of temporary regulations or prohibitions of such uses or structures. Such urgency interim ordinances provide the opportunity for the community to more closely evaluate such uses or structures and to determine through the regular zoning ordinance amendment procedures appropriate new regulations, if any, that may be needed to control such uses or structures to ensure proper protection of the community without such consideration being preempted by the affected development. For purposes of this chapter, an urgency interim ordinance shall mean the same as an emergency ordinance as provided for in City Charter Section 514.

(Ord. No. 18.13, § 1, 12/10/13.)