A. Time Limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire one year from the date of approval, if the use has not been exercised, unless otherwise specified in the permit or entitlement. A time extension may be granted in compliance with Subsection 17.595.030.C. (Project Phasing) below, if a written request is submitted by the applicant and received by the Division prior to expiration of the approval.
If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the permit or entitlement shall deemed void.
B. Permit Implementation - Exercising the Permit or Entitlement. The zoning approval shall not be deemed “exercised” until the permittee has commenced actual construction (after obtaining any required construction permit); provided that, in all cases, construction shall be diligently pursued until completion of the subject structure. If no construction is required, the zoning approval shall be deemed “exercised” when the permittee has actually commenced the allowed use on the subject site, in compliance with the conditions of approval.
C. Project Phasing. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phases was exercised, unless otherwise specified in the zoning approval, or the zoning approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map, and the zoning approval shall be exercised before the expiration of the Tentative Map, or the zoning approval shall expire and be deemed void.
D. Extensions of Time.
1. The applicant shall file a written request for an extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval.
2. The burden of proof is on the applicant to establish, with substantial evidence that the zoning approval should be extended. Upon determination that the applicant has made a good faith effort to establish the permit, the Director may extend the time to establish an approved permit for up to an additional 12 months, unless the conditions of approval authorize longer extensions. Whenever an extension is requested after approval of a first extension, the Director shall notify the Commission and Council of such request prior to acting upon same.
(Ord. No. 2005-007 § 1 (part))