The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a development plan permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions ofthis development code, each approved development plan permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been substantially constructed or a building permit issued before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the development plan permit. If the use granted by the development plan permit has not been substantially constructed or a building permit issued before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved development plan permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved development plan permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved development plan permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement officer of a violation of this chapter or the conditions of operations by a development plan permit holder, the director may issue an order suspending the development plan permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a development plan permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the development plan permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
G. Run With the Land. The development plan permit that is valid and in effect, and was granted in compliance with the provisions ofthis chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)