A. Time to establish use, construct development project, or demolish a building or structure under a discretionary permit.
1. General rule.
a. A discretionary permit expires and is thereafter void if the use or development project for which the discretionary permit has been granted is not established within the applicable time period. The applicable time period is either:
i. Three years from the effective date of approval of the discretionary permit; or
ii. The time specified by the decision-maker, if so stated in a condition of approval of the discretionary permit.
b. A use or development project that requires a building permit is established when the building permit is secured for the entire development project and construction is physically commenced.
c. A use or development project that does not require a building permit is established when all of the activities for which the discretionary permit has been granted have commenced.
d. The determination of whether the use or development project has been established is made by the planning director.
e. The holder of the discretionary permit may appeal the determination of the planning director to the planning and design commission as provided in section 17.812.060.
f. This subsection A.1 does not apply to discretionary permits that are associated with the demolition of a building or structure in a historic district or involving a landmark.
2. Site plan and design review involving the demolition of a building or structure located in a historic district or involving a landmark. A site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark expires and is thereafter void if a demolition permit or a building permit for the demolition work has not been obtained and substantial expenditures in good faith reliance upon the permit have not been made with 180 days from the effective date of approval.
B. Extension of time to establish use, construct development project, or demolish a building or structure under a discretionary permit.
1. General rule. One or more applications to extend time to establish a use, construct a development project, or demolish a building or structure may be granted for a discretionary permit up to a cumulative total extension period of five years. An application for an extension of time is discretionary and is not the automatic right of an applicant.
a. Time of filing. An application to extend time to establish a use, construct a development project, or demolish a building or structure under a discretionary permit shall be filed no later than the date the discretionary permit expires. If an application to extend time is timely filed, the discretionary permit shall not expire until action is taken on the application or the application is withdrawn.
b. Approval authority.
i. An application to extend time to establish a use or construct a development project under a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.
ii. An application to extend the time to establish a use, construct a development project, or demolish a building or structure under a site plan and design review approval is subject to review at the staff level under the general direction of the preservation director if the development project is located in a historic district or involves a landmark. Otherwise, the application is subject to review under the general direction of the design director.
c. Decision and findings. The decision-maker may approve the application for an extension of time for good cause and based on the findings required for approval of the permit type as stated in this chapter. The decision-maker may impose conditions on the extension of time as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval.
d. This subsection B.1 does not apply to discretionary permits that are associated with site plan and design review approval for the demolition of a building or structure in a historic district or involving a landmark.
2. Extension of time for the demolition of a building or structure located in a historic district or involving a landmark. An application for an extension of time of a site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark may be extended for a period of up to an additional 45 days upon application to the preservation director filed no later than 30 days prior to expiration.
3. Discretion to elevate review of request. The zoning administrator, planning director, preservation director, or design director, in their sole discretion, may elect to elevate the review and decision on an application to extend the time to establish a use or construct a development project under their general direction or authority from the staff level to the director level. The decision of the director under this section is final and is not subject to reconsideration or appeal.
C. Term of discretionary permit. Once the use or development project authorized by a discretionary permit is established, the permit is of indefinite duration, unless an expiration date has been specifically stated as a condition of the permit, or unless the permit expires for discontinuance of use under section 17.808.410. (Ord. 2017-0061 § 90; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)