(a) Inactive permit applications. Permit applications require the payment of fees and deposits for permit processing, and submittal of application materials as specified in Chapter 2 of Division 1 of Title 8, and adopted Schedule of Filing Fees and Deposits. To determine if a project is "inactive", a permit application shall meet the criteria in the definition of "inactive permit application", Section 81.102.
(b) Application withdrawal or extension of time. Once a permit application is deemed inactive, the Director, or their designee, shall provide written notification to the inactive permit application holder that certain materials, funds, and/or other information are needed in order to continue processing the permit application. The applicant shall have 60 days from the date of the written notification to submit the requested materials, funds, and/or other information or to request an extension in accordance with subparagraph "1" below.
(1) No later than 60 days before the expiration of the two-year period of inactive status, the Director shall provide written notification to the permit holder that the two-year period of inactive status is expiring, and that certain materials, funds, and/or other information are needed in order to continue processing the permit application. Upon the receipt of a request for an extension of inactive status, a two-year extension of inactive status may be granted. If the materials, funds, and/or other information, or a written request for an extension, is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(2) No later than 60 days before the expiration of the first two-year extension of inactive status, the Director shall provide written notification to the permit holder that the first two-year extension of inactive status is expiring, and that certain materials, funds, and/or other information are needed to continue processing the permit application. If the materials, funds, and/or other information, or a written request for a second extension pursuant to subparagraph "3" below, is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(3) Upon the receipt of a request for a second extension, the Director may grant a second extension of inactive status pursuant to subparagraph "c" of this section. If granted a second extension, the applicant shall then have an additional two years to submit the requested materials, funds and/or other information. No later than 60 days before the expiration of the second two-year extension, the Director shall provide written notification to the permit holder that the second two-year extension is expiring, that certain materials, funds, and/or other information are needed in order to continue processing the permit application. If the requested materials, funds, and/or other information is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(c) Extenuating circumstances. The applicant may request an additional extension of the inactive permit application for two years due to extenuating circumstances, as specified in the definition of "extenuating circumstances", Section 81.102, in accordance with the following:
(1) The applicant shall submit a written request for an extension 60 days prior to the expiration of the permit application describing the extenuating circumstances applicable to the project.
(2) If the Director finds that there are extenuating circumstances applicable to the project, the Director may approve an additional extension of the inactive permit application for up to two years.
(3) No later than 60 days before the expiration of the two-year extension for extenuating circumstances, the Director shall provide written notification to the permit holder that the final two-year extension is expiring, that certain materials, funds, and/or other information are needed in order to continue processing the permit application. If the materials, funds, and/or other information are not received within the 60 days, the project application will be deemed withdrawn and closed in accordance with subparagraph "d" of this section.
(d) Project closure. Upon deeming an inactive project application withdrawn, the Director shall notify the applicant in writing that the project application has been deemed withdrawn and is closed. Projects which require a deposit account shall be charged for the project closure, and any unused funds will be refunded pursuant to Section 81.207.
(e) Reapplication. Once closed, a permit application cannot be reopened. To reapply, the applicant shall submit a new development permit application with required submittal materials and shall be subject to all applicable fees and regulations in effect on the date the new application is deemed complete.
(f) Decisions by the Director under this section may be appealed by the permit applicant in accordance with Section 7200 through 7206 of the Zoning Ordinance.
(Added by Ord. No. 10783 (N.S.), effective 5-27-22)