(A) Zoning and special use permits shall expire automatically if, within one year after the issuance of the permits:
(1) The use authorized by the permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of the use; or
(2) Less than 10% of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permits has been completed on the site.
(B) If, after some physical alteration to land or structures begins to take place, the work is discontinued for a period of one year if the date of discontinuance occurs more than one year after the issuance of the permit, or equal to two years less than the time between the issuance of the permit and the time work is discontinued if the date of discontinuance occurs less than one year after the issuance of the permit, then the permit authorizing the work shall immediately expire. However, expiration of the permit shall not affect the provisions of this section.
(C) The permit issuing authority may extend for a period up to one year the date when a permit would otherwise expire pursuant to divisions (A) or (B) above if it concludes that the permit has not yet expired, the permit recipient has proceeded with due diligence and in good faith and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to one year upon the same findings. All extensions may be granted without resort to the formal processes and fees required for a new permit.
(D) For purposes of this section, the permit within the jurisdiction of the City Council is issued when the Board votes to approve the application and issue the permit. A permit within the jurisdiction of the Planning Director or his or her designee is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant; or
(2) The Planning Director or his or her designee notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required under state law.
(E) Notwithstanding any of the provisions for nonconforming situations, this section shall be applicable to permits issued prior to the date this section becomes effective.
(2009 Code, § 155.262) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)