A. Time Limits:
1. Thirty Six Months: Unless a condition of approval or other provision of this development code establishes a different time limit, a conditional use permit, site plan and design review, variance, planned development permit, land use compliance review, tentative parcel map or tentative tract map not exercised within thirty six (36) months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with section 9.86.040, "Time Extensions", of this chapter.
2. Twelve Months: Unless another provision of this development code establishes a different time limit, special use permit, temporary use permit or any other land use permit not exercised within twelve (12) months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with section 9.86.040, "Time Extensions", of this chapter.
3. Definition Of "Exercised": The permit or authorization shall not be deemed "exercised" until the permittee has commenced actual construction or alteration under a valid building permit, or has substantially commenced the approved activity or allowed use of the site in compliance with the conditions of approval, in cases where a building permit is not required.
4. Run With The Land: After it has been exercised, a planning permit or authorization shall remain valid and run with the land in compliance with section 9.80.020, "Permits And Conditions To Run With The Land", of this article 5, as long as a building permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.
B. Phased Project:
1. Projects Other Than Planned Development Permits: If a project (other than a planned development permit) is to be developed in approved phases, each subsequent phase shall be exercised within thirty six (36) months from the date that the previous phase was exercised, unless otherwise specified in the permit or authorization, or the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with section 9.86.040, "Time Extensions", of this chapter. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or authorization shall be exercised before the expiration of the tentative map, or the permit or authorization shall expire and become void.
2. Planned Development Permits: Notwithstanding the above provisions of this section, a conditionally approved planned development permit for a phased project shall be subject to a time limitation not to exceed that specified by the condition of approval for the development plan approval. The applicant, however, shall either record a tract map or obtain building permits for at least one phase of the project within three (3) years of the development plan conditional approval and, as applicable, within each succeeding three (3) year period. Each three (3) year period shall begin with the last town approved action that was accomplished (e.g., recordation of a tract map, obtain a building permit). (Ord. 251, 11-18-2014)