A. Termination. Every right or privilege authorized by
a variance, a conditional use permit, administrative use permit, parking
exception, parking reduction permit, parking use permit, development
projects in the SR special recreation zone, or density bonus housing
plan shall terminate two years after the granting of such variance,
conditional use permit or density bonus housing plan unless the exercise
of such right or privilege has commenced in good faith prior to such
time, except as otherwise provided in this section.
B. Cessation. For variances, conditional use permits, administrative use permits, parking exception, parking reduction permits, parking use permits, development projects in the SR special recreation zone, and density bonus housing plan such rights and privileges shall also be terminated at such time as the applicable review authority may designate in the approval of the variance, conditional use permit, parking reduction permit, parking use permit, or development projects in the SR special recreation zone review. A variance or a parking use permit may be terminated by the review authority upon any interruption or cessation of the use permitted by the variance for one year or more in the continuous exercise in good faith of such right or privilege. A parking reduction permit may be terminated by the review authority upon any interruption or cessation of the use permitted by the parking use permit in accordance with Section
30.50.070.
(Ord. 5399 Attach. A, 2004; Ord. 5536 § 21, 2006; Ord. 5645 § 32, 2009; Ord. 5747 § 66, 2011; Ord. 5752 § 9, 2011; Ord. 5803 § 104, 2013; Ord. 5818 § 24, 2013; Ord. 6027, 5/14/2024)
Permits granted by such right or privilege may be requested
one time and extended for up to a maximum of one additional year upon
receipt of a written request from the applicant and demonstration
that a reasonable effort to act on such right or privilege has commenced
within two years of the approval date. In granting such extension
the director of community development shall make a written finding
that neighborhood conditions have not substantially changed since
the granting of such variance, conditional use permit, administrative
use permit, design review, parking reduction, parking use permit,
development projects in the SR special recreation zone, administrative
exception, or density bonus housing plan.
A. For
cases for which the hearing officer is the review authority, the extension
may be granted by the director of community development.
B. For
permits for which the city council, design review board, or the director
of community development is the review authority, the extension may
be granted by the director of community development. For permits for
which the arts and culture commission is the review authority, the
extension may be granted by the director of the library, arts and
culture department.
(Ord. 5803 § 105, 2013; Ord. 5818 § 25, 2013; Ord. 5955 § 3, 2020)
A. Termination. Every right or privilege authorized by an administrative
exception shall terminate two years after the granting of such administrative
exception unless the exercise of such right or privilege has commenced
in good faith prior to such time except as otherwise provided in this
section.
B. Cessation. Such rights and privileges shall also be terminated
at such time as the hearing officer may designate in the approval
of the administrative exception or upon any interruption or cessation
of the use permitted by the modification for one year or more in the
continuous exercise in good faith of such right or privilege.
(Ord. 5399 Attach. A, 2004; Ord. 5747 § 67, 2011)
The director of community development shall grant a home occupation
for a period of time not to exceed five years.
(Ord. 5399 Attach. A, 2004; Ord. 5747 § 68, 2011)
No permit issued pursuant to this chapter shall be transferable
or assignable to any person, firm, corporation or other entity. Any
change in tenant or occupant of premises, or change in proprietor
or owner of a business shall constitute a change for which a new zoning
use certificate shall be required. Any change in business location
or change of the person or entity from that which is shown on the
issued zoning use certificate shall require a new certificate to be
obtained.
(Ord. 5399 Attach. A, 2004)
All approvals by the design review board or applicable review
authority shall be valid for a period of two years except approvals
for a sign program which shall be valid until replaced by a later
sign program approval. For murals the design review approval shall
be valid for a period of five years, at which time the design review
approval expires and a reapplication can be made prior to expiration.
A fence or wall in the street front setback or in the street side
setback in the “H” horse overlay zone approved by the
design review board must be completely constructed within two years
of the date of the design review board approval. All necessary building
permits and sign permits must be obtained within this two year period
except sign permits on a lot or site involving a sign program. In
the event that a building permit or sign permit is obtained in a timely
manner and subsequently expires, all design review board approvals
shall expire with the building permit or sign permit if such permit
expires after the two year period. However, in the event that an application
is made to the building official to renew action on an application
for a building permit or sign permit after expiration, the director
of community development shall have the authority to reinstate all
related design review board approvals for the period of the building
permit. The director of community development shall grant such reinstatement
only in the event he or she can make a written finding that neighborhood
conditions, i.e., those neighborhood conditions upon which the design
review authority determined the project’s compatibility with
the surrounding neighborhood, have not substantially changed since
the original design review approval.
(Ord. 5399 Attach. A, 2004; Ord. 5571 § 3, 2007; Ord. 5803 § 106, 2013; Ord. 5955 § 4, 2020)