(A) 
Scope.
(1) 
Except as otherwise provided herein, this section applies to and describes the duration of all development approvals provided for under this code.
(2) 
This section does not apply to:
(a) 
Those determinations made by declaratory ruling, such as verifications of non-conforming uses and lot of record determinations that involve a determination of the legal status of a property, rather than whether a particular application for a specific land use meets the applicable standards of the code. Such determinations are final unless appealed and are not subject to any time limits;
(b) 
Temporary use permits of all kinds, which are governed by applicable ordinance provisions specifying the duration of such permits;
(c) 
Quasi-judicial and legislative plan and map amendments;
(d) 
Master Plans, which are governed by SDC 5.13.100, Master Plans; or
(e) 
Annexations; or
(f) 
Vacations.
(B) 
Duration of Approvals.
(1) 
A permit for a discretionary approval is void 2 years after the date of the final decision if the use approved in the permit is not initiated within that time period, unless otherwise specified in the approval, by other provisions of this code, and or unless the approval period is extended pursuant to subsection (C) below.
(2) 
Approval of tentative land division plats is void 2 years after the date of preliminary approval, if the final plat has not been recorded with Lane County, unless otherwise specified in the approval, by other provisions of this code, and or unless the approval period is extended pursuant to subsection (C) below.
A 1-year extension may be approved by the Director if the applicant can demonstrate sufficient progress to reasonably assure the plat will be recorded at the end of the third year, and if:
(a) 
An applicant makes a written request for an extension of the development approval period; and
(b) 
The request is submitted to the Director prior to the expiration of the approval period.
(3) 
In the case of a development approval authorized under applicable approval standards to be completed in phases, each phase must be consistent with the time specified in the approval. In no case can the total time period for all phases be greater than 5 years.
(C) 
Time Extensions.
(1) 
Unless prohibited by the approval or other provisions of this code, the Director may grant 1 extension of up to 1 year for a development approval that contained a 2-year initial duration of approval, if:
(a) 
An applicant makes a written request on the form provided by the Director for an extension of the development approval period, accompanied by the required fee; and
(b) 
The request for extension is submitted to the Director prior to the expiration of the approval period, but not earlier than 6 months before the expiration date of the permit.
(2) 
The Director may grant 1 or more additional extensions if authorized by a City Council resolution which recognizes a City-wide need for an additional limited-duration extension, not to exceed 2 years. The additional extension may be granted if:
(a) 
The applicant has exhausted all other extension opportunities;
(b) 
The applicant makes a written request for an extension of the development approval period; and
(c) 
The request is submitted to the Director prior to the expiration of the approval period.
(3) 
In addition to, or in lieu of, the extensions provided under subsections (C)(1) and (C)(2) above, the Director may grant an additional extension based upon good cause, provided that:
(a) 
The request for an extension is made in writing prior to expiration of the original approval;
(b) 
There are special or unusual circumstances that exist which warrant an extension;
(c) 
No material changes of surrounding land uses or zoning has occurred; and
(d) 
No new land use regulations have been adopted that affect the applicant’s proposed development.
(4) 
Approval of an extension granted under this section is an administrative decision and is not a land use decision or a limited land use decision as described in ORS 197.015 or this code. An extension is not subject to appeal and will be processed as a Type 1 application.
(D) 
Effect of Appeals. The time period set forth in subsection (B) of this section will be tolled upon filing of an appeal to LUBA, until all appeals are resolved.
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(A) 
For the purposes of this section, development undertaken under a development approval described in SDC 5.1.1005, Expiration of Approval, has been “initiated” if it is determined that:
(1) 
The proposed use has lawfully occurred;
(2) 
Substantial construction toward completion of the development approval has taken place; or
(3) 
Where construction is not required by the approval, the conditions of a permit or approval have been substantially exercised and any failure to fully comply with the conditions is not the fault of the applicant.
(B) 
For the purposes of this section, substantial construction has occurred when the holder of an approval has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward the completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development.
(C) 
Initiation of use must not be granted in lieu of a phased approval.
(D) 
A determination of whether a land use has been initiated must be processed as a declaratory ruling.
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(A) 
An approval may be modified at any time after a decision becomes final.
(B) 
Modification of Type 2 Approval Procedures.
(1) 
A modification of a Type 2 approval that does not have significant additional impacts on surrounding properties must be reviewed only under the standards applicable to the aspect(s) of the proposal that are to be modified.
(2) 
A modification that has significant additional impacts on surrounding properties must be reviewed under all standards applicable to the entire approval and may, at the discretion of the Director, require the filing of a new application.
(3) 
A modification must not be considered to have significant additional impacts on surrounding properties if the identified impacts could be addressed under the applicable provisions of this code at the time of future development (e.g., a future site plan review or conditional use permit application).
(4) 
A modification that is a new proposal must be filed as a new application.
(C) 
An application for a modification of a Type 1 approval must be processed as a Type 1 application. All other modifications must be processed as a Type 2 application unless elevated to a Type 3 process by the Director.
(D) 
The original approval time limitation is governed by SDC 5.1.1005.
(E) 
Modifications of development approvals must meet the approval standards required in subsection (B) of this section in the appropriate corresponding section of this code (e.g., modification of a site plan review approval is subject to SDC 5.17; modification of a discretionary use permit is subject to SDC 5.9, modification of a master plan is subject to the applicable sections in SDC 5.13).
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Except as otherwise provided in this code, a development approval is deemed to run with the land and be transferable to applicant’s successors in interest.
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(A) 
Proceedings to revoke a development approval must be initiated by the Director by giving notice of intent to revoke to the property owner.
(B) 
The Director may revoke a development approval for the following reasons:
(1) 
The conditions or terms of development approval are violated; or
(2) 
The project is not in substantial conformance with the approved plans or decision; or
(3) 
The applicant or the applicant’s representative made a material misstatement of fact in the application or supporting documents and such misstatement was relied upon by the Approval Authority in making its decision whether to accept or approve the application.
(C) 
Revocations must be processed as a declaratory ruling according to SDC 5.1.1100.
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An application for a property owner-initiated Plan Amendment, which a substantially similar application relating to the same property or tract has been denied within the previous year, will not be accepted. At the Director’s discretion, an earlier refiling may be allowed if it can be demonstrated that the basis for the original denial has been eliminated.
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