(a) 
Period of Validity. The period of validity for a Conditional Use Permit or a Planned Development Permit shall begin on the permit's effective date as set forth in Section 12-35.109. The period of validity shall run pursuant to subsection (c) of this section. The expiration date of a discretionary permit issued in conjunction with a tentative subdivision map shall correspond with the expiration of that map, including any extensions.
(b) 
Establishment. A conditional use permit or planned development permit shall be deemed established if the following actions occur within three years of the effective date of the approval or within such other time period designated by the approval:
(1) 
In the case of a conditional use permit or planned development permit where ministerial permits are required, such permits have been issued.
(2) 
In the case of a conditional use permit or planned development permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a business license is required, such business license has been issued.
(c) 
Expiration. A conditional use permit or planned development permit shall expire and be of no further force or effect if:
(1) 
The permit is not established within three years of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or
(2) 
After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six months.
(d) 
Time Extensions.
(1) 
Upon application before expiration of the period of validity, the original decision-making body may grant an extension to the period of validity for up to two years if it finds that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making body.
(2) 
Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted.
(Ord. 2019-04 § 1, eff. 7/4/19; Ord. 2024-03, eff. 5/2/2024)
(a) 
Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit or planned development permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the approval of a new use permit or planned development permit.
(b) 
No building permit for such additions, enlargements, modifications or extensions shall be issued unless the decision making body has granted a use permit or planned development permit therefor.
(c) 
The Zoning Administrator may grant minor modification(s) to uses and structures without public notice or hearing, provided the modification(s) do not significantly expand or intensify the use for which the conditional use permit or planned development permit was granted.
(Ord. 2019-04 § 1, eff. 7/4/19)
Any approved permits existing at the date of adoption of the ordinance from which this Article derives shall continue to remain valid, until amended, according to the regulations stated in this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
(a) 
Grounds for Revocation. Any conditional use permit or planned development permit may be revoked by the decision-making body that originally took action on the permit pursuant to the provisions of this section on any of the following grounds:
(1) 
Such approval was based on inaccurate or misleading information.
(2) 
One or more of the conditions upon which such approval was granted or extended have been violated.
(3) 
The permit included a specific timeline that has not been complied with, or provided for phasing that has not occurred within the time provided for such phasing.
(4) 
The permit involves a conditional use that has been abandoned.
(b) 
Procedure. Prior to any action on revocation, the decision-making body shall hold a public hearing noticed and held in accordance with Section 12-35.104, except that the permittee shall be given not less than thirty days' notice. The notice shall state the causes for which the revocation is to be considered.
(c) 
Action of Decision-Making Body. Following the hearing, the decision-making body may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit and any other additional conditions of approval necessary to preserve the public health, safety or welfare.
(d) 
Amortization. If a revocation of any permit is ordered, the decision-making body may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on a later application to the decision-making body by any affected person.
(e) 
Appeal. Any action by the decision making body pursuant to this section may be appealed as set forth in Section 12-35.401.
(Ord. 2024-03, eff. 5/2/2024)