§ 17.64.050. Time limits and extensions  


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  • A. Time Limits. Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or entitlement not exercised within one year of approval shall expire and become void. A permit shall not be deemed exercised until the permittee has obtained a building permit and performed substantial construction, commenced construction, or has commenced the permitted use on the subject property in compliance with the conditions of approval provided, however, that if a permittee has taken all actions necessary to obtain a building permit and such a permit has not issued solely due to the requirements of Sections 17.18.020(E), 17.18.025 (E) or Section 17.18.050(B) of this title, then the expiry of the permit shall be tolled from the date the permittee takes the last action on necessary to obtain a building permit to the date that a permit issues.

    B. Extensions of Time. Upon request by the applicant, the director may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the department at least ten (10) days before the expiration of the permit, together with the filing fee required by the city fee resolution. The director shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the director may renew the permit for an additional one year from the date of the decision.

    C. Hearing on Expiration. At the request of the applicant, the director may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.78.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-267, § 6, 2-10-2010)