§ 16.70.010.9. Extensions and duration of approvals under these Land Development Regulations.

A.

Duration of approvals.

1.

Any application approved pursuant to this code on or after September 10, 2007, shall remain valid for three years from the date of approval except:

a.

Approvals for property within an activity center which are greater than 60 dwelling units or 250,000 square feet shall remain valid for five years;

b.

Approved certificates of appropriateness shall remain valid for 18 months from the date of approval. The CPPC may establish a longer date at the time of approval and only the CPPC may grant extensions;

c.

Development permits subject to the building, fire, and engineering codes; and

d.

Approvals of applications for which a specific expiration date is established by the approval.

2.

Applicants may request up to two two-year extensions from the POD. The application shall be revised to comply with any code amendments that were adopted after the original approval, unless a variance is granted.

3.

After the original approval and any approved extension have expired without substantial construction commencing, the approval shall be void, and a new application shall be required.

4.

Phased projects, including rehabilitation of an existing building, shall be approved in such a manner that each phase can reasonably be started within two years from the date the certificate of occupancy is issued for the previous phase, unless a shorter compliance period is required by the POD or commission.

5.

Approved applications for which substantial construction has commenced shall remain valid subject to compliance with all development permits.

6.

School concurrency certificates are valid for two years. Any approved application that is required to obtain a school concurrency certificate shall expire when the school concurrency certificate expires unless a new school concurrency certificate is obtained.

7.

New applications for sites with a previously approved application which are submitted in advance of the expiration date of the approval or extension shall have maintained non-interrupted approval for vesting purposes for any other ordinance or code of the City or for any other government approval provided that the new application is approved by the appropriate City body within 120 days after the expiration date of the original approval or extension.

B.

Extension. Requests for extension of an approval shall be in writing and received by the POD prior to the expiration date of the approval or previously approved extension. A failure to request an extension prior to the expiration of the approval or a previously approved extension or failure to meet all conditions of an approval of an extension shall invalidate the original application approval. Requests for extensions shall address the following matters and may be denied if impacts cannot be adequately mitigated:

1.

The extent of actions taken by the applicant to implement the approved development plan including real estate transactions, preparation of construction plans, site preparation and pre-construction sales.

2.

The effect of unforeseen circumstances such as changes in economic conditions cost of materials, and site specific conditions on the approval.

3.

The length of additional time estimated by the applicant to be needed to implement the approved development plan.

4.

Changes in the Code that would apply to the property.

5.

Changes or new construction on property in the vicinity of the applicant's property which may increase impacts to other properties.

6.

Other facts considered relevant to consideration of an extension.

(Code 1992, § 16.70.010.9; Ord. No. 893-G, § 16, 9-4-2008; Ord. No. 100-H, § 2, 12-19-2013)