§ 18.124.080. Automatic expiration of use permits.  


Latest version.
  • A.

    Subject to Sections 18.124.090 and 18.124.091 of this chapter, unless one or more of the following conditions occur, a use permit shall, without further action by any county officer or body, expire and become void two years after the date the approving officer or body orders the use permit issued or, if an appeal is taken to the board of supervisors, two years after the date the decision of the board on appeal becomes final; provided, however, that if a shorter or longer time period is included in the conditions of approval of the use permit, that time period shall control (for purposes of this chapter this date shall hereafter be referred to as the "use permit expiration date"):

    1.

    Substantial evidence exists that the use permit has been used. Substantial evidence of use may be demonstrated by any of the following:

    a.

    Securing a building permit, wastewater or sewage disposal permit, or other construction permit for the project and having commenced construction pursuant to such permit prior to the use permit expiration date; provided, however, that if the total development envisioned by the use permit requires the construction of one or more foundations or the construction of a wastewater or sewage disposal system, bridge, cave or similar improvement, the holder of the use permit shall be deemed to have commenced construction only by having constructed, pursuant to a lawful permit, the entire foundation for one of those improvements, or having constructed the wastewater or sewage disposal system, prior to the use permit expiration date.

    b.

    In the case of projects requiring regional, state or federal approvals subsequent to the issuance of the use permit before construction may commence, by a showing that sufficient funds have been expended (or liabilities incurred) in the process of securing those approvals in an amount that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, or similar improvement required by the use permit.

    c.

    By showing that, subsequent to the issuance of the use permit and prior to the use permit expiration date, sufficient funds have been expended (or liabilities incurred) in preparing the site for construction that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, cave or similar improvement required by the use permit.

    For purposes of this subsection, grading or expenses directly related to grading activities shall not be considered as evidence that the use permit has been used, the commencement of construction or the preparation of a site for construction.

    d.

    In cases where a building permit, wastewater or sewage permit, or any other construction permit other than a grading permit is not required, the permit is used by actually commencing the activity authorized by the use permit, after compliance with all use permit conditions, prior to the use permit expiration date.

    2.

    The commission grants an extension of time consistent with the requirements of subsection (A) of Section 18.124.130.

    3.

    The director grants an extension of time consistent with the requirements of subsection (C) of Section 18.124.130.

    4.

    An extension of time was granted by the director through the very minor modification process pursuant to subsection (C) of Section 18.124.130 between April 1, 2009 and December 1, 2011.

    B.

    If a use permit is granted in which some of the development activities permitted require the issuance of a building permit, wastewater or sewage permit, or other construction permit other than a grading permit, and some require only administrative approval, the portions of the use permit requiring the issuance of a building permit, wastewater or sewage permit, or other construction permit shall not be deemed to have been used, and are subject to the automatic expiration provisions of this section, unless compliance with subsection (A)(1)(d) of this section has occurred prior to the expiration date.

    (Ord. 1268 § 13, 2005: Ord. 1233 § 12, 2004: Ord. 1206 § 34, 2002: Ord. 992 § 1, 1991; Ord. 945 § 5, 1990; Ord. 916 § 6, 1989: Ord. 882 § 2, 1988: Ord. 826 § 3, 1986: Ord. 531 § 6, 1977: Ord. 511 § 1 (part), 1976: prior code § 12806)

(Ord. No. 1370, § 48, 3-20-2012)