23.404.060 Post-Decision Provisions.
A. Effective Dates.
1. Council Decisions.
(a) A City Council decision on a Zoning Ordinance Amendment and other legislative matters is final and becomes effective 30 days after the decision is made.
(b) A City Council decision on permits, appeals, and other non-legislative matters is final and effective on the date the decision is made.
2. Other Decisions. The following applies to decisions of the Zoning Officer, Design Review Committee, and ZAB.
(a) A non-appealable decision is final and effective on the date the decision is made.
(b) An appealable decision is final and effective upon the completion of the appeal period for the decision if the decision is not appealed or certified by the City Council as provided in Chapter 23.410 (Appeals and Certifications).
B. Effect of Approval.
1. Approval Limited to Proposed Project. An approval authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.
2. Replacement of Existing Uses. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.
3. Periodic Review and Reporting.
(a) The City may require periodic review of an approved project to verify compliance with permit requirements and conditions of approval.
(b) The permit holder or property owner is responsible for complying with any periodic reporting, monitoring, or assessments requirement.
4. Conformance to Approved Plans.
(a) Compliance. All work performed under an approved permit shall be in compliance with the approved plans and any conditions of approval.
(b) Changes. Changes to an approved project shall be submitted and processed in compliance with Section 23.404.070 (Permit Modifications).
C. Time Limits. This subsection applies to approved permits that have not been exercised.
1. Exercised Defined.
(a) A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.
(b) A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.
2. Expiration of Permit.
(a) The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except as provided in Paragraph (b) below.
(b) A permit authorizing construction may not be declared lapsed if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction.
(c) The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant.
(d) A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certifications).
3. Effect of Lapsed Permit. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.
D. Permits Remain Effective for Vacant Property. Once a permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit. (Ord. 7787-NS § 2 (Exh. A), 2021)