§ 22.64.120. Lapse of Land Use Permit.

In the event that any of the circumstances listed in this Section occur, a land use permit shall be deemed to have lapsed. No use of land or structure, the land use permit for which has lapsed in compliance with this Section, shall be reactivated, re-established, or used unless a new land use permit is first obtained.

A.

Completed projects. When a project has been completed or an authorized use not involving construction has been established (Section 22.64.090), the land use permit that authorized the project shall remain valid and in force, including any conditions of approval adopted in connection therewith, unless:

1.

An approved use or structure authorized through Zoning Clearance approval is removed from the site, and the site remains vacant for a period exceeding 12 consecutive months, in which case the Zoning Clearance approval shall lapse; or

2.

The circumstance described in Subsection C. occurs, in which case Minor Use Permit or Conditional Use Permit approval shall lapse; or

3.

A use or structure authorized through Site Plan Review, Minor Use Permit or Conditional Use Permit approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months; or

4.

The land use permit is revoked in compliance with Section 22.74.160 ( Permit Revocation).

B.

Partially completed projects. When an approved multiple building project has been partially completed (Section 22.64.100), its land use permit shall remain valid unless work ceases for a period greater than 12 months, and no schedule for phased construction was authorized by the land use permit.

C.

Conditions declared void. If a judgement of a court of competent jurisdiction declares one or more of the conditions of an approved Minor Use Permit or Conditional Use Permit to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more conditions, the Minor Use Permit or Conditional Use Permit shall cease to be valid.

D.

Changes in ordinance provisions. If an amendment to the Land Use Element or this Title is adopted such that the approved use is no longer allowable on its site, the land use permit shall lapse unless substantial site work has been completed (Section 22.64.090) before the effective date of the amendment. The effect of an amendment on a completed project is determined by Section 22.72.050 (Nonconforming Uses of Land).

[Amended 1992, Ord. 2553] [22.02.052]