§ 23.02.052. 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 pursuant to 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 23.02.044), 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 Plot Plan approval is removed from the site, and the site remains vacant for a period exceeding 12 consecutive months, in which case the Plot Plan approval shall lapse; or

(2)

The circumstance described in subsection 23.02.052c occurs, in which case Minor Use Permit or Development Plan approval shall lapse; or

(3)

A use or structure authorized through Site Plan, Minor Use Permit or Development Plan 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 accordance with Section 23.10.160 (Permit Revocation).

b.

Partially completed projects: When an approved multiple structure project has been partially completed (Section 23.02.046), 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. In the event that a judgment of a court of competent jurisdiction declares one or more of the conditions of a Minor Use Permit or Development Plan approval to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more of such conditions, the Minor Use Permit or Development Plan shall cease to be valid.

d.

Changes in ordinance provisions. In the event that an amendment to the Land Use Element or this title is adopted such that the approved use is no longer allowable on the subject site, the land use permit shall lapse unless substantial site work has been completed (Section 23.02.042) before the effective date of such amendment. The effect of such an amendment on a completed project is determined by Section 23.09.026 (Nonconforming Uses of Land).

[Amended 1992, Ord. 2570; 1995, Ord. 2715]