The provisions of division 16-54 provide requirements for the implementation or vesting of the permits required by this zoning ordinance, including time limits and procedures for granting extensions of time.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A site plan and architectural review approval, variance, conditional use permit, condominium use permit, accessory dwelling unit, junior accessory dwelling unit, or tidelands permit, shall become effective on the 11th day following the date of application approval by the review authority, provided that the appeal period has ended and no timely appeal has been filed in compliance with section 16-66 (appeals). For site plan and architectural review applications for minor alteration projects, the approval shall become effective on the sixth business day following the date of application approval by the director, provided that the appeal period has ended and no timely appeal has been filed in compliance with section 16-66 (appeals). A precise development plan approval shall become effective on the 31 ^st day following date of application approval by the town council.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 555 N.S., § 2(D), 2-18-2015; Ord. No. 568 N.S., § 2(E), 2-1-2017)

A zoning permit application deemed approved by operation of law pursuant to Government Code Section 65956 shall be subject to all applicable provisions of this zoning ordinance, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

After the denial of an application for, or the revocation of, a site plan and architectural review approval, variance, conditional use permit, condominium use permit, accessory dwelling unit, junior accessory dwelling unit, or tidelands permit, no application for the approval of the same or a substantially similar project on the same site shall be considered by the review authority within one year after the date of its action on the original application, unless it is established that there has been a substantial change in the circumstances under consideration in the original proceedings, or that the denial was made without prejudice.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 555 N.S., § 2(E), 2-18-2015; Ord. No. 568 N.S., § 2(F), 2-1-2017)

A permit applicant may be required by conditions of approval, or by action of the review authority, to provide adequate financial security, in a form acceptable to the director, to guarantee and/or monitor the faithful performance of and compliance with any/all conditions of approval imposed by the review authority on the permit.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Time limits. Unless a condition of approval or other provision of this zoning ordinance establishes a different time limit, any permit or approval not exercised within twelve months of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B., below, or by the period of time in which:

1.

An appeal to the review authority is pending; or

2.

Construction is restrained by the process of any court of competent jurisdiction.

B.

Extensions of time. Unless otherwise specified in this zoning ordinance, upon written request by the applicant, the review authority may grant no more than two separate extensions of up to one year per extension from the date of expiration of the original approval to the time for an approved zoning permit to be exercised.

1.

Filing and review of request.

a.

Time for filing. The applicant shall file a written request for an extension of time with the director before the expiration of the permit, together with the filing fee required by the town.

b.

Evidence to be provided. The director shall determine whether the applicant has made a good faith effort to exercise the permit or whether efforts to exercise the permit have been abandoned.

2.

Action on extension request. A permit may be extended as follows for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no substantial changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.

a.

Director's action. Upon good cause shown, the first extension may be approved, approved with modifications or denied by the director, whose decision may be appealed in compliance with division 16-66 (appeals).

b.

Review authority action. One subsequent extension may be approved, approved with modifications, or denied by the review authority, whose decision may be appealed in compliance with division 16-66 (appeals).

C.

Exception. Permit time limits and extensions in this section are not applicable to site plan and architectural review permits, which are governed by subsection 16-52.020.O.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

Development, construction or a new land use authorized through a zoning permit granted in compliance with this zoning ordinance shall be established only as approved by the review authority, and in substantial conformance with any conditions of approval, except where a change to the project is approved as follows:

A.

Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.

B.

Changes approved by director. The director may authorize one or more changes to an approved site plan, architecture, conditions of approval, or the nature of the approved land use where the director first determines the change is minor, and finds that each change:

1.

Is consistent with all applicable provisions of this zoning ordinance;

2.

Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the project approval;

4.

Does not result in a significant expansion of the use;

5.

Does not result in additional floor area or skylights; and

6.

Results in a revised project that is in substantial conformance with the form and intent of the original approval.

The director may choose to refer any requested change to the original review authority for review and final action.

C.

Appeal. The decision of the director to approve changes to an approved project may be appealed to the review authority that originally approved the project, pursuant to section 16-50.020.

D.

Changes approved by original review authority. A proposed change that does not comply with the criteria in subsection B. above, shall only be approved by the original review authority for the project through a new permit or formal amendment application processed in compliance with this zoning ordinance.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)