4.1.1310 Expiration of Approval.
A. Scope.
1. Except as otherwise provided herein, this section must apply to and describe the duration of all development approvals provided for under this code.
2. This section does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses and lot of record determinations that involve a determination of the legal status of a property, rather than whether a particular application for a specific land use meets the applicable standards of the code. Such determinations are final unless appealed and are not subject to any time limits;
b. Temporary use permits of all kinds, which are governed by applicable ordinance provisions specifying the duration of such permits;
c. Quasi-judicial and legislative plan and map amendments;
d. Master plans approved after April 14, 2017, which are governed by BDC Chapter 4.5, Master Plans; or
e. Annexations.
B. Duration of Approvals.
1. Except as otherwise provided under this code, a development approval is void two years after the date the decision becomes final if the use approved in the permit is not initiated within that time period.
2. Except as otherwise provided in this code, approval of tentative land division plats shall be void after two years from the date of preliminary approval, unless the final plat has been recorded with Deschutes County. A one-year extension may be approved by the Community and Economic Development Director if the applicant can demonstrate sufficient progress to reasonably assure the plat will be recorded at the end of the third year, and if:
a. An applicant makes a written request for an extension of the development approval period; and
b. The request is submitted to the City prior to the expiration of the approval period.
3. In the case of a development approval authorized under applicable approval criteria to be completed in phases, each phase must be consistent with the time specified in the approval. In no case shall the total time period for all phases be greater than five years.
C. Extensions.
1. The Community and Economic Development Director may grant one extension of up to one year for a development approval that contained a one-year initial duration of approval, if:
a. An applicant makes a written request for an extension of the development approval period; and
b. The request is submitted to the City prior to the expiration of the approval period.
2. The Community and Economic Development Director may grant one or more additional extensions if authorized by a City Council resolution which recognizes a City-wide need for an additional limited-duration extension, not to exceed two years. The additional extension may be granted if:
a. The applicant has exhausted all other extension opportunities;
b. The applicant makes a written request for an extension of the development approval period; and
c. The request is submitted to the City prior to the expiration of the approval period.
3. Approval of an extension granted under this section is an administrative decision, and is not a land use decision or a limited land use decision as described in ORS 197.015 or this code. An extension is not subject to appeal and shall be processed as a Type I application.
D. Effect of Appeals. The time period set forth in subsection (B) of this section shall be tolled upon filing of an appeal to LUBA, until all appeals are resolved. [Ord. NS-2445, 2022; Ord. NS-2434, 2022; Ord. NS-2302, 2018; Ord. NS-2289, 2017; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2114, 2009; Ord. NS-2016, 2006]