4.1.1315 Initiation of Use.
A. For the purposes of this chapter, development undertaken under a development approval described in BDC 4.1.1310, Expiration of Approval, has been “initiated” if it is determined that:
1. The proposed use has lawfully occurred;
2. Substantial construction toward completion of the development approval has taken place; or
3. Where construction is not required by the approval, the conditions of a permit or approval have been substantially exercised and any failure to fully comply with the conditions is not the fault of the applicant.
B. For the purposes of this section, substantial construction has occurred when the holder of an approval has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward the completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development.
C. Initiation of use shall not be granted in lieu of a phased approval.
D. A determination of whether a land use has been initiated shall be processed as a declaratory ruling. [Ord. NS-2122, 2009; Ord. NS-2016, 2006]