Extensions

Extension requests are heard by the City Council. You will need to complete an Extension Request Application and submit it to building@gardencityidaho.org noting the application file number and also provide cause for the extension. We suggest that your request addresses the required findings of extensions. 

**A request for an extension is no guarantee that the extension will be granted. 

Approvals Processed Under GCC Title 8 Extension Fee: $212.00

Once the fee is paid, we will schedule you for a City Council hearing.
The City Council meets the 2^nd and 4^th Mondays of the month at 6:00 pm.  

***Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned if no inspection has been requested for a period of one hundred eighty (180) days after the work is commenced.  

 

EXTENSION ON BUILDING PERMITS

 

GCC 7-1-6 PERMIT TIME LIMITATION AND EXPIRATION:

 

A. Applications for which no permit is issued within one hundred eighty (180) days following the date of receipt of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed. The administrator of building safety services may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days on written request by the applicant and good cause shall be demonstrated. The administrator of building safety services is authorized to grant up to two (2) extensions; provided, that the application conforms to current code. Subsequent requests shall be considered by the city council.

 

B. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned if no inspection has been requested for a period of one hundred eighty (180) days after the work is commenced. The administrator of building safety services is authorized to grant up to two (2) extensions of time, providing there have not been code changes that affect the application. Subsequent requests shall be considered by the city council. The extension request shall be in writing and good cause shall be demonstrated. 

 

 

 

PERMITS AND APPROVALS PROCESSED UNDER GCC TITLE 8

 

GCC 8-5B-6 Term of [Subdivision] Permits

 

A. Failure To Submit Final Subdivision: Approval of a preliminary subdivision and combined preliminary and final subdivision shall become null and void if a final subdivision has not been signed by the city clerk and engineer within two (2) years of the approval of the preliminary subdivision, unless otherwise granted in the initial decision document; or two (2) years of the combined preliminary and final subdivision unless an extension or phasing plan is approved by city council.

 

GCC 8-6A-8 Expiration of Approvals

1. Unless otherwise specified by this code, all application approvals shall expire two (2) years from the date of approval.   Notwithstanding the foregoing, application approval expirations are subject to the following exceptions:

2. All application approvals for conditional use permits expire one (1) year from date of approval;

3. All application approvals for properties where the subject property is not compliant, and has not been actively pursuing compliance, with all city, state, and federal codes and laws since the date of application expire one (1) year from date of approval and will not, under any circumstances, be entitled to an extension under 8-6A-8C;

4. By condition of approval or development agreement, an alternate time period for completion of the application has been specified; or

5. An extension has been granted pursuant to section 8-6A-8C.

B. The occurrence of any of the following events will cause an application approval to be secured and no further extension is necessary.

1. A certificate of compliance or certificate of occupancy has been issued for the entire application; or

2. For subdivision applications, the final plat of a subdivision approval is recorded with Ada County; or otherwise defined by section 8-5B-6 of this title.

C.  A request for an extension is no guarantee that the extension will be granted. One (1) extension not  exceeding one (1) year, may be granted, provided:

1. Good cause for the request is demonstrated by the applicant in their request. Good cause includes, development constructions being delayed by force majeure, development constructions being delayed by wrongful conduct of others, or other such circumstances of similar specificity; and

2. The subject property is compliant and has been compliant, or actively pursuing compliance, with all city, state, and federal codes and laws since the date of application; and

3. The extension request is submitted to the development services department in writing prior to the application’s expiration date.

D.  Extension requests will be determined by the City Council in all instances except for conditional use permit extension requests. Extension requests for conditional use permits are administrative pursuant to Idaho Code section 67-6529F(4) and the planning official shall make the determination.

 
**A request for an extension is no guarantee that the extension will be granted.