4.3.H Expiration and Extension of Time

Termination of approval of a conditional use for failure to commence development or an extension of the time for performance of a conditional use is governed as follows:

4.3.H.1 Expiration   

a.  For new construction, the conditional use approval will expire within three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a conditional use if a building permit has not been issued and substantial construction has not been commenced, and no request for an extension of time is pending.

b.  For conditional uses approved for existing structures or for a parcel of land where no structure is planned, if the use has not been established within a period of three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a conditional use, then the conditional use will expire.

4.3.H.2 Extension of Time   

a.  Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a conditional use approval for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. A request made after the original period of validity but within one (1) year of the original period of validity must be considered by the City Planning Commission. An extension for a period in excess of one (1) year may be granted only by the City Council in accordance with Paragraph b below.

b.  The holder of a conditional use may petition the City Council for a longer extension of time. A request for extension shall be made in writing within the original period of validity. The City Council shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council shall render its decision whether to terminate or extend the approval, taking into account hardship to the applicant or property owner, changes in surrounding circumstances that have occurred since the original approval, and the likelihood that substantial construction will occur during any period of extension. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22