4.6.G Expiration of Approvals and Extension of Time

Termination of approval of a variance for failure to obtain final approval, a building permit or to commence the use, or an extension of the time is governed as follows: 

Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22; Ordinance No. 30567 MCS, March 20, 2026, Zoning Docket 049-25

4.6.G.1 Expiration   

a. The Board of Zoning Adjustments’ approval of a variance is valid for one (1) year from the resolution "Filed" date. If the Executive Director of the City Planning Commission, or their designee, has not signed the development plan indicating final approval, or has not authorized an extension of time submitted by such date by the holder of the variance , in accordance with Article 4, Section 4.6.G.2, the variance approval will expire.

b. A variance expires if a building permit is not obtained and substantial construction started, or the use is commenced within two (2) years of the final approval of the Executive Director of the City Planning Commission, or their designee, unless an extension of time at the holder of the variance ’s request, submitted by such date, is authorized in accordance with Article 4, Section 4.6.G.2.b.

Adopted by Ordinance No. 30567 MCS, March 20, 2026, Zoning Docket 049-25

4.6.G.2 Extension of Time   

a. Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a variance in accordance with the provisions of this section upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. An extension for a period in excess of either of the below may be granted only by the Board of Zoning Adjustments in accordance with Paragraph b below. i. One (1) year from the Board of Zoning Adjustments' approval as indicated by the resolution "Filed" date; or ii. Two (2) years from the final approval of the Executive Director of the City Planning Commission, or their designee.

b. The holder of a variance may petition the Board of Zoning Adjustments for a longer extension of time not to exceed two (2) additional years from the date of the final approval of the Executive Director of the City Planning Commission, or their designee. A request for extension shall be made in writing within the period of validity. The Board shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Article 3, 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 Board of Zoning Adjustments. Following the public hearing, the Board shall render its decision whether to grant an extension of such period with good cause shown, subject to verification that the approval standards of Paragraph F above are still met.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25