(A) General.
(1) An applicant may request an extension of a permit/approval set to expire under § 155.420.090 (Permit/Approval Expiration) in accordance with this division.
(2) An applicant may request two types of extensions:
(a) A one-year extension approved by the Director; and/or
(b) A two-year extension approved by the original review authority.
(B) All extension requests. All extension requests must comply with the following:
(1) The applicant must submit to the Department a written extension request no later than ten days before the permit/approval expiration date. The request must be accompanied by all fees, information, and materials required by the Department.
(2) Filing a written extension request suspends the expiration until the review authority acts on the request. Building, grading, or other construction-related permits associated with the permit/approval may not be issued during the suspension period.
(3) The review authority may extend the permit/approval if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit/approval in a timely manner.
(4) The burden of proof is on the applicant to demonstrate that the permit/approval should be extended.
(5) If the Director is the review authority for the extension request, the Director may choose to refer the request to the Planning Commission for review and final decision.
(C) One-year extension.
(1) The Director may approve a one-year extension to a permit/approval in accordance with division (B) above (All Extension Requests).
(2) A noticed public hearing is not required.
(D) Two-year extensions.
(1) The review authority that originally approved the permit/approval may approve a two-year extension to the permit/approval in accordance with division (B) above (All Extension Requests).
(2) The same public notice and hearing requirement that applied to the original permit/approval also applies to the two-year extension request.
(3) The two-year extension may be in addition to a one-year extension previously approved by the Director, for a total extension of three years.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)