§ 175-165. Duration of variances.

   A.   Any variance granted under this chapter by the Planning Board or Zoning Board of Adjustment if not commenced shall be automatically null and void upon the expiration of the time period set forth hereunder, unless the Board granting such variance specifically restricts or allows a length of time varying from that mandated by this section, by expressly stating same in the resolution thereof.

   B.   When a variance is granted by the Zoning Board of Adjustment pursuant to § 175-28C and D and such application is not in conjunction with a subdivision, site plan or conditional use approval in accordance with § 175-28B, then the successful applicant must, within one year from the date of such favorable determination, commence development as approved. If the successful applicant has not commenced development within the above-mentioned year, said variance is automatically null and void unless said applicant shall receive from the Zoning Board of Adjustment a renewal not to exceed one year of the determination. If at the end of the extension an applicant has not commenced development, that variance is automatically null and void and may not be further renewed.

   C.   When a variance is granted by the Zoning Board of Adjustment in conjunction with subdivision, site plan or conditional use approval pursuant to § 175-28B, or when the Planning Board grants a variance in conjunction with subdivision, site plan or conditional use approval pursuant to § 175-19G(1)(a), then the duration of any variance so granted shall be the time period, including any period of extension or suspension set forth in §§ 175-81 through 175-85 for the protection of subdivision and site plan approval, and in § 175-59 for conditional use approval. If the successful applicant does not commence development within the time limits set forth for the protection of such approvals, then any variance so granted in conjunction therewith shall be automatically null and void unless said applicant shall receive from the Board reviewing the application a renewal not to exceed one year of the determination. If at the end of the extension the applicant has not commenced development, the variance is automatically null and void and may not be further renewed.