Requests for a time extension for a permit or approval shall be filed and processed in the following manner:
A. Before Expiration. The applicant’s written request for an extension of time shall be on file with the Department at least 30 days before expiration of the permit or approval, together with the filing fee required by the Planning Fee Schedule.
B. Public Hearing Not Required.
1. A public hearing shall not be required for the applicable review authority’s decision on an extension of time.
2. However, the applicable review authority may conduct a public hearing in compliance with Chapter 10.116 (Public Notices and Hearings) if deemed appropriate by the review authority.
C. Stay of Expiration.
1. The filing of a written extension request shall stay the actual expiration of the permit or approval until the extension request has been acted upon by the Director, Commission, and/or Council, as applicable.
2. Building or Grading Permits shall not be issued in compliance with the permit or approval during the period of the suspension.
D. Director’s Action on Extension.
1. Upon good cause shown, an extension may be approved, approved with modifications, or denied by the Director, subject to the findings identified in Subsection F. (Required findings), below.
2. The Director’s decision may be appealed to the Commission, in compliance with Chapter 10.114 (Appeals).
3. The permit or approval may be extended for additional 180-day periods, up to a maximum of 12-months beyond the expiration date of the original approval, unless otherwise allowed by State law.
E. Commission’s and Council’s Actions on Extension.
1. Upon good cause shown, an extension may be approved, approved with modifications, or denied by recommendation of the Commission and action of the Council, subject to the findings identified in Subsection F. (Required findings), below.
2. The permit or approval may be extended for one additional 12-month period unless otherwise allowed by State law for an aggregate total of 24 months (e.g., 12 months by the Director and an additional 12 months by the Council) from the original date of approval.
F. Required Findings. An extension of the permit or approval may be granted only if the applicable review authority first makes all of the following findings:
1. There have been no changes in circumstances or law that would preclude the review authority from making the findings upon which the original approval was based; and
2. Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant. (Ord. 935 § 3 (part), 2015)