Code Section: 303 (d)

Subject: Abandonment of conditional use

Effective Date: 4/83

Interpretation:

   This Subsection states that, unless a time is specified as a condition, any exercise of a conditional use authorization must commence within a reasonable time. Three years was chosen as a reasonable time in the absence of a time specified because this reflected the abandonment period for nonconforming uses under Section 183. However, a building permit for a conditionally permitted use may be approved without another conditional use authorization to replace the same category of use, even though the former use has been gone for more than three years where the applicant has tried diligently to get proper permits to continue the use within the three-year period and was unable to do so due to unusual circumstances. A decision about what constitutes a reasonable time could be appealed to the Board of Appeals on a case-by-case basis.