(A) The grantee of a Conditional Use Permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:
(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved; or
(2) In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved; or
(3) In the event no building permit or certificate of occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose; or
(4) Prior to the date on which the Conditional Use Permit will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below.
(B) A Conditional Use Permit subject to lapse may be renewed for a single one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date, pursuant to the provisions of Chapter 16.222 (Minor Modifications) of this Title 16. Additional renewals shall require a public hearing before the Planning Commission.
(C) The Planning Commission may grant or deny an application for renewal of a Conditional Use Permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Conditional Use Permit and surrounding properties.
(D) If any Conditional Use Permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void.
(Ord. 1104, passed 7-19-04)