(A) The grantee of a Variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the Variance 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 Variance 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 Variance was approved; or
(3) In the event no building permit or certificate of occupancy is required, the site for which the Variance was approved is occupied in accordance with the Variance; or
(4) Prior to the date on which the Variance will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below.
(B) A Variance subject to lapse may be renewed for a single one-year period, pursuant to the provisions of Chapter 16.222 (Minor Modifications) of this Title 16,and provided that the application for renewal is filed with the Planning Department prior to the expiration date. Additional renewals shall require a public hearing before the Planning Commission.
(C) The Planning Commission may approve or deny an application for renewal of a Variance. 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 Variance and surrounding properties.
(Ord. 1104, passed 7-19-04)