§ 36-103. Lapse of variance by nonuser; extension of time.

(a)

If, within one year after the date of the meeting of the board of appeals and adjustments, or the council on appeal, at which the variance was granted, the owner or occupant of the affected land shall not have obtained a building permit, if one is required, and commenced the work or improvement described in such petition, the variance shall become null and void unless a petition for extension of time in which to commence the proposed work or improvement has been granted.

(b)

A petition for extension shall be in writing and filed with the clerk within such one year period. The petition for extension shall state facts showing a good faith attempt to use the variance and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the board for hearing, findings and decision in the same manner as then required by this chapter for an original petition for variance. The board may grant an extension of the variance for up to one year upon finding that a good faith attempt to use the variance has been made, that there is a reasonable expectation that the variance will be used during the extension, that speculation will thereby not be fostered and that the facts and circumstances under which the original variance was granted are not materially changed.

(Code 1970; Code 1992, § 850.04(2)K)