§ 36-132. Lapse of approved site plan by nonuser; extension of time.

(a)

If a building permit has not been obtained, and if erection or alteration of a building, as described in the application for site plan, has not begun within two years after site plan approval, the approval shall be null and void unless a petition for extension of time in which to commence the proposed work or improvements has been granted.

(b)

A petition for extension shall be made in writing and filed with the city clerk within such two-year period. The petition shall state reasons showing why a building permit has not been obtained, or why erection or alterations have not commenced, and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the council for hearing and decision in the same manner as then required for an original application. The council may grant an extension of up to one year upon finding that:

(1)

There is a reasonable expectation that the proposed work or improvement will commence during the extension; and

(2)

The facts which were the basis for approving the final development plan have not materially changed.

No more than one extension shall be granted.

(Code 1970; Code 1992, § 850.04(3)K)