§ 36-309. Lapse of conditional use permit by nonuser; extension of time.

(a)

If no use allowed by the conditional use permit has begun within two years from the granting of the conditional use permit, the conditional use permit shall become null and void unless a petition for extension of time has been granted.

(b)

A petition for extension shall be in writing and filed with the clerk within two years from the granting of the conditional use permit. The petition for extension shall state facts showing a good faith attempt to use the conditional use permit and shall state the additional time requested to begin the use. 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 the conditional use permit for up to one year upon finding that:

(1)

A good faith attempt to use the conditional use permit has been made;

(2)

There is a reasonable expectation that the conditional use permit will be used during the extension; and

(3)

The facts which were the basis for the findings under which the original conditional use permit was granted have not materially changed.

No more than one extension shall be granted.

(c)

For purposes of this section, a use shall be deemed begun when all work described in the original application, or information provided, has been completed and has received final city approvals and the use is operating for the purposes described in the original application.

(Code 1970; Code 1992, § 850.04(5)I)