§ 24-247. Time limits and extensions.

A.

Expiration of Permit. A permit or approval not exercised within two (2) years after the date of approval shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time). A permit or approval shall also expire and become void if the permitted use is abandoned for one (1) year. The Zoning Administrator shall issue a letter prior to this determination. For Conditional Use Permits associated with a mining permit the expiration shall be in accordance with Chapter 13, Article II, Surface Mining and Reclamation.

B.

Exercised Defined. A permit or approval shall be considered exercised when:

1.

A building permit is issued and construction has commenced;

2.

A certificate of occupancy is issued; or

3.

The permittee notifies the County in writing when the use is established.

C.

Extension of Time. The Zoning Administrator may approve an extension to a permit or approval in the following manner:

1.

The applicant shall submit to the Department of Development Services a written request for an extension of time no later than ten (10) days before the expiration of the permit or approval.

2.

The Zoning Administrator may extend the permit or approval for an additional one (1) year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.

3.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

4.

The Zoning Administrator may choose to refer any extension of time requests to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)