A.

Expiration. A site plan approval shall become automatically null and void, unless extended as provided for in subsection B of this section, if either of the following occurs:

1.

If within the time specified in the conditions of approval, or if no time is specified, within two years from the Commission's decision, grading or construction has not yet commenced, or if commenced, such work has been suspended or abandoned at any time after commencement for a period of one hundred eighty or more days; or

2.

If circumstances arise which terminate the permit pursuant to any termination provision included as a condition of the permit.

B.

Extension.

1.

The Commission, or Council on appeal, may extend the date of expiration of an approval. In order for an extension to be considered, the property owner shall be required to file an application on or before the date of expiration of the approval. No public hearing to consider the extension shall be required, unless otherwise required by subsection (B)(3) of this section.

2.

The Commission or Council may extend the expiration if findings can be made that the expiration would constitute an undue hardship upon the property owner and that the continuation of the approval would not be materially detrimental to the health, safety and general welfare of the public.

3.

Extension may be granted for a period of not more than two years. If within the two year time extension beyond the original project approval the project has not commenced, a new application shall be submitted and approval of the project may only be granted or denied in the same manner and based upon the same criteria as required for approval of the original project.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).