Sec. 26-236. - Failure to act on variance.

(a)

Variances approved in conjunction with cases which are dependent on the variance (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b)

A variance not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution granting the variance. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the variance, or to revoke the variance pursuant to the procedures set forth division 12 of this article.

(c)

Extension of time up to a maximum of two (2) additional years may be granted from the original date of expiration of the variance by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why such variance has not been utilized.

(d)

In the event the use for which the variance has been granted is discontinued for a period of six (6) consecutive months, the variance approval shall become null and void.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)