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A. An application for variance approved by the Planning Commission shall become effective and a building permit shall be issued only after the expiration of the appeal time provided for in this title.

B. A variance approval will become null and void if unused within two (2) years from the effective date of the Planning Commission’s action, or final discretionary approval, or an alternative period specified by the approving body at the time of final discretionary approval. Such nonuse shall include, but not be limited to, failure to do one of the following:

1. Secure a building permit and commence construction, where the variance was required to build a new structure or alter an existing structure; or

2. Receive a license or permit to operate from the City, which license or permit would not have been approved without the variance; or

3. Record a subdivision map or parcel map, which map would not have been approved by the City without the variance.

C. The applicant may apply to the Community Development Director for a one-year extension of time to implement a variance prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension of time shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount sufficient to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(81), 2007; Ord. 639 § 1, 1981; Ord. 543 § 5, 1976; Ord. 295 § 215(A), 1962)