§ 30-42. Lapse of variance by nonuser

(a) Whenever within one year after the granting in whole or in part of a petition for a variance, and the owner or occupant shall not have substantially completed the erection or alteration of a building or structure as described in such petition, or does not have a void building permit, then the variance shall become null and void unless a petition for extension of time in which to complete the proposed construction or alterations has been granted as provided in this section.

(b) Such petition to extend time shall be in writing and filed with the city more than 20 days before the expiration of one year from the date the variance was approved, shall state facts showing a good faith attempt to use the variance, and shall state the additional time requested to complete the construction or alteration. Such petition shall be presented to the zoning board of appeals for hearing and decision in the same manner as the original request for variance.

(c) In determining under this subsection whether the petitioner has made a good faith attempt to use the variance, the board and council may consider such factors as the design, size, expense and type of the proposed construction or alteration.

(d) It shall be within the power of the council, at the time of granting the original request for a variance, to grant also a two-year period for the substantial construction of the building or structure utilizing the same, but such two-year period may not thereafter be extended.

(Code 1975, § 480:06)