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MapLink™ | Procedures & Requirements | Variances - Duration

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Variances - Duration
A. Validity and expiration. After a variance has been granted, the same shall expire and become null and void and of no effect one year after it is granted, unless, within such year:
(1) A principal use allowed per such variance actually, materially and legally commences, or,

(2) A certificate of occupancy/compliance relating to a principal building, structure or use authorized pursuant to such variance (i.e., not an accessory building/structure/use, unless only an accessory building/structure/use is authorized via the variance) is duly issued, or

(3) A building permit required for a principal building or structure authorized pursuant to such variance (i.e., not for an accessory building/structure, unless only an accessory building/structure is authorized) is duly applied for, in which case the variance shall continue to be valid during the term of any active building permit for a principal building or structure authorized pursuant to such variance (should one be issued), and such variance permit shall expire and become null and void and of no effect at such time as there is no such currently active and valid building permit for a principal building or structure (e.g., all such building permits are expired, have been revoked, etc.), unless:
 
(a) Work authorized via any such building permit has been actually, materially and legally commenced, or,
(b) A certificate of occupancy relating to such valid building permit is duly issued, or
(c) A principal use (i.e., not an accessory use, unless only an accessory use was authorized via the variance) allowed per such variance actually and legally commences during the pendency of any such valid building permit.

(4) If other government permitting is required for construction (including, e.g., from the DOT, etc.) and a permit is duly issued by such other governmental agency and provided to the Town within such year, the variance shall be valid for six additional months beyond the original expiration date (18 total months), and shall thereafter expire and become null and void and of no effect, unless, within such 18 months a requirement as per Subsection A(1), (2), or (3) above is satisfied.

B. Extension. The Zoning Board of Appeals, for good cause shown, may grant a longer period of time for the commencement of use, issuance of a certificate of occupancy/compliance, issuance of a building permit, and/or commencement of construction, provided, however, said application for extension shall be made before expiration of time. Such extensions shall be issued for periods of up to six months each.

C. Cause for extension. In determining whether good cause exists for such extension, the Board shall consider, among other things, the nature and extent of the construction and complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity of labor or materials, war or acts of God.
Application Materials
document icon Area Variance Application