Expiration of variances and special use permits.

§ 255-480. Expiration of variances and special use permits.

• A. Any variance or special use permit shall expire one (1) year from the date recorded in the Town Clerk's Office unless the applicant exercises the permission granted or receives a building permit, begins construction and diligently performs construction of the project until it is completed. Construction shall be substantially completed within two (2) years from the date of approval. The Board may, upon written request for cause shown, renew the variance or special use permit for a second, one-year period. The request for an extension need not be advertised.

• B. Should the applicant fail to begin construction following the issuance of a building permit, or obtain a certificate of occupancy within the second, one-year period, the Board may upon written request prior to the expiration of the second, one-year period, renew the variance or special use permit for a third, one-year period provided the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject variance or special use permit since the date of the filing of the resolution. Notice shall be given in accordance with Code § 255-440 and a hearing shall be held on the request.

• C. The expiration periods of an approval of a variance or special use permit granted under this section under unified development review shall be the same as those set forth in the Rhode Island General Laws for the underlying type of project under review.

• D. The above one-year periods shall be stayed as of the date any court action is commenced to overturn the approval and for the duration of the pendency of any such action.