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(1) Unless otherwise specified in the action granting a conditional use permit, a permit which has not been utilized within twelve (12) months from the effective date thereof shall expire and shall become null and void unless such time period is extended pursuant to the terms of this Section.

(a) Once any portion of the conditional use permit is utilized, the other portions and conditions related thereto become immediately operative and shall be strictly complied with.

(b) Utilization shall be construed to mean pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted.

(2) Subject to the criteria in Subsection (3) below, the twelve (12) month time period within which a conditional use permit must be utilized may be extended for six (6) months by the Development Services Director or the Director’s designee; or for twelve (12) months by the Planning Commission.

(a) In no case shall a conditional use permit be extended for more than twelve (12) months from the original expiration date. A conditional use permit shall expire and shall become null and void if utilization has not occurred within twenty four (24) months from the original effective date of the permit.

(b) An application for an extension of time shall be submitted prior to the original twelve (12) month expiration date.

(3) In order to approve an extension of time, the approving authority shall find, based on substantial evidence placed in the record, that:

(a) Substantial progress is being made toward obtaining site plan approval or a building permit, as the case may be;

(b) The conditional use permit has not been utilized due to reasons beyond the control of the applicant;

(c) Conditions originally approved with the conditional use permit are still viable based on currently applicable requirements of the Provo City Code; and

(d) No ordinance changes have occurred or are being considered that may affect the activity or project authorized by the permit.

(Ren 1986-10, Am 2000-40, Am 2000-44, Am 2020-57)