COM 1077.000 2018-2020 - Laserfiche WebLink

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BB. An initial time extension of time for the performance of conditions within this ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original request for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year.) 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. The applicant is proposing to retain the prospects of having an initial administrative time extension. Because of the need to secure agency approvals on matters such as archaeology, FEMA drainage map changes, infrastructure improvements from the County and State, a process that the applicant has no control over, the ability to secure an administrative time extension would provide lenders with greater land use entitlement assurances. Proposed Language An initial time extension of time for the performance of conditions within this amended ordinance may be granted by the Director.... CC. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation." No such action has been initiated, and it is the applicant's hope that with this time extension request, there, is no need for such action to be initiated by the Director. 19