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Z ONING § 25-2-44 <br />government agencies shall not count towards the deadline established in the <br />ordinance. To justify this tolling, the applicant shall provide evidence of the <br />excluded time period to the planning department for its review and approval, which <br />shall consist of dates obtained from a government agency website, permitting <br />program, or office indicating when the required plans, reports, studies, or permit <br />applications were submitted, approved, denied, or returned by the government <br />agency. Any request for tolling shall be verified and approved in writing by the <br />director prior to the deadline established by the ordinance. The director shall notify <br />the council of any approval of a request for tolling within thirty days of such <br />approval. If any conditions have not been completed by the deadline, or if a time <br />extension request has not been submitted in accordance with section 25-2-44(c), the <br />planning department shall inform the applicant that the ordinance is null and void <br />without further action by the County. In that event, the zoning designation of the <br />property(s) affected by the ordinance shall automatically revert to its immediate <br />prior zoning designation. <br />(b) Requests to change or alter the conditions of any change of zone ordinance shall be <br />processed in the same manner as a zone change, unless the council authorizes the <br />changes or alterations to be made by the director. <br />(c) A condition granting an administrative time extension by the director shall not be <br />included in any change of zone ordinance. However, an initial time extension for <br />the performance of conditions within a change of zone ordinance may be granted by <br />the council via resolution upon a finding that the following circumstances exist: <br />(1) The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant and that are not the result <br />of the applicant’s fault or negligence; <br />(2) Granting of the time extension would not be contrary to the general plan or <br />this chapter; <br />(3) Granting of the time extension would not be contrary to the original reasons <br />for the granting of the change of zone; <br />(4) The time extension granted shall be for a period not to exceed the period <br />originally granted for performance (i.e., a condition to be performed within one <br />year may be extended for up to one additional year); and <br />(5) The request for the time extension is submitted to the director prior to the <br />expiration of time for the performance of conditions included in the original <br />change of zone ordinance. <br />When a request for initial time extension is received by the director, the director <br />shall recommend approval or denial and submit a notice to council through the <br />mayor. In the case of a recommended approval, the director shall also submit a <br />resolution to council through the mayor for consideration and action. <br />If an applicant should require an additional time extension beyond the time <br />extension provided via council resolution, the request shall be processed pursuant <br />to section 25-2-42. <br />SUPP. 17 (1-2025) <br />25-28.1 <br /> <br />