§ 26C-339. Tolling of development timelines.

The period of time during which any zoning permit, coastal permit, use permit, variance, precise development plan, design review approval or other entitlement issued pursuant to this chapter would normally be effective may be tolled pursuant to the provisions of this section. Requests for a stay may be made where a lawsuit is brought in a court of competent jurisdiction involving the approval or conditional approval of any of the foregoing permits or entitlements. The following shall apply to requests for a stay:

(a)

A stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading.

(b)

Stays will only be granted where the litigation is brought by opponents of the development to attack or overturn the development approval or its accompanying environmental document.

(c)

Stays may only be requested in connection with development approvals or any authorized extensions thereof, which are in effect as of or after March 1, 1991.

(d)

A request for a stay must be made prior to the expiration of the development approval or any authorized extension thereof. Requests may be made on or after March 1, 1991.

(e)

A request for a stay of one year or less will be automatically approved by the director of the permit and resource management department, unless the litigation is collusive.

(f)

A request for a stay of more than one (1) year and up to three (3) years is discretionary and will be acted upon by the body which issued the original permit or entitlement and shall be subject to appeal in the same fashion as would the original permit or entitlement.

(g)

Stays shall not exceed either three (3) years or the period during which the litigation is pending, whichever is less.

(h)

Requests for stays shall be acted upon within forty (40) days.

(i)

If granted, the effective life of the permit or entitlement shall be extended for the period of the stay.

(Ord. No. 5318 § 1, 2001.)