Zoning permits shall be required for all buildings and structures erected, constructed, altered, repaired or moved in or into any district established by this chapter, and for the use of vacant land or for a change in the character of the use of land within any district established by this chapter.

(Ord. No. 4643, 1993.)

The zoning permit shall be issued if the proposed use or building is in conformance with the provisions of this chapter. If any permit is issued, by error or otherwise, where a proposed use or building is not in conformance with the provisions of this chapter, such permit shall be null and void.

(Ord. No. 4643, 1993.)

(a)

At the time of submitting an application for a discretionary approval which is the subject of this chapter, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

(b)

In the event that a claim, action or proceeding discussed in subsection (a) is brought, the county shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the county from participating in the defense of any claim, action or proceeding if the county elects to bear its own attorney fees and costs and defends the action in good faith.

(Ord. No. 4643, 1993.)

(a)

Except as provided in Section 1-7.3 of this code, the zoning administrator or the planning commission, as appropriate, after notice provided in compliance with this chapter and state law, shall hear and decide on applications for use permits, applications for variances, and any other discretionary development permit under this chapter for which a public hearing is required by law.

(b)

Except as otherwise provided in this chapter, any interested person may appeal any discretionary order, requirement, permit, or determination made pursuant to this chapter by the director or any other administrative official of the county. For purposes of this subsection, the zoning administrator is not an administrative official of the county. Appeals pursuant to this subsection shall be to the planning commission. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal; provided, however, that the county may still revoke any erroneously issued permit or entitlement even after the expiration of the ten (10)-day appeal period. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee. Nothing in this section shall be construed to limit appeal rights under Public Resources Code section 21151, or to limit appeal rights under other applicable state law or this code.

(c)

In case of uncertainties by the department as to whether certain uses are permitted in certain districts, the department may refer such questions to the zoning administrator or planning commission, as appropriate, for decision.

(d)

Notwithstanding subsection (b), an appeal pursuant to Government Code Section 65943(c) shall be filed with the director, in writing, within ten (10) calendar days after the date of the application was determined to be incomplete. The appeal shall state each specific basis for the appeal and be accompanied by the required appeals fee. Appeals under this subsection shall be to the planning commission, which shall make its written determination no later than sixty (60) calendar days after the director receives a timely appeal. The planning commission's determination shall be final and not subject to further appeal.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5933, § II(k), 5-10-2011; Ord. No. 5537 § 2(d), 2004: Ord. No. 4909 § 3, 1995: Ord. No. 4643, 1993)

(a)

At least ten (10) days' notice of all hearings required by Sections 26-92-040 and 26-92-160 shall be given by the planning director through the United States mails with postage prepaid to all persons shown on the last equalized assessment roll as assessed of parcels of real property within three hundred feet (300′) of the parcel wherein the subject use is located or is to be located or by publication in a newspaper of general circulation and posting in at least three (3) places on or near the property which is the subject of the hearing.

(b)

At least ten (10) days notice of all hearings required by Section 26-96-020 shall be given by the planning director in accordance with all applicable laws.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. Nos. 2684 and 2936, § VII)

Where a development project requires multiple approvals from different decision making bodies authorized to act under this chapter and Chapter 25 or 26C of the Sonoma County Code, notwithstanding anything else contained in this chapter and Chapter 25 or 26C to the contrary, the following administrative rules shall be applied to achieve concurrent processing of related applications:

(a)

The Sonoma County planning commission shall, at the same meeting that it acts upon an application within its jurisdiction, act on a related application which would otherwise be decided by the zoning administrator, provided that all required public notice was given and the proposed action is stated on the meeting agenda.

(b)

All applications made pursuant to Chapter 25 of this code which are accompanied by an application for a rezoning, specific plan amendment, general plan amendment, development agreement or any other legislative action under this chapter, shall be heard by the planning commission together with any additional related actions governed by this chapter. The planning commission shall make its recommendations to the board of supervisors regarding the legislative actions and shall also provide recommendations to the board regarding all related applications heard by the commission and, after considering such recommendation, the board of supervisors shall be the decision-making body for all such related applications.

(c)

Where the board of supervisors takes original jurisdiction over an application made pursuant to Chapter 25 it may, at the same time, assume direct jurisdiction over a related approval required pursuant to this chapter, except in those cases where state law requires the planning commission to hear and make a recommendation on such related approval.

(d)

Applications for extensions or modifications of development projects originally approved pursuant to this section may be acted upon by any decision making body which would otherwise have jurisdiction over the type of extension or modification which is sought.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. No. 3753)

For any project subject to a hearing limit under Government Code Section 65905.5, the director is authorized to schedule joint meetings of the design review committee or the county landmarks commission, with the zoning administrator or the planning commission as applicable, when the director determines that doing so is feasible and best serves the public interest. ach entity shall provide notice of any joint meeting, and all applicable notice and hearing requirements shall be met. An action of the director to facilitate a joint meeting, consistent with this section, is not subject to appeal under Section 26-92-040. For purposes of this section, "hearing" is defined as provided in Government Code § 65905.5.

(Ord. No. 6516, § III(Exh. A), 5-6-2025)

Use permits may be issued by the zoning administrator or planning commission for any of the uses for which such permits are required by this chapter, except that only the planning commission has jurisdiction in the PC district.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

(a)

In order to grant any use permit, the written findings of the zoning administrator or planning commission as decision maker shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or to the general welfare of the area, and any additional findings as may be required by this code for the particular use.

The decision maker may designate such conditions in accordance with the use permit, as it deems necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.

(b)

Subject to the right of appeal as provided in this chapter, the decision of the decision maker shall be final ten (10) days after the decision maker renders its decision.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(e), 2004: Ord. No. 4643, 1993)

In order to grant a use permit to allow the conversion of a mobile home park to an alternate land use, or the closure or cessation of use of the land as a rental mobile home park, the following findings shall be made by the zoning administrator or the planning commission:

(a)

Finding required by Section 26-92-050(a);

(b)

The conversion of the rental mobile home park to an alternate land use is consistent with the county's general plan, and either:

(1)

Adequate replacement rental housing in other mobile home parks is available for displaced mobile home park tenants and any adverse impacts of the conversion, closure or cessation of use on the ability of displaced mobile home park tenants to find adequate rental housing in a mobile home park have been mitigated, or

(2)

There exists land which is presently zoned and approved for development which will allow replacement housing for displaced mobile home park tenants;

(c)

A relocation plan has been submitted which mitigates the adverse impacts of the displacement of low-and moderate-income individuals or households for a reasonable transition period and mitigates the adverse impacts of long-term displacement.

(d)

An adequate impact report has been prepared and filed pursuant to Government Code, Sections 65863.7 and 66427.4 and Civil Code Section 798 et seq.

This section shall not apply to a resident-initiated conversion to resident ownership that is approved under Government Code Section 66428.1.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6247, § II(Exh. J), 10-23-2018)

(a)

Whenever, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings which are unique to the subject property alone, where the strict application of this chapter is bound to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification, a variance may be granted. Justification for such a variance shall be based solely on comparative information describing the disparities between the subject property and surrounding properties and the burden of demonstrating that the above requirements are met shall be the responsibility of the applicant.

(b)

The decision maker for a variance shall be the zoning administrator, or the planning commission upon referral by the zoning administrator. At the conclusion of the public hearing, the decision maker shall make written findings of fact showing whether or not the requirements of subsection (a) of this section apply to the variance sought. As a part of such findings, the decision maker shall set forth such conditions, if any, as are necessary to obtain compliance with the provision of such subsection. Following the aforesaid hearings, the decision maker shall make its determination on the matter within sixty (60) days after the hearing is closed. Failure of the decision maker to decide on the matter within sixty (60) days after the hearing is closed shall constitute a denial of the request.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Subject to a right of appeal under this chapter, the decision of the zoning administrator or planning commission shall be final ten (10) days after the decision maker renders its decision.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(f), 2004: Ord. No. 4643, 1993)

(a)

Whenever, in the opinion of the director or of the zoning administrator a condition of any permit issued pursuant to this chapter has been violated, or a use constitutes a nuisance, the director shall cause a hearing to be held before the planning commission on the matter of the revocation or modification of such permit. The hearing shall be noticed in accordance with this chapter and shall require the owner to appear at the noticed time and place and show cause why such permit should not be revoked or modified.

(b)

If, after the hearing, the planning commission finds that there has been or will be a substantial failure to fulfill one (1) or more of the conditions of the permit or that exercise of the use constitutes a nuisance, the board may either revoke the permit or modify it in such a manner as to secure the goals of Section 26-92-080.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

(a)

A use permit that is approved in conjunction with approval of a tentative subdivision map shall expire if the tentative map, or any extension of the tentative map, expires.

(b)

A public hearing must be held before the zoning administrator or planning commission, as applicable, to determine that a permit or other approval is expired, revoked and void under this section.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5933, § II(l), 5-10-2011; Ord. No. 4643, 1993)

An application under this chapter expires if it remains inactive for a continuous period of one (1) year or incomplete for a period of six (6) months from the date it was last determined to be incomplete. Inactive means the applicant has not submitted information requested by the department or that fees due on the application remain unpaid. An incomplete application includes one (1) that has unpaid invoices. The director must send notice that the application will expire to the address on file for the applicant. The applicant has thirty (30) days from the notice date to submit all requested information and past due fees to reactivate the application. The application automatically expires thirty (30) days after the notification if the requested information and past due fees are not submitted in full. The planning director may extend this thirty (30) day time period when warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from being completed within the allowed year time frame, or (3) in the interest of public health and safety. The planning director's decision regarding the limitation period is final. An expired permit application may be resubmitted as a new application, subject to payment of new application fees and any outstanding balance on the expired permit application.

(Ord. No. 6516, § III(Exh. A), 5-6-2025)

Notice of hearings held under Sections 26-92-120 and 26-92-130 must comply with the following:

(a)

At least ten (10) days' written notice must be given by the director through the United States mails to the owners of the property that is the subject of the permit; and

(b)

Notice must be given in accordance with Section 26-92-050(a).

(c)

The director may give such additional notice as he deems necessary to secure a fair hearing.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

It is unlawful, prohibited and a violation of this chapter to violate any term or condition of any permit or approval granted or issued pursuant to this chapter. Any person whether as principal, agent, employee or otherwise, violating any such term or condition shall be subject to the sanctions provided in Section 26-92-260.

(Ord. No. 4643, 1993.)

This section provides the procedures for the board of supervisors, upon its own initiative, to exercise original jurisdiction over applications filed pursuant to this chapter.

(a)

Request to Exercise Original Jurisdiction. Any member of the board of supervisors may request the board to exercise original jurisdiction over any application filed pursuant to this chapter, except in cases where state law requires a recommendation of the planning commission prior to action by the board on the matter.

(b)

Timing and Form of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to any decision by a lower level decision maker approving or denying the subject application. A request to exercise original jurisdiction need not state the reasons for the request.

(c)

Effect of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall stay any proceedings of lower level decision makers until the board of supervisors takes action in compliance with subsection (d) of this section.

(d)

Consideration of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request to exercise original jurisdiction, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request to exercise original jurisdiction, the appropriate lower level decision maker shall resume jurisdiction over the matter and take action in compliance with applicable law.

(e)

Hearing and Decision. Any matter that is the subject of original jurisdiction shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The board may approve, conditionally approve, or deny the subject application.

(f)

Participation by Initiator of Request to Exercise Original Jurisdiction. Any member of the board of supervisors who initiates a request to exercise original jurisdiction shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 2(g), 2004)

(a)

Except as otherwise provided in this chapter, any interested person may appeal any decision made by the zoning administrator or the planning commission pursuant to this chapter to the board of supervisors. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee. The board of supervisors shall set a date for public hearing and cause notice to be given as provided in this chapter. The board of supervisors shall render its decision within ninety (90) days after the public hearing is first opened. In the event that the board of supervisors fails to act within the ninety (90)-day period, the decision of the zoning administrator or planning commission shall be deemed to be upheld. The ninety (90)-day time limit established by this subsection may be extended, with the consent of the board of supervisors, by any individual or entity having a fee or leasehold interest in the property subject to the appeal.

(b)

The filing of an appeal pursuant to this section shall operate as a stay on issuance, modification, or revocation, as the case may be, of any permit with respect to which the appeal is taken. The action shall be stayed until the body hearing the appeal has entered its decision.

(c)

Any appeal filed pursuant to this section may be withdrawn where the appellant requests such withdrawal and the body hearing the appeal consents.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(h), 2004: Ord. No. 4643, 1993)

This section provides the procedures for the board of supervisors, upon its own initiative, to review the decisions of lower level decision makers on applications filed pursuant to this chapter.

(a)

Request for Direct Review. Any member of the board of supervisors may request the board to review a decision of a lower level decision maker approving or denying any application filed pursuant to this chapter.

(b)

Timing and Form of Request for Direct Review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to the expiration of the appeal period for the decision of the lower level decision maker on the subject application. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the lower level decision maker.

(c)

Effect of Request for Direct Review. A request for direct review shall stay the decision of the lower level decision maker until the board of supervisors takes action in compliance with subsection (d) of this section and, if applicable, until the board of supervisors takes action in compliance with subsection (e) of this section. The stay shall not extend the time for filing an appeal of the decision of the lower level decision maker.

(d)

Consideration of Request for Direct Review. A request for direct review shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request for direct review, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request for direct review, the decision of the lower level decision maker shall stand unless an appeal of the decision was timely filed.

(e)

Hearing and Decision. Any matter that is the subject of direct review shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The hearing shall be de novo. The board may affirm, wholly or partly, modify, or reverse the decision of the lower level decision maker on the subject application.

(f)

Participation by Initiator of Request for Direct Review. Any member of the board of supervisors who initiates a request for direct review shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 2(i), 2004.)

When a decision by a lower level decision maker is both appealed and jurisdiction is taken by the board of supervisors through direct review, both the appeal and the direct review shall be heard and considered concurrently.

(Ord. No. 5537 § 2(j), 2004.)

Applications for zoning permits, use permits, variances and appeals for use permits and variances shall be in writing on forms prescribed by the director and shall be accompanied by such plans and data as are necessary to determine compliance with this chapter. If a use permit application, variance permit application, or mobile home zoning permit application is denied by the zoning administrator, planning commission or board of supervisors, reapplication for the same use cannot be made within one (1) year of the denial unless the application is denied "without prejudice."

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

(a)

Every person making an application for zoning permits, variances, design review, rezoning, appeals, general plan amendments and specific plan amendments, or other related procedures, shall pay a processing fee prescribed by resolution of the board of supervisors.

(b)

Permit fees may be waived or refunded by the Sonoma County board of supervisors, zoning administrator or planning commission upon a showing of good cause. No application fee will be required from the county of Sonoma or any other public agency whose directors are the Sonoma County board of supervisors acting as directors of the public agency.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. No. 2269, § 1)

(a)

The planning director and the director's authorized agents and/or employees are hereby authorized to issue citations to persons for violations of this chapter.

(b)

The planning director and the director's authorized agents or employees are authorized to issue stop orders to prohibit further construction or use of structures or property which are violations of this chapter. Such stop orders shall remain in effect until violations are eliminated.

(Ord. No. 4643, 1993.)

(a)

Except as otherwise provided in this chapter, no building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than one that is included among the uses listed in this chapter as permitted in the district in which such building, land or premises is located.

(b)

No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this chapter for the districts in which such building is located.

(c)

No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open area be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated in this chapter for the district in which such building or open space is located.

(Ord. No. 4643, 1993.)

(a)

All departments, officials and public employees of the county which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter. Such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.

(b)

The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of this chapter.

(Ord. No. 4643, 1993.)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and public nuisance, and the district attorney of the county shall, on order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this chapter.

(Ord. No. 4643, 1993.)

(a)

If any outdoor advertising structure, sign or appurtenant sign is erected, constructed or maintained in any district contrary to the provisions of this chapter, the zoning administrator shall set a time and place for hearing and serve upon the owner of the structure, and the owner of the real property upon which it is situated, an order to show cause why the zoning administrator should not cause the structure to be summarily abated and removed from the real property. For purpose of this chapter, such owner of record shall be deemed to be the owner as shown by the last equalized assessment roll of the county, and the address of such owner of record shall be deemed to be that as disclosed by the assessment roll. Such order to shown cause shall be served upon the owner of record of the real property and upon the owner of the structure by registered or certified mail at least thirty (30) days before the date of the hearing. If the address of the owner of such structure is unknown, the order to show cause shall be deemed to be the owner as shown by the last equalized assessment roll of the county, and the address of such owner of record shall be deemed to be that as disclosed by the assessment roll. Such order to show cause shall be served upon the owner of record of the real property and upon the owner of such structure is unknown, the order to show cause shall be mailed to him in care of the real property. A copy of the order to show cause shall also be posted on the real property on or near the outdoor advertising structure, sign or appurtenant sign.

(b)

If, after hearing, the zoning administrator determines that the outdoor advertising structures, signs or appurtenant sign should be summarily abated, it may order the road commissioner to remove the same and store it in the nearest county corporation yard. Thereafter, the owner of the structure may claim the same upon payment of the expenses of the road commissioner in connection with such removal. If such outdoor advertising structure; sign or appurtenant sign is not reclaimed within a period of six (6) months, the road commissioner may make such disposition thereof as he deems proper.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. No. 4643, 1993.)

Any person, firm or corporation or agency, or employee of any person, firm or corporation or agency who violates or knowingly permits violation of any regulatory provision of this chapter shall be guilty of a public offense. The first and each subsequent conviction shall be a misdemeanor punished by a fine of not more than one thousand dollars ($1000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each person, firm or corporation or agency or employee thereof shall be guilty of a separate offense for each day, or any portion thereof, during which any violation of this chapter is committed or permitted and shall be punished accordingly.

(Ord. No. 4643, 1993.)

The period of time during which any zoning 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 (1) year or less will be automatically approved by the planning director, 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 (40) days.

(i)

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

(Ord. No. 4643, 1993.)