Lake County Municipal Code Art. L Minor Use Permit

(a) Upon receipt of a minor use permit application that is determined by the Planning Department to be complete, the Planning Department shall set the matter for a public hearing before the Zoning Administrator in the following manner:

1. Not less than ten (10) calendar days prior to the proposed issuance, written notice of the proposed issuance of a minor use permit shall be given by mail or delivery by the Planning Director to all owners shown on the last equalized assessment roll as owning real property as follows:

i. If the real property which is the subject of the hearing is five (5) acres or less in size, notice shall be given to owners of all real property within three hundred (300) feet of the real property which is the subject of the hearing.

ii. If the real property which is the subject of the hearing is more than five (5) acres in size, notice shall be given to owners of all real property within seven hundred (700) feet of the real property which is the subject of the hearing.

iii. Said notice shall also be published one time in at least one newspaper of general circulation within the county at least ten (10) days prior to the proposed date of approval.

2. The written notice shall declare that the requested minor use permit may be issued without a public hearing if no written request for hearing is filed with the Planning Department within ten (10) calendar days of the date of mailing.

3. If no appeal or request for hearing is filed with the Planning Department, the minor use permit may be issued by the Zoning Administrator without a public hearing.

4. If an appeal or request for a hearing by the applicant or other affected person is filed at the Planning Department pursuant to this Subsection, the Planning Director shall schedule a public hearing and provide notice of the hearing as provided for in Article 57.

5. Appeals pursuant to this Section shall be accompanied by a fee as established by the Board of Supervisors.

(a) The review authority may only approve or conditionally approve a minor use permit if all of the following findings are made:

1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.

2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.

3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.

4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.

5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan.

6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.

(a) A decision of the Zoning Administrator on a minor use permit application may be appealed to the Planning Commission in accordance with the provisions of Section 58.20 et seq. of this Chapter.

(b) A decision of the Planning Commission on a minor use permit application may be appealed to the Board of Supervisors in accordance with the provisions of Section 58.30 et seq. of this Chapter.

(Ord. No. 1749, 7-7-1988; Ord. No. 2128, 1-14-1993; Ord. No. 2172, 8-12-1993)