Lincoln Municipal Code § 18.54.010 Applicability

The provisions in this chapter apply equally to applications for conditional use permits and variances.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.000, 1979)

The city planning commission is authorized to grant conditional use permits and variances pursuant to the provisions of this division. The city planner is authorized to grant variances as set forth in Section 18.58.050.

(Ord. 799B § 10(part), 2006: Ord. 458B § 1, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.010, 1979)

Applications for a variance or conditional use permit shall be made in writing by the property owner or his agent to the planning commission or, in case of applications for variances under Section 18.58.050 to the city planner, on a form to be prescribed by the commission. The application shall include the following data:

(1) A map drawn to scale showing the property for which the permit is requested and the property lines for property within 400 feet of the exterior boundary lines of the property;

(2) The names and mailing addresses of the owners of the property shown on the map;

(3) The proposed use of the property for which the application is sought;

(4) Such other information as the planning commission or the city planner may require.

(Ord. 799B § 10(part), 2006: Ord. 458B § 2, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.020, 1979)

A public hearing shall be held by the planning commission or in the case of variances under Section 18.58.050 by the city planner, after the filing of the application. Not less than ten days prior to the hearing, notice by mail to all property owners shown on the list furnished by the applicant shall be given. The notice shall include the name and address of the applicant, owner, agent if any, zoning classification of property, the proposed use, and date, hour and place of the hearing.

(Ord. 799B § 10(part), 2006: Ord. 458B § 3, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.030, 1979)

The planning commission may designate conditions in connection with variances or conditional use permits as it deems necessary to carry out the purposes of this title. The city planner may designate conditions in connection with variances under Section 18.58.050 as he or she deems necessary to carry out the purposes of this title.

(Ord. 799B § 10(part), 2006: Ord. 458B § 4, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.040, 1979)

(a) Upon the grant of the variance or conditional use permit, the planning commission shall prepare and deliver to the applicant a written statement of its decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(b) Upon the grant or denial of a variance under Section 18.58.050, the city planner shall prepare and deliver to the applicant a written statement of the decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(c) The decision of the planning commission or city planner shall not become final for a variance or conditional use permit, nor shall a permit or license of any kind be issued by any city office, until the time in which an appeal may be filed has elapsed without an appeal being filed.

(Ord. 799B § 10(part), 2006: Ord. 458B § 5, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.050, 1979)

A conditional use permit or variance, if not used for the purpose for which it was granted shall lapse and shall become void four years following the date of issuance, unless the conditional use permit or variance is conditioned with an alternate time expiration limit. The community development director may grant one extension of time for a period not exceeding two years, provided application for an extension is made prior to expiration of the original entitlement.

(Ord. No. 1081B, § 5(5.1B), 8-27-2024; Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.060, 1979)

(a) Initiation of Proceedings. The planning commission shall hold a public hearing for the purpose of either modifying or revoking any variance or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this title. Public hearings shall be held and notice given in accordance with the provisions of this chapter for the granting of conditional use permits and variances.

(b) Decision of City Council. After the public hearing as provided in subsection (a) of this section, the city council may revoke or modify a conditional use permit or variance for any one or more of the following reasons:

(1) That such approval was obtained by fraud;

(2) That any person making use of or relying upon, the conditional use permit or variance is violating or has violated any condition of such conditional use permit or variance;

(3) That the use for which the conditional use permit or variance was granted is being or has been exercised contrary to the terms and conditions of such approval;

(4) That the use for which the approval was granted is so exercised as to be detrimental to the public health, safety or general welfare and constitutes a public nuisance.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.070, 1979)

An application for a variance or conditional use permit shall not be accepted for a period of six months following the denial or revocation of substantially the same conditional use permit or variance for the same premises.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.080, 1979)

The city planning commission, or in the case of applications for variances under Section 18.58.050, the city planner, may permit the withdrawal of an application for a conditional use permit or variance filed pursuant to this chapter. Any fee accompanying the application shall not be returned to the applicant.

(Ord. 799B § 10(part), 2006: Ord. 458B § 6, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.090, 1979)