Chapter 12.08.19

CONDITIONAL USE PERMITS

REGULATIONS

• 19-1. Conditional Use Permits – City Council Authority

A request for a “conditional use permit” may be granted, granted subject to conditions or denied by the City Council for any use for which a conditional use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion of the City Council, similar to and compatible with the conditional uses permitted in the zone district in which the subject property is situated.

• 19-2. Conditional Use Permit – Application

Application for a conditional use permit shall be filed with the City upon a form provided, and shall be accompanied by such information as may be required to fully describe the proposed use for which the permit is sought, and shall be accompanied by a filing fee established by the City Council.

• 19-3. Conditional Use Permit – Public Hearing

  • A. Upon receipt of such application and determination of completeness, the City Clerk shall set the matter for public hearing as directed by the City Council within 45 days of filing of the application.

  • B. Notice of the time and place of the hearing shall be given at least 10 calendar days before the hearing to owners of property within 300 feet of the petitioner’s property, using addresses from the last assessment roll, and by publication once in a newspaper of general circulation in the City.

  • C. The notice shall include the date, time and place of the public hearing, identify the hearing body and give a general explanation of the matter to be considered and a general description of the area affected.

• A. Within 60 days of the conclusion of the hearing, the City Council shall act on the matter unless this time period is waived by the applicant.

• B. Approval of an application for a conditional use permit shall be based upon a written finding that the establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the City.

125

Loyalton City Zoning Ordinance No. 424

• C. The granting of any conditional use permit may be made subject to terms and conditions as deemed necessary to ensure compliance with the intent and purposes of the entire City Code.

• D. Failure of the City Council to act within the time set out in this Chapter shall be deemed to be denial of the application on that date.

In any case where the terms and conditions to the granting the use permit are not being complied with, the City Council shall give notice to the holder of the use permit of its intention to revoke the use permit. Proceedings for the revocation of the use permit shall be conducted in the same manner as the required proceedings for a new application.

• A. Construction of the conditional use shall be commenced within 1 year from the date the approved conditional use permit is approved by the City Council or the conditional use permit shall expire and become void, unless a written request for extension is received by the City Clerk or designee at least 30 days prior to such expiration or abandonment. Upon receipt of written request for extension with application and fee set by City Council, the City Clerk or designee shall set the matter for public hearing before the City Council for determination.

• B. Any changes to an approved conditional use permit shall be subject to review by the City Council with application and fee set by the City Council.

126

Loyalton City Zoning Ordinance No. 424