Chapter 17.68 — USE PERMITS

(a)

This chapter establishes procedures for the review, and approval or denial of use permits, which are required by Chapters 17.16 through 17.32 or any other section of this chapter which requires a use permit for land use activities which may be desirable in the applicable zoning district and compatible with adjacent

land uses, but whose effects on a site, and surroundings cannot be determined before being proposed for a particular location.

(b)

The process includes the review of the location, design, configuration, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

(Code 1990, § 17.68.010; Ord. No. 14-02, § 4, 3-19-2014)

A use permit is required to authorize proposed land uses and activities identified by Chapters 17.16 through 17.32 as being allowable in the applicable zoning district subject to the approval of a use permit and to authorize modifications to previously approved use permits.

(Code 1990, § 17.68.020; Ord. No. 14-02, § 4, 3-19-2014)

An application for a use permit, or modification of an existing use permit, shall be prepared, filed, and processed in compliance with Chapter 17.60 and shall include all information specified by the Department.

(Code 1990, § 17.68.030; Ord. No. 14-02, § 4, 3-19-2014)

Upon a determination that the use permit application is in proper form and deemed complete, the Commission shall hold at least one public hearing, in compliance with Chapter 17.120.

(Code 1990, § 17.68.040; Ord. No. 14-02, § 4, 3-19-2014)

Following a public hearing, the Commission may approve a use permit application, with or without conditions, only if all of the following findings can be made:

(1)

That the proposed use is consistent with all applicable sections of the general plan and this Title and is consistent with any applicable specific plan or master plan;

(2)

That the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health and safety nor materially injurious to properties or improvements in the vicinity; and

(3)

The Commission shall make such other findings as deemed necessary to support approval or denial of the proposed use.

(Code 1990, § 17.68.050; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Review authority may impose conditions. In approving a use permit, the Commission may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.68.050.

(b)

Examples of appropriate conditions. Appropriate conditions may include, but not be limited to, buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, periodic review of the permit with authority to modify or add new conditions based on the results of the review, property maintenance, signs, specified duration for the permit, surfacing, traffic circulation, etc.

(Code 1990, § 17.68.060; Ord. No. 14-02, § 4, 3-19-2014)

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. The applicant shall sign an agreement indicating acceptance of the conditions of approval of the use permit, if any, and willingness to abide by all such conditions. A copy of this agreement shall be recorded in the office of the Clerk/Recorder of the County.

(Code 1990, § 17.68.070; Ord. No. 14-02, § 4, 3-19-2014)

Changes to a use permit may be approved in compliance with Section 17.60.090 or imposed pursuant to Chapter 17.124.

(Code 1990, § 17.68.080; Ord. No. 14-02, § 4, 3-19-2014)

Following the denial of a use permit application or the revocation of a use permit, no application for a new use permit for the same or substantially the same use or site shall be filed within one year from the date of denial or revocation of the use permit; provided, however, that the Commission may deny or revoke without prejudice, thereby allowing an earlier re-application.

(Code 1990, § 17.68.090; Ord. No. 14-02, § 4, 3-19-2014)

Any use permit issued for a commercial cannabis activity shall, in addition to complying with the requirements of this chapter, comply with all of the requirements and regulations for the intended commercial cannabis activities pursuant to Section 17.52.085.

(Code 1990, § 17.68.100; Ord. No. 18-02, § 5(exh. A, e.), 3-13-2018)