Chapter 8.16 — VARIANCE, CONDITIONAL USE AND DESIGN REVIEW PERMITS

Chapter 8.16 - VARIANCE, CONDITIONAL USE AND DESIGN REVIEW PERMITS

As used in this chapter, "permit" means a variance, conditional use permit or design review approval.

(Prior code § 8-601)

(Ord. No. 284, § 3, 9-11-2019)

If a permit is not exercised, used or established within one year of its grant or the time otherwise specified in the permit, the permit automatically expires. A permit issued under this title is considered to be exercised, used or established when, within one year of its grant or within the time otherwise specified in the permit, a building permit is issued for the purpose and location described in the permit. If no building permit is required to establish the variance, use or other matter granted, then the permit is considered to be exercised, used or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.

A time period stated in the permit governs over this provision.

(Prior code § 8-602)

(Ord. No. 284, § 3, 9-11-2019)

Upon a showing of good cause, the planning director may extend the period for initially exercising the permit for a maximum of one additional year. (See Section 8.08.100.)

(Prior code § 8-603)

(Ord. No. 284, § 3, 9-11-2019)

If a use is established under a permit and the use is discontinued for any reason for a period of one year, the permit becomes void and the use may not be resumed. Upon application during the one-year period by the owner and upon a showing of good cause the director of planning may grant an extension not to exceed a total of six months.

(Prior code § 8-604)

(Ord. No. 284, § 3, 9-11-2019)

8.16.050 - Grounds for revocation of permit.

The planning commission may revoke a permit on any one of the following grounds:

A.

Violation of a zoning regulation of the town;

B.

Violation of a term, limitation or condition;

C.

Causing or allowing a nuisance in connection with the premises; or

D.

Conviction of a violation of federal or state law or town ordinance in connection with the operation of the permitted use.

(Prior code § 8-605)

(Ord. No. 284, § 3, 9-11-2019)

8.16.060 - Procedure for revocation.

If the planning commission finds that there is probable cause for revoking a permit, the planning commission shall direct the planning director to give notice of a hearing to the committee and the public in the same manner as prescribed for the original application.

The public hearing shall be conducted in the same manner as the original application, except that the town has the burden of proving the grounds for revocation. If the planning commission finds that grounds for revocation exist, it may revoke the permit or impose conditions to its continuance.

An order revoking or failing to revoke a permit may be appealed to the town council in accordance with the provisions of this title relating to appeals on original applications.

(Prior code § 8-606)

(Ord. No. 284, § 3, 9-11-2019)

8.16.070 - Variances in new subdivisions.

A.

A variance in the requirements necessary to the consideration of a tentative map of a subdivision may be considered and granted or denied in accordance with the provisions governing the approval of subdivisions. Notice of the hearing shall be given as for notice of the hearing on an application for a variance (Section 8.12.070).

B.

The planning commission shall administer the variance in lot area side yard, height or setback necessary to the consideration of the tentative map of a subdivision.

(Prior code § 8-607)

(Ord. No. 284, § 3, 9-11-2019)

The reviewing body may impose such reasonable conditions to the grant of a conditional use permit or variance as it considers necessary to carry out the purpose and intent of this title and to comply with the general plan. The conditions which may be imposed include but are not limited to dedication of right-ofway, construction of public facilities and other improvements,detailed plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening.

(Prior code § 8-608)

(Ord. No. 284, § 3, 9-11-2019)