Chapter 17.80 — USE PERMITS

A request for a use permit may be granted, granted subject to conditions, or denied by the planning commission for any use for which a 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 planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

(Ord. 2007-05 § 3 (part))

Application for a use permit shall be filed at the office of the city clerk upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought, and shall be accompanied by a filing fee established by the city council.

(Ord. 2007-05 § 3 (part))

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission within forty-five (45) days of filing of the application.

B.

Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing to owners of property within three hundred (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.

(Ord. 2007-05 § 3 (part))

A.

Within thirty (30) days of the conclusion of the hearing, the planning commission shall act on the matter unless this time period is waived by the applicant.

B.

Approval of an application for a use permit shall be based upon a written finding that:

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.

C.

The granting of any use permit may be made subject to terms and conditions as deemed necessary to ensure compliance with the intent and purposes of this title.

D.

Failure of the planning commission to act within the time set out in this section shall be deemed to be denial of the application on that date. The action of the planning commission shall become final ten (10) days from the date thereof, unless an appeal has been filed during the ten (10) day period in accordance with the provisions of Section 17.92.010.

(Ord. 2007-05 § 3 (part))

In any case where the terms and conditions to the granting the use permit are not being complied with, the planning commission 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.

(Ord. 2007-05 § 3 (part))

A.

Construction of the conditional use shall be commenced within one year from the date the approved conditional use permit is approved by the planning commission or city council or the conditional use permit shall expire and become void, unless a written request for extension is received by the city manager or his/her designee at least thirty (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 manager or designee shall set the matter for public hearing before the planning commission for determination.

B.

Any changes to an approved conditional use permit shall be subject to review by the planning commission with application and fee set by city council.

(Ord. 2007-05 § 3 (part))

A.

It shall be the duty of the planning director, upon the filing of an application for a permit, to investigate same, and if it appears that the proposed use is in compliance with all the requirements of this title, and of the zoning regulations of the city and not in violation of any of the other provisions of this code, an administrative permit shall be issued.

B.

In the event an application is denied, written notice of the denial of the request for an administrative permit shall be mailed to the applicant within five working days after the decision is rendered.

C.

If the applicant disagrees with any action taken in regards to the administrative permit, they may appeal to the city manager stipulating the purpose of the appeal and their desired remedy. Any action taken by the city manager may be appealed to the planning commission within ten (10) calendar days from the date of the review authority's action.

(Ord. 2007-05 § 3 (part))

A.

Operation and/or construction of the administrative use shall be commenced within one year from the date the approved administrative use permit is approved by the city manager or his/her designee or the administrative use permit shall expire and become void, unless a written request for extension is received by the city manager or his/her designee at least thirty (30) days prior to such expiration or abandonment.

B.

Any changes to an approved administrative use permit shall be subject to review by the city manager or his/her designee.

(Ord. 2007-05 § 3 (part))