Chapter 17.45 — ADMINISTRATION Article I. - ENVIRONMENTAL REVIEW

All procedures set forth by the environmental review guidelines in effect for the town shall be used in all reviews of land use projects subject to the regulations set forth in this title.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Article II. - CONDITIONAL USE PERMITS/ADMINISTRATIVE PERMITS

Use permit application procedures shall be as follows:

A.

Use permits shall be issued as provided in this title only for land uses or purposes for which such permits are required. The planning director shall conduct a public hearing and decide all applications for use permits required by this title. If the planning director determines that the use permit application is controversial or if major policy questions are at issue, the application may be referred to the planning commission for public hearing and action. Notice of such public hearing shall be in accordance with the provisions of Section 17.45.700. In approving a use permit, the planning director or planning commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the general plan. Such conditions may include, but are not limited to: time limitations, street dedication, street and drainage improvements, etc. Nothing in this title shall be construed to limit the discretion of the authority of the planning director to require conditions. Conditions imposed upon issuance of a use permit must be reasonably related to the use of the property for which the permit is requested.

B.

The planning director may condition a use permit to prohibit a building, structure or land use to be occupied until an inspection has been made which finds that the building, structure or land use complies with all conditions specifically required to be completed prior to occupancy. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the town engineer or building inspector shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for use permit compliance remains with the planning director. The planning commission or the planning director may also require conditions be completed prior to the issuance of building permits.

C.

Applications for use permits shall be filed with the community development department and shall be accompanied by a plot plan sufficient to show the details of the proposed land use or building. Upon receipt of a complete application and payment of the appropriate fee for a use permit, the planning staff shall set a date for a public hearing on the application.

D.

The planning director or the planning commission, on the basis of the evidence submitted at the public hearing, may grant use permits whenever the following findings are determined:

1.

The proposed land use is consistent with the provisions of this title as well as the goals and policies of the Paradise general plan.

The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.45.210 - Time limit—Expiration.

A.

If any land use for which a use permit has been granted and issued is not established within three (3) years of the use permit's effective date established in accordance with the provisions of Section 17.45.220 of this chapter, the use permit may become subject to revocation and the planning director (or designee) may initiate a revocation proceeding as set forth in Section 17.45.230 of this chapter. In the event the use permit is revoked pursuant to this chapter, reapplication and reapproval shall be required to establish the land use previously granted under the expired and revoked permit.

B.

A use permit shall be deemed eligible for revocation if the established land use for which the permit was granted has ceased or has been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired use permit up to one additional year.

(Ord. No. 496, § 5, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.45.220 - Effective date.

The use permit shall be deemed legally in effect and force when the use permit approval's appeal period has lapsed and the use permit is signed by the planning director. This date shall be so noted in the official use permit application file and shall also be noted upon the issued use permit.

(Ord. 332 § 12, 1999; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Whenever any alleged violation of the terms of a use permit is brought to the attention of the planning director and after investigation it is determined that a violation does exist, then the permittee shall be sent a written notice to comply within thirty (30) days. The notice shall be sent by certified mail, return receipt requested, and the thirty-day period shall commence with the date of the mailing of the notice. If the permittee does not comply within the thirty-day period, the planning director (or designee) may place the question of revocation of the use permit on the agenda of the next available planning commission and/or planning director meeting. A public hearing shall be required to be conducted by the planning commission or the planning director in order for the town to legally revoke a use permit.

(Ord. No. 496, § 6, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Administrative permit application procedures shall be as follows:

A.

Administrative permits (and/or modifications thereof) shall be processed and approval thereof issued as provided via the provisions of this title only for those land uses or purposes for which such permits are required. The planning director shall conduct a review and administratively render a town decision-making action for all applications for administrative permits (and/or modifications thereof).

B.

At the discretion of the planning director, any administrative permit (and/or modifications thereof) application may be directed to the planning commission for consideration and decision-making action.

C.

In processing and approving an administrative permit application, the planning director or planning commission shall evaluate and base the application decision subject to the use and/or application of the requirements of the California Environmental Quality Act and existing Town of Paradise adopted development standards, criteria, policies, and regulations.

(Ord. No. 473, § 5, 12-11-2007; Ord. 375 § 6, 2002; Ord. 332 § 13, 1999)

17.45.245 - Effective date.

The administrative permit shall be deemed legally in effect and force when the administrative permit approval's appeal period has lapsed and the administrative permit is signed by the planning director. This date shall be so noted in the official administrative permit application file and shall also be noted upon the issued administrative permit.

(Ord. 436, § 8, 6-14-2005)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke an administrative permit whenever evidence exists and a determination is made verifying that an administrative permit authorized land use activity has been established or is being conducted in a manner that does not comply with existing town of Paradise land use regulations of this code and/or applicable town of Paradise adopted land use development standards, policies and criteria.

(Ord. 332 § 14, 1999)

Article III. - VARIANCES

17.45.300 - Variance.

A.

Variances from the requirements of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations.

B.

Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.

C.

All variances to building coverage, height, lot width, parking, setback and signage requirements shall be granted or denied by the planning director. This decision may be appealed to the planning commission within seven (7) days following the decision date. Anyone directly effected by the decision may appeal. Ten (10) days prior to a decision rendered by the planning director, the property owners within three hundred (300) feet of the subject property shall be notified by mail of the application. At his/her discretion, the planning director may refer the variance application to the planning commission. Any variance reviewed by the planning commission shall require a public hearing.

D.

All variance applications other than variances addressed by the provisions of subsection C of this section shall be granted or denied by the planning commission at a public hearing. Notice of the hearing shall be given pursuant to Section 17.45.700 of this chapter.

E.

A variance shall not be granted to allow land uses on property which conflict with the uses permitted in the zoning district affecting the property.

F.

Applications for variances shall be made to the community development department together with appropriate fees, documents and maps.

(Ord. 354 § 7, 2000; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)