Paradise Municipal Code § 17.45.200 Use permit procedure

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.

2. 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)

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)

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)

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)