Richmond Municipal Code Art. 15.04.806 Use Permits

This article establishes procedures for the approval, conditional approval or disapproval of Use Permits when required by Article XV. A Use Permit is an administrative permission for uses not allowed as a matter of right in a district.

A. Conditional Use Permits. The Planning Commission must approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of Article XV.

B. Administrative Use Permits. The Zoning Administrator must approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of Article XV. The Zoning Administrator may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application must be processed as a Conditional Use Permit.

A. Common Procedures. Applications for Use Permits must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures).

B. Public Notice and Hearing. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission, and all applications for Administrative Use Permits require public notice and hearing before the Zoning Administrator. All hearings shall be conducted in accordance with Article 15.04.803 (Common Procedures).

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. Findings must be made on the basis of the application, plans, materials, and testimony submitted at the hearing. The inability to make one or more of the findings is grounds for denial of an application.

A. The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site;

B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

C. The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions;

D. The proposed use complies with all applicable provisions of Article XV; and

E. The site of the proposed use is adequately served by highways, streets, water, sewer, and other public facilities and services.

The decision-maker has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the City Council, and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in accordance with Section 15.04.803.140 (Appeals).

B. Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Section 15.04.803.110 and 15.04.803.120 (Common Procedures).

C. Revocations. A Use Permit may be revoked pursuant to Section 15.04.803.130 (Revocation).

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)