Chapter 18.435
MINOR USE PERMITS AND USE PERMITS
Sections:
18.435.050 Review, notice, and hearing.
18.435.060 Findings and decision.
18.435.070 Post-decision procedures.
18.435.010 Purpose.
This chapter establishes procedures for minor use permit and use permit applications as required uses and activities that may be appropriate in the applicable zone but whose effects on a site and surroundings cannot be determined without closer review of the specific site and the details of the proposed use. [Ord. 12-4. DC 2012 § 122-998].
18.435.020 Applicability.
Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code require a minor use permit or a use permit as a prerequisite to establishing a new land use, the minor use permit or the use permit shall be approved prior to planning division review of any building, grading, or other permit, or any other authorization required for the proposed use. A minor use permit is required for a finding of public convenience and necessity as required in CDC 18.200.040 (Alcoholic beverage sales). [Ord. 12-4. DC 2012 § 122-999].
18.435.030 Review authority.
A. Minor Use Permits.
1. A minor use permit application shall be reviewed and approved or disapproved by the zoning administrator at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings).
2. The zoning administrator may refer any minor use permit application to the planning commission for a public hearing and decision.
B. Use Permits. A use permit application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration).
C. Design and Site Review. Design and site review may be required as a part of the review and approval of a minor use permit or a use permit (see Chapter 18.415 CDC). [Ord. 12-4. DC 2012 § 122-1000].
18.435.040 Application.
Applications for a minor use permit or use permit shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the minor use permit and use permit application checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.435.060(A) (Findings). [Ord. 12-4. DC 2012 § 122-1001].
18.435.050 Review, notice, and hearing.
Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.
A. Minor Use Permits.
1. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that the zoning administrator will decide whether to approve or disapprove the minor use permit on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
2. Hearing. When a hearing is requested, a notice of the hearing shall be provided and the zoning administrator shall conduct the public hearing before making a decision on the application in compliance with Chapter 18.500 CDC (Public Hearings).
B. Use Permits.
1. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).
2. Hearing. A use permit application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings). [Ord. 12-4. DC 2012 § 122-1002].
18.435.060 Findings and decision.
A. Findings. The review authority may approve a minor use permit or a use permit application only after first making the following findings:
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the development code and the CMC.
2. The proposed use is consistent with the general plan and any applicable specific plan.
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.
4. The site is physically suitable for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints.
5. Granting the permit would not be detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood or materially detrimental or injurious to property or improvements in the vicinity and zoning district where the property is located.
6. If the review authority determines that it is not possible to make all of the required findings for approval of the project as submitted or as modified with conditions, the application shall be denied. The specific basis for denial shall be established for the record.
B. Findings for Public Convenience and Necessity. Findings for the approval or denial of an FOPCN shall be made as required in CDC 18.200.040 (Alcoholic beverage sales).
C. Conditions of Approval. In approving a minor use permit or use permit, the review authority may impose conditions relating to the placement, height, nature, and extent of the use, buffers and screening, landscaping and surfacing, off-site improvements, maintenance, and performance guarantees. The review authority may also impose conditions that establish standards for development that are more restrictive than the applicable requirements of the development code and that are deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection (A) of this section (Findings). [Ord. 12-4. DC 2012 § 122-1003].
18.435.070 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a minor use permit or use permit. [Ord. 12-4. DC 2012 § 122-1004].