Chapter 18.110
USE PERMITS

Sections:

18.110.010  Use permits.

18.110.020  Application.

18.110.030  Public hearing.

18.110.040  Findings of the Planning Commission.

18.110.050  Nonconforming uses.

18.110.060  Decision.

18.110.070  Appeals.

18.110.080  Building permits.

18.110.090  Time extensions.

18.110.100  Revocation.

18.110.010 Use permits.

A use permit is revocable, conditional, or valid for a term period. It may be issued in the manner specified herein for any of the uses for which such use permits are required by the terms of this title; and, unless otherwise provided, the use permit shall be limited to the particular use, building, property and plans submitted for which the permit is granted. The life of a use permit approval, unless otherwise conditioned or revoked, shall continue indefinitely, with the exception that said approval shall expire and become null and void twelve (12) months following the cessation of the conditional use. (Zoning Ord. § 55-1).

18.110.020 Application.

Application shall be made to the Planning Commission in writing on a form prescribed by the Planning Commission, and shall be accompanied by plans and elevations necessary to show the detail of the proposed use or building. Such application shall be accompanied by a fee as set by resolution of the City Council. (Zoning Ord. § 55-2).

18.110.030 Public hearing.

A public hearing by the Planning Commission shall be held within forty-five (45) days after the project clearance committee's finding that the application is complete. Notice shall be given by posting in the time and manner set forth in SCCC 18.112.060. (Zoning Ord. § 55-3).

18.110.040 Findings of the Planning Commission.

In order to grant any use permit, the findings of the Planning Commission shall be:

(a) That the establishment or operation of the use or building applied for, under the circumstances of the particular case, are essential or desirable to the public convenience or welfare;

(b) That said use will not be detrimental to any of the following:

(1) The health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use;

(2) Property or improvements in the neighborhood of such proposed use; or

(3) The general welfare of the City;

(c) That said use will not impair the integrity and character of the zoning district; and

(d) That said use is in keeping with the purposes and intent of this title.

The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title, and may require guarantees and evidence that such conditions will be complied with by the applicant. (Zoning Ord. § 55-4).

18.110.050 Nonconforming uses.

Under the same circumstances and subject to the same findings set forth above, a use permit may be granted by the Planning Commission for the maintenance of a nonconforming use in or on a building or premises within a district. Such a use permit may only be granted to obviate or eliminate gross inequities which the Planning Commission finds would exist should the permit be denied. Any such permit shall be revocable by the City Council for good cause, and the City Council shall be the sole judge as to what shall constitute good cause. Such a permit may be limited in duration as to time or ownership of the premises involved; and shall be subject to compliance with such conditions in connection therewith as are deemed necessary by the Planning Commission to secure the purposes of this title. (Zoning Ord. § 55-5).

18.110.060 Decision.

The Planning Commission shall render its decision within thirty-five (35) days following the close of the public hearing. Failure of the Planning Commission to render its decision within said period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this section, is hereby declared to be an administrative function imposed upon the Planning Commission and the action of the Planning Commission shall be final except in the event of an appeal. (Zoning Ord. § 55-6).

18.110.070 Appeals.

(a) In case the applicant or others affected are not satisfied with the action of the Planning Commission, they may, within seven calendar days after rendition of the decision by the Planning Commission, and pursuant to subsection (b) immediately hereinbelow, appeal to the City Council. In addition, the City Council (on its own motion made within seven days of the Planning Commission decision, or at its first regular meeting upon receipt of formal notice of the decision and action of the Planning Commission, whichever is later) may consider the action of the Planning Commission the same as if an appeal had been taken.

(b) Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk and by the payment of an appeal fee as set forth by resolution of the City Council. At its regular meeting held at least three days after the filing of a notice of appeal, the City Council shall set a date for the hearing of the appeal, and notice of said hearing date shall be given to the applicant and to the Planning Commission. Notice shall also be posted as provided in SCCC 18.112.060. The secretary of the Planning Commission shall transmit to the City Council all maps, records, papers, and files which constitute the record in the action from which the appeal was taken.

(c) The City Council shall render its decision within forty-five (45) days after the conclusion of said hearing. The City Council, in its discretion, may reverse, affirm, or modify the action of the Planning Commission or it may remand said matter to the Planning Commission for further study or action. Failure of the Council to render its decision within said period shall be deemed to be an affirmance of the action of the Planning Commission. (Zoning Ord. § 55-7).

18.110.080 Building permits.

No building permit or business license shall be issued in any case where a use permit is required by the terms of this title until after the granting of such use permit by the Planning Commission and the period allowed for appeal has elapsed. In the event of an appeal, no such permit or license shall be granted until the matter has been finally acted upon by the City Council and said use permit has been finally approved by the City Council. Building permits or business licenses issued pursuant to this entire section shall conform to the terms and conditions of the use permit granted. (Zoning Ord. § 55-8).

18.110.090 Time extensions.

(a) Any use permit approval granted in accordance with the terms of this title shall be automatically revoked and terminated if not used within two years of the original grant, or within the period of any authorized extensions thereof.

(b) The Planning Commission may, at any time within the first twenty-four (24) months following the original approval, authorize extensions of time on any unused use permit without the need for any public hearing thereon, for period(s) not to exceed a total of twenty-four (24) consecutive months next following the original two years, when the applicant has satisfied the Planning Commission that good cause exists for the extension.

(c) For the purpose of extending the time on any approval, the application shall be deemed timely made if the applicant has filed a request for an extension before the expiration of the particular approval sought to be extended.

(d) The action of the Planning Commission shall be final except in the event of an appeal to or by the City Council as provided in SCCC 18.108.060. (Zoning Ord. § 55-9).

18.110.100 Revocation.

Any use permit granted in accordance with the terms of this title may be revoked if basis for approval is found to be invalid or if any of the conditions of such permit are violated, or if any law or ordinance is violated in connection therewith, or if the Planning Commission finds, with the concurrence of the City Council, that the continuance of the use permit will endanger the public health, safety or welfare.

The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing and shall submit its recommendations to the City Council. The City Council shall act within forty-five (45) days after receipt of the recommendations of the Planning Commission. (Zoning Ord. § 55-10).