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Bradbury City Zoning Code

PART II

ADMINISTRATION

Sec. 9.04.010. - Purpose.

The administration part of the development code is established:

(1)

To identify each reviewing and approval authority in the City, their powers and duties and related information;

(2)

To identify clearly all steps necessary to obtain requisite City approvals relating to land uses and regulations set forth in the development code;

(3)

To establish procedures for filing applications for necessary permits and other approvals;

(4)

To set forth an appeal process.

(Ord. No. 297, § 9.02.010.010, 3-20-2007)

Sec. 9.04.020. - Responsibility for administration.

It shall be the duty of the City Manager to enforce the provisions of this title.

(Ord. No. 297, § 9.02.010.020, 3-20-2007)

Sec. 9.04.030. - City Council.

The City Council is established through the incorporation of the City and it has the authority to hear and decide:

(1)

Applications for zone changes and development code amendments;

(2)

Applications for tentative tract maps and parcel maps;

(3)

Applications for General Plan amendments;

(4)

Applications for specific plans and specific plan amendments;

(5)

Environmental documents, including environmental impact reports, negative declarations and mitigated negative declarations related to the above-listed applications;

(6)

Review and final authority on all appeals of Planning Commission actions.

(Ord. No. 297, § 9.02.010.030, 3-20-2007)

Sec. 9.04.040. - Planning Commission.

The Planning Commission is established through the provisions of this Code and it has the authority to:

(1)

Perform the duties and activities set forth in the State planning laws as further specified herein;

(2)

Review and decide applications for significant architectural review, neighborhood compatibility, variances, conditional use permits, lot line adjustments, and associated environmental documents;

(3)

Review and recommend to the City Council, approval, conditional approval or denial of applications for tentative tract maps, parcel maps, General Plan amendments, specific plans and specific plan amendments, zone changes, development code amendments, and associated environmental documents;

(4)

Review and decide decisions and appeals of decisions made by the City Planner and City Manager where so specified;

(5)

Adopt rules as necessary to conduct its affairs and in keeping with the provisions of this title. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed in the Office of the City Clerk.

(Ord. No. 297, § 9.02.010.040, 3-20-2007)

Sec. 9.04.050. - City Planner.

The City Planner shall be the City Manager's designee to provide staff assistance to the Planning Commission. The City Planner shall have the authority granted to municipalities by the State Planning Act. The City Planner shall have the authority to:

(1)

Review and make recommendations to the Planning Commission and City Council on all planning applications, or other planning issues, or other issues as may be directed by the City Manager;

(2)

Review and report to the applicant on all conceptual plan applications concerning development proposals located within the City;

(3)

Review and approve or conditionally approve minor architectural review applications;

(4)

Review and make recommendations to the Planning Commission and City Council on all environmental documents.

(Ord. No. 297, § 9.02.010.050, 3-20-2007)

Sec. 9.07.010. - Purpose.

This chapter provides requirements for the implementation or "exercising" of permits or entitlements specified by this development code, including time limits and procedures for granting extensions of time.

(Ord. No. 297, § 9.02.020.010, 3-20-2007)

Sec. 9.07.020. - Effective date of decisions.

Absent a timely filed appeal as specified in Chapter 16 of this title, decisions regarding permits and entitlements shall be final and conclusive on the tenth day following the date of approval.

(Ord. No. 297, § 9.02.020.020, 3-20-2007)

Sec. 9.07.030. - Applications deemed approved.

A permit or entitlement application deemed approved in compliance with State law (Government Code § 65956) shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before a building permit is issued or a land use, not requiring a building permit, is established.

(Ord. No. 297, § 9.02.020.030, 3-20-2007)

Sec. 9.07.040. - Performance guarantees.

An applicant may be required by conditions of approval to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The City Manager or the Manager's designee shall be responsible for setting the amount of the required security.

(Ord. No. 297, § 9.02.020.040, 3-20-2007)

Sec. 9.07.050. - Time limits and extensions.

(a)

Review and report to the applicant on all conceptual plan applications concerning development proposals located within the City. To ensure continued compliance with the provisions of this chapter, each approved permit or entitlement shall be exercised within 18 months from the date of approval, unless otherwise specified in the permit or entitlement. Time extensions may be granted by the Review Authority as set forth in Subsection (c) of this section. If a permit or entitlement has not been exercised within the established time frame, or any extension thereof, the approval shall be deemed void. If litigation is filed prior to the exercise of such rights attacking the validity of such permit or entitlement, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.

(b)

Permit implementation; exercising the permit or entitlement; exercised, defined. An approved permit or entitlement shall be exercised before its expiration if the applicant has:

(1)

Obtained a building permit and continuous on-site construction activity, including pouring of foundations, installation of utilities, or other similar substantial improvements, has commenced;

(2)

Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the City Manager;

(3)

Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

(c)

Extensions of time.

(1)

An application for an extension of time shall be filed by the applicant with the City at least 30 days before the expiration of the subject permit or entitlement.

(2)

The applicant shall present substantial evidence that the applicant has made a good faith effort to establish the permit or entitlement.

(3)

If the Review Authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit or entitlement, the Review Authority may grant an extension of the time period not to exceed one year.

(d)

Hearing on expiration/extension. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice in the same manner.

(Ord. No. 297, § 9.02.020.050, 3-20-2007; Ord. No. 375, § 3, 5-18-2021)

Sec. 9.10.010. - Purpose.

The following regulations shall apply to all nonconforming uses, buildings or structures, located within any zone in the City. This chapter only applies to legal nonconforming uses.

(Ord. No. 297, § 9.02.030.010, 3-20-2007)

Sec. 9.10.020. - Restrictions on nonconforming uses.

So long as a nonconforming use, building or structure exists upon any lot, no new use, building or structure may be established or constructed thereon, except as hereinafter expressly provided.

(Ord. No. 297, § 9.02.030.020, 3-20-2007)

Sec. 9.10.030. - Restrictions on nonconforming structures.

(a)

Continuation of nonconforming uses, buildings and structures. Each and every nonconforming use, building or structure may be continually utilized and maintained, subject to the provisions of this chapter and for the time period set forth in this chapter, provided that no alteration, addition or enlargement as to any such use, building or structure shall be permitted, except as otherwise expressly provided herein.

(b)

Repair and maintenance.

(1)

Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not exceed, in any calendar year, an aggregate total of 50 percent of the then assessed value of the building or structure.

(2)

Eminent domain. The repair, reconstruction or remodeling of any building or structure shall be permitted where part of such building or structure is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain. Such reconstruction, alteration or repair shall be limited to that necessary to render the said building or structure reasonably safe for continued use.

(3)

Conforming buildings. This section shall not be construed to place any limitation upon any reconstruction, repair or remodeling deemed appropriate by the property owner where the building or structure is conforming, but the use thereof is not.

(4)

Partial destruction. Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, Act of God, or any other casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty, provided that:

a.

The aggregate total reconstruction cost does not exceed a sum equal to twice the then assessed value of the building or structure;

b.

All such construction and/or repair work shall be completed within a period of one year from and after the date of the occurrence of the casualty.

(5)

Assessed value. For the purpose of this section, the term "assessed value" means the then assessed value of the building or structure as shown on the current assessment role in effect at the time of the occurrence of such casualty, or, the time of the maintenance and repair.

(c)

Permitted alterations and/or additions to nonconforming buildings and structures. Nothing in this chapter shall be deemed to prevent the extension, expansion, construction, reconstruction or enlargement (hereinafter "work") as to a nonconforming building or structure under any of the following conditions:

(1)

Elimination of nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions hereof;

(2)

Compliance with laws. Such work shall be permitted in order to comply with any law enacted subsequent to the adoption of the provisions of this chapter, other than development code regulations;

(3)

Nonconformity; parking facilities, residential uses. Such work shall be permitted as to any residential use which is nonconforming solely by reason of a lack of off-street parking facilities, without complying with the off-street parking requirements hereof if such work does not result in additional units being constructed upon the lot. If such work does not result in the addition of residential units, then compliance shall be had with the off-street parking requirements of this title for all such units located upon such lot, including new or additional units; or

(4)

Reconstruction. Such work shall be permitted to replace a nonconforming building or structure in its entirety, or in part at a cost that exceeds 50 percent of its then assessed value, provided that the new building or structure does not change or intensify the previous use.

(d)

Effect of work.

(1)

Accomplishment of any work permitted pursuant to Subsection (c) of this section, or repair or maintenance, permitted pursuant to Subsection (b) of this section, shall not be construed so as to extend the termination date of the nonconforming use, building or structure to which the same relates.

(2)

Prior to the issuance of a building permit, the owner of the property shall submit a statement, in writing, to the City declaring that the accomplishment of any permitted work pursuant to Subsection (b) or (c) of this section shall not extend the termination date of the nonconforming use, building or structure to which the same relates, so that the new building or structure shall have the same termination date as the building or structure that was replaced.

(e)

Exemption and exceptions.

(1)

Buildings or structures under construction. Any building or structure for which a valid lawful building permit has been issued, and is in force prior to the operative date of these regulations, or any amendment hereto, which enactment has the effect of rendering said building or structure nonconforming, may be completed and utilized provided that the same is completed in accordance with the plans and specifications based upon which such building permit was issued.

(2)

Public utilities exempt. The foregoing provisions of this chapter concerning the required removal of nonconforming buildings and structures partially destroyed shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution of a utility, such as steam electric generating stations, electric distribution and transmission substations, communications equipment buildings, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and facilities, as are used directly for the delivery of or distribution of the service, provided that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses, as to those not immediately related to the direct service to consumers, such as warehouses, storage yards and the like.

(3)

Public acquisition. Whenever any lot, building or structure or portion thereof is rendered nonconforming, within the meaning hereof, solely by reason of dedication to, or purchase by, a public agency for any public purpose or eminent domain proceedings, the same shall not be deemed nonconforming within the meaning of this chapter, provided that if, subsequent to such acquisition, the buildings and/or structures located upon such lot are wholly destroyed, no reconstruction shall take place unless compliance is had with all of the provisions thereof.

(Ord. No. 297, § 9.02.030.030, 3-20-2007)

Sec. 9.10.040. - Loss of nonconforming status.

Nonconforming uses, buildings or structures shall be subject to abatement and termination of usage, in the manner hereafter described in this section.

(1)

Termination; violation of law; change of use. Whenever any of the following facts are found by the City Council to exist with reference to a nonconforming use, building or structure, the same shall automatically be deemed abated and usage thereof shall forthwith be terminated, except as otherwise herein expressly provided:

a.

Violation of any applicable law;

b.

A change from a nonconforming use to another nonconforming use;

c.

An increase or enlargement of the area, space or volume of the building, structure or land occupied by, or devoted to a nonconforming use, except as otherwise herein provided;

d.

A change from a nonconforming use to a conforming use; or

e.

Abandonment of a nonconforming use. Whenever such use has been discontinued for any reason whatsoever for a period of six months or more, there shall arise a rebuttable presumption that there has been an intent by the owner to abandon such use.

(2)

Termination by operation of law. Nonconforming buildings, uses and structures shall be abated and such usage thereof shall be terminated upon the expiration of the periods of time indicated hereinafter in this subsection. Said periods of time shall be deemed to commence to run as of the date that such use, building or structure first became nonconforming by reason of the application thereto of the development code of the City:

a.

Where the property is unimproved, except for structures of a type for which the City's building regulations do not require a permit, one year;

b.

Where the property is unimproved except for buildings or structures which contain less than 500 square feet of gross floor area, three years;

c.

Where the total assessed valuation of all improvements on the property at the time the improvement or use first became nonconforming by reason of the application of this development code is $500.00 or less, three years;

d.

Signs:

1.

Billboards or outdoor advertising structures, ten years after date of construction, or five years after becoming nonconforming, whichever is later;

2.

Portable signs, banners, cloth signs and paper signs, 90 days;

3.

Painted wall and window signs, six months;

4.

All other signs, ten years after date of construction or five years after becoming nonconforming, whichever is later;

e.

A nonconforming use of a conforming building or structure, five years; and

f.

Nonconforming buildings and structures shall be abated, and the usage thereof terminated, within the periods of time as herein set forth, based on the building type as defined in the building regulations of the City, as follows:

1.

Type I and II buildings: 25 years;

2.

Type III buildings: 20 years;

3.

Type IV buildings: ten years;

4.

Type V buildings: 15 years.

(3)

Order of abatement. Where any one of these facts set forth in Subsection (1) of this section are found to exist by the City Manager, or where the City Manager finds that the abatement period, as to a building, structure or use, as set forth in Subsection (2) of this section, has expired, the City Manager shall give a written order of abatement to the owner and to the person in possession of the property, if any. For the purposes of this chapter, an owner means any person with a legal or equitable interest in and to real property, except for the purposes of Subsection (2)d.2 and 3 of this section only, when notification of the owner, as shown on the last equalized assessment rolls, and the occupant of the building shall be deemed to be adequate notice. Said order shall be deemed final and conclusive, and shall be complied with, within 30 days after the mailing thereof, in the absence of an appeal, as hereinafter provided.

(4)

Appeals. An appeal may be filed with the City Clerk within 30 days after the mailing of such order by the City Manager. Any person who is the owner, or has possession of the property to which such order relates, may file an appeal. Upon receipt of an appeal, the City Council shall conduct a hearing thereon at a public meeting; notice thereof shall be mailed at least ten days before the hearing to the appellant and the owner of the property and any persons in possession of the property. At the time and place set for the hearing, the City Council shall give the appellant a reasonable opportunity to be heard; the City Council may consider any applicable staff report in order to determine the question of whether the said use, building or structure has lost its nonconforming status pursuant to the provisions hereof. The City Council's decision shall be final and conclusive.

(Ord. No. 297, § 9.02.030.040, 3-20-2007; Ord. No. 375, § 4, 5-18-2021)

Sec. 9.10.050. - Exception; conditional use permits.

Notwithstanding the provisions of this Code, none of the uses set forth in Chapter 49 for which a conditional use permit is required which were lawfully in existence as of the effective date of these regulations, shall be deemed "nonconforming" solely by reason of the application of Chapter 49 et seq., thereto, provided that:

(1)

If the buildings or structures utilized by any such use are, at any time, partially destroyed, within the meaning of Section 9.10.030(b)(4); or

(2)

If there is any enlargement or expansion of such buildings, structures or uses, not otherwise permitted by Section 9.10.030(c);

Then such uses shall either be processed and granted as a conditional use permit hereof or be terminated.

(Ord. No. 297, § 9.02.030.050, 3-20-2007)

Sec. 9.10.060. - Repair of damaged or partially destroyed nonconforming buildings or structures on nonconforming lots.

A nonconforming building or structure or a building or structure on a nonconforming lot that is accidentally damaged or destroyed, such as by fire, earthquake or other calamity, including any building or structure containing a nonconforming use prior to the occurrence of such damage or destruction, may be reconstructed, provided that each of the following are satisfied:

(1)

Such reconstruction shall comply with and is permitted by the building code;

(2)

All such reconstruction shall be started within two years from the date of damage and shall be pursued diligently to completion;

(3)

Reconstruction shall not extend the termination date for nonconforming uses specified in this title and shall not increase or intensify the degree of nonconformity of the use; and

(4)

The footprint and building envelope of the new building or structure shall be the same as that of the former building or structure which is being replaced. However, if the proposed structure or building exceeds or deviates from the footprint or envelope of the original structure, the building or structure shall be subject to all applicable requirements and discretionary approvals set forth in this Code.

(Ord. No. 297, § 9.02.030.060, 3-20-2007)

Sec. 9.13.010. - Purpose and authority.

The purpose of this chapter is to set forth the procedure for the initiating amendments to the General Plan, the Development Code, or the zoning map. Pursuant to the State planning laws, the City has the authority to classify specific properties and to amend such classifications and the regulations governing such property whenever the public interest, convenience and necessity so require.

(Ord. No. 297, § 9.02.040.010, 3-20-2007)

Sec. 9.13.020. - Initiation of amendments.

Amendments to the General Plan, zoning map or changes to this title may be initiated in any of the following ways:

(1)

By motion of the City Council;

(2)

By Council action initiated pursuant to Government Code § 65858;

(3)

By motion of the Planning Commission;

(4)

By City staff;

(5)

By any public agency having the power of eminent domain; or

(6)

By the owner, or person in legal possession of any real property located within the City. When the request is initiated by such person:

a.

The City Manager, or the Manager's designee, shall prepare a suitable application form, entitled "Initiation of Amendment," and shall assist any applicant in preparing the application form;

b.

Any such application shall be accepted for filing by the City Clerk only upon the payment by the applicant of a filing and processing fee as determined by the City Council; and

c.

Any applicant may, in writing, withdraw the applicant's request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. No. 297, § 9.02.040.020, 3-20-2007)

Sec. 9.13.030. - Staff report.

The City Planner shall prepare a staff report for all amendments.

Sec. 9.13.040. - Notice and hearing.

(a)

The Planning Commission and City Council shall conduct public hearings and provide notice in accordance with the provisions set forth in Chapter 31 and any State law applicable to such proceedings, including notice to other agencies.

(b)

Notice of the time and place of all public hearings before the Planning Commission or City Council shall be given as set forth in Chapter 31. If the amendment is other than the land use designation or zoning of a specific property, the mailed notice shall be given to all property owners in the City who will be impacted by such amendment.

(Ord. No. 297, § 9.02.040.030, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)

Sec. 9.13.050. - Planning Commission action on amendments.

After conducting a public hearing on any proposed amendment, the Planning Commission shall take one of the following courses of action:

(1)

Recommend to the City Council that the requested amendment or change be granted in whole, or in part; or

(2)

Recommend to the City Council that the requested amendment or change be denied in whole, or in part.

The Commission's recommendation shall be by resolution which shall contain the reasoning upon which the recommendation was based. A recommendation on a General Plan amendment must be adopted by a majority of the total membership of the Planning Commission. A recommendation on a zone change or Development Code amendment must be made by a majority of the quorum and must also contain a statement as to the relationship of the proposed amendment to applicable general and specific plans. The City Clerk shall maintain the Commission's records and files relating to such matter.

(Ord. No. 297, § 9.02.040.040, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)

Sec. 9.13.060. - Council action on amendments.

(a)

Upon receipt by the City Clerk of the Planning Commission's recommendation, the City Council shall conduct a public hearing on the proposed amendment.

(b)

If the decision of the City Council involves a substantial modification of the decision of the Planning Commission which was not previously considered by the Commission during its public hearing, the matter shall be referred back to the Commission for its recommendation before any final action is taken. The failure of the Planning Commission to report back within 45 days shall be deemed a recommendation of approval.

(c)

The City Council must approve an amendment to the General Plan by a vote of a majority of the total membership of the City Council. A zone change or Development Code amendment may be made by a majority of the quorum.

(d)

The adoption of any amendment is entirely at the discretion of the City Council. The Council shall not adopt any amendment unless it finds that the proposed amendment and any related development proposal is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(e)

General Plan amendments shall be adopted by resolution. Development Code amendments and amendments to the zoning map shall be by ordinance.

(Ord. No. 297, § 9.02.040.050, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)

Sec. 9.16.010. - General.

The following procedures shall apply for all appeals in this title, unless another procedure specifically applies:

(1)

Unless otherwise specified, this chapter provides the procedures for the processing of an appeal of any decision rendered by the City Manager, City Planner or Planning Commission under this title.

(2)

Decisions of the City Manager, City Planner or City Engineer may be appealed to the Planning Commission.

(3)

Decisions of the Planning Commission may be appealed to the City Council.

(4)

Decisions of the City Council are final and conclusive and there is no further right to appeal in the City.

(5)

A timely filed appeal shall render the decision being appealed from of no further force or effect.

(6)

For purposes of this chapter, the term "appellate body" means the Planning Commission or City Council, depending upon which body is hearing the appeal.

(Ord. No. 297, § 9.02.050.010, 3-20-2007)

Sec. 9.16.020. - Who may appeal.

An appeal may be made by any person, partnership, corporation, public entity, other legal entity, or the applicant, who is aggrieved by the decision being appealed from.

Sec. 9.16.030. - Appeal procedure.

(a)

Appeal period. Unless otherwise specified, all appeals shall be filed within ten days after the final action of the decision being appealed from. The date of the notice of the written decision shall be the final action. Absent a timely appeal, the decision shall become final.

(b)

Form. All appeals shall be filed with the City Clerk.

(c)

Fee. The appeal shall be accompanied by a fee in an amount established by the City Council for the purpose of defraying the costs of the proceeding.

(d)

Hearings; notice.

(1)

The City Clerk shall set a date, time and place for a public hearing. Written notice shall be given at least ten days before the hearing to the applicant and any appellant if other than the applicant.

(2)

The public hearing shall be commenced before the appellate body within 45 days after the filing of the appeal.

(3)

If a noticed public hearing was required for the decision being appealed, then notice of the public hearing before the appellate body shall be given in the same manner.

(4)

No appeal may be withdrawn except by the appealing party, with the consent of the applicant and the City Council; no refund of the filing fee shall be permitted in case of withdrawal.

(e)

Tie vote. A tie vote before the appellate body shall be considered a denial of the appeal, or no action on a call for review, and the decision of the being appealed shall stand.

(Ord. No. 375, § 6, 5-18-2021)

Sec. 9.16.040. - Call for review.

(a)

As an additional safeguard to avoid results inconsistent with the purposes of this title, any order, requirement, decision, determination, interpretation or ruling of the Planning Commission may be called up for Council review upon written request by one member of the Council within the time specified for an appeal or orally by any Councilmember at a Council meeting.

(b)

No filing fee shall be required of a Councilmember who calls for review of an action of the Planning Commission.

(c)

A call for review shall be processed in the same manner as an appeal.

Sec. 9.16.050. - Appellate body review.

(a)

The review of the appellate body shall be de novo. After the public hearing, the appellate body shall approve, conditionally approve or deny the same.

(b)

In making its determination, the appellate body shall follow the applicable standards pertaining to the permit or entitlement being sought.

(c)

The determination of the appellate body shall be by resolution and shall set forth the facts supporting the decision.

(d)

A copy of the resolution shall be mailed to the applicant, the appellant and any other person requesting the same within five days following the date of adoption.

(Ord. No. 297, § 9.02.050.030, 3-20-2007)

Sec. 9.16.060. - No re-application for 90 days.

After a final decision has been rendered by the City Manager, City Planner, Planning Commission, or City Council, no application for substantially the same relief shall be accepted for a period of 90 days following the date of such decision.

(Ord. No. 297, § 9.02.050.040, 3-20-2007)

Sec. 9.19.010. - Purpose.

This chapter provides procedures for securing revocation or modification of previously approved variances or conditional use permits.

(Ord. No. 297, § 9.02.060.010, 3-20-2007)

Sec. 9.19.020. - Revocation of variances and conditional use permits.

Upon recommendation by the City Manager, the body which granted a variance or conditional use permit shall conduct a noticed public hearing, in the manner as required for the granting of the same, to determine whether such variance or conditional use permit should be revoked. This revocation procedure shall apply to permits or variances granted prior to as well as after the adoption of these regulations. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

(1)

That the variance or permit was obtained by fraud;

(2)

That the use for which such approval was granted has ceased to exist; or has been voluntarily discontinued for a period of six months or more;

(3)

That the permit or variance granted is being, or has been, exercised contrary to any conditions imposed upon such permit or variance, or in violation of any law; or

(4)

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

If the revocation hearing is conducted by the Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.020, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)

Sec. 9.19.030. - Modification of variances and conditional use permits.

Any condition imposed upon the granting of a variance or conditional use permit, including such granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a noticed public hearing thereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable operation under the variance or conditional use permit as granted. If the modification hearing is conducted by the Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.030, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)

Sec. 9.22.010. - Purpose.

This chapter provides procedures which are intended to ensure compliance with the requirements of this development code and the conditions of land use permit approval.

(Ord. No. 297, § 9.02.070.010, 3-20-2007)

Sec. 9.22.020. - Violations.

(a)

Nuisance abatement. Any building or structure constructed, erected, altered, moved or maintained contrary to the provisions of this title, any property used contrary to the provisions of this title, any failure to comply with any condition attached to the granting of any permit, variance, conditional use or any other permit provided for in this title and the use of property inconsistent with or in violation of any provision of this title shall be, and the same is declared to be, unlawful and a public nuisance and a misdemeanor.

(b)

Separate offenses. Each person violating the provision of this title shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this Code.

(Ord. No. 297, § 9.02.070.030, 3-20-2007)

Sec. 9.22.030. - Remedies are cumulative.

All remedies contained in this title for the handling of violations or enforcement of the provisions of this title shall be cumulative and not exclusive of any other applicable provision of City, County, State or Federal law.

(Ord. No. 297, § 9.02.070.040, 3-20-2007)