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Brisbane City Zoning Code

CHAPTER 17

40 - USE PERMITS

17.40.010 - Purpose.

The purpose of the use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed or arranged on the site in a particular manner.

(Ord. 298 § 10.1(part), 1984).

17.40.020 - Conditions of issuance.

Use permits may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this title upon conditions designated by the planning commission.

(Ord. 298 § 10.1(part), 1984).

17.40.030 - Application—Form—Fees and plans.

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use. For covered projects as defined by Section 15.80.030, green building documentation per Section 15.80.060(A) sufficient to be approved per Section 15.80.060(C) shall also be submitted, together with payment of such additional fee as may be charged by the city for the cost of reviewing the green building documentation.

(Ord. 524 § 3, 2007: Ord. 298 § 10.3(part), 1984).

17.40.040 - Public hearing by planning commission—Notice.

The planning commission shall conduct a public hearing on the application for a use permit. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 417 § 4, 1997: Ord. 298 § 10.2(part), 1984).

(Ord. No. 612, § 18, 12-8-16)

17.40.050 - Action on application.

The planning commission shall act as the approving authority for all use permit applications. The planning commission may grant the use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission is able to make all of the findings prescribed in Section 17.40.060 of this chapter.

(Ord. 417 § 5, 1997: Ord. 298 § 10.1(part), 1984).

17.40.060 - Granting.

A.

In considering an application, the planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question.

B.

The planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.

C.

A use permit shall be effective the seventh day after planning commission approval unless the action is appealed to the city council, in which case the permit shall not be effective until a final decision on the appeal has been made by the city council.

(Ord. 417 § 6, 1997: Ord. 298 § 10.4, 1984).

17.40.070 - Conditions imposed.

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees such as cash or surety bonds or evidence that such conditions are being or will be complied with.

(Ord. 417 § 7, 1997: Ord. 298 § 10.1(part), 1984).