This article establishes procedures and requirements for the preparation, filing, and initial processing of permit applications required by the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

Table 24-189-1 (Review and Decision-Making Authority) identifies the roles of each decision-making authority on each type of permit and approval required by the Zoning Ordinance.

Notes:

[1]

"Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority shall consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Article VI, Division 3 (Appeals and Calls for Review).

[2]

The Zoning Administrator may refer to the Planning Commission for review and final decision any action which the Zoning Administrator believes warrants the scrutiny and discretion of the Planning Commission.

(Ord. No. 4062, § 1, 9-10-13)

A.

Pre-Application Conference.

1.

The County encourages prospective applicants to request a pre-application conference with the Department of Development Services before completing and filing a permit application.

2.

The purpose of a pre-application conference is to:

a.

Inform the applicant of County requirements as they apply to the proposed project;

b.

Review the County's review process, possible project alternatives, or modifications; and

c.

Identify information and materials the County will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

3.

Information and materials provided by County staff to the applicant at the pre-application conference shall not be construed as a recommendation for either approval or denial of the proposed project.

4.

Failure by County staff to identify at a pre-application conference all studies or application requirements shall not constitute a waiver of those studies or requirements.

B.

Application Contents.

1.

All applications for a permit required by the Zoning Ordinance shall be filed with the Department of Development Services on an official County application form.

2.

The application shall be filed with all required fees, deposits, information, and materials as specified by the Department of Development Services.

3.

The County encourages applicants to contact the Department of Development Services before submitting an application to verify which materials are necessary for application filing.

C.

Eligibility for Filing.

1.

An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.

2.

The application shall be signed by the owner of the subject property or a lessee or authorized agent of the owner if written authorization from the owner is filed concurrently with the application.

D.

Rejection of Application. If the Zoning Administrator determines that an application requests permission for an action not allowed in the applicable zone or that cannot lawfully be approved by the County, the Zoning Administrator shall not accept the application for processing.

E.

Multiple Applications. If more than one (1) permit application is submitted for a single proposed project, the entire proposal shall be acted upon by the highest applicable review authority. For example, if a proposal involves both a Minor Variance and a Conditional Use Permit, the Planning Commission shall act upon both permits.

(Ord. No. 4062, § 1, 9-10-13)

Application fees required for any permit application shall be paid as required by the Butte County Master Fee Schedule.

(Ord. No. 4062, § 1, 9-10-13)

A.

Staff Evaluation. Department of Development Services staff shall review all applications to determine if they comply with all applicable requirements, including the Zoning Ordinance, other applicable provisions of the Butte County Code, the General Plan, applicable specific plan or community plan, and the Butte County Improvement Standards where applied.

B.

Staff Report. Department of Development Services staff shall provide a written recommendation to the Planning Commission or Board of Supervisors (as applicable) as to whether the application should be approved, approved with conditions, or denied.

C.

Report Distribution. Each staff report shall be furnished to the applicant at the same time it is provided to the review authority before action on the application.

D.

Exceptions to Butte County Improvement Standards. The review authority may consider exceptions to the Butte County Improvement Standards, where such standards are applied under this chapter. The exception may accompany the application, or be submitted no more than ten (10) days after receiving notice from the County of the required improvement. The exception to Butte County Improvement Standards shall state fully the grounds and facts relied upon to support the exception. The review authority must find that all of the following facts apply with respect to the request for exception:

1.

That there are special circumstances pertaining to conditions, topography, size, shape or location of existing development affecting the property,

2.

That the granting of the exception to the Butte County Improvement Standards will not be detrimental to the public welfare or injurious to other property located within the surrounding zoning districts.

(Ord. No. 4062, § 1, 9-10-13)

A.

CEQA Review. After acceptance of a complete application, Department of Development Services staff shall review the project in compliance with CEQA to determine whether:

1.

The proposed project is not a project as defined by CEQA;

2.

The proposed project is exempt from the requirements of CEQA;

3.

A Negative Declaration may be issued;

4.

A Mitigated Negative Declaration may be issued; or

5.

An Environmental Impact Report (EIR) is required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted Butte County Environmental Review Guidelines.

C.

Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the County's CEQA compliance review.

(Ord. No. 4062, § 1, 9-10-13)

A.

Response Required. If an applicant does not provide information specified in Section 24-190B or the fees specified in Section 24-191 as requested in writing by the Department of Development Services within nine (9) months following the date of the certified letter, the application shall expire upon a hearing by the Zoning Administrator. See Figure 24-195-1 (Applications Deemed Withdrawn).

B.

Refund of Fees. Any remaining fees submitted with the project application shall be returned to the applicant in the event that an application is deemed withdrawn.

C.

Resubmittal. After the expiration of an application, future County consideration shall require the submittal of a new complete application and associated filing fees.

FIGURE 24-195-1 APPLICATIONS DEEMED WITHDRAWN

(Ord. No. 4062, § 1, 9-10-13)

This article identifies the process for obtaining a Zoning Clearance. A Zoning Clearance is a ministerial procedure used by the County to verify that a proposed use or structure complies with the Zoning Ordinance. Zoning Clearances are processed as part of a building permit application and do not require the submittal of a separate permit application. A Zoning Clearance does not determine whether a parcel is a legal parcel pursuant to the State Subdivision Map Act (see Section 20-166 Certificate of Compliance)

(Ord. No. 4062, § 1, 9-10-13)

A Zoning Clearance is required prior to the issuance of any building or grading permit.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator shall take action on all Zoning Clearances.

(Ord. No. 4062, § 1, 9-10-13)

A.

An applicant requesting approval of a building or grading permit is not required to submit a separate application for a Zoning Clearance. However, any person eligible for filing a permit application as specified by Section 24-190 (Application Preparation and Filing) may voluntarily submit a zoning clearance request to the Department of Development Services.

B.

Department of Development Services staff shall review building or grading permit applications, or voluntary Zoning Clearance requests, to verify compliance with the Zoning Ordinance. If the project complies with the Zoning Ordinance, the Zoning Administrator shall approve the Zoning Clearance. Department of Development Services staff shall attach a record of the approved Zoning Clearance to the approved building or grading permit application.

(Ord. No. 4062, § 1, 9-10-13)

No public notice or hearing is required for a Zoning Clearance.

(Ord. No. 4062, § 1, 9-10-13)

No conditions of approval shall be attached to the approval of a Zoning Clearance. Conditions from previous land use entitlements would still apply regardless of Zoning Clearance.

(Ord. No. 4062, § 1, 9-10-13)

This article identifies the process for obtaining an Administrative Permit. An Administrative Permit is required for uses permitted as-of-right yet subject to specific Zoning Ordinance standards. An Administrative Permit is a ministerial procedure for the County to verify that a proposed use complies with all applicable standards. An Administrative Permit also enables the County to ensure that the applicant understands and accepts these standards. See Figure 24-202-1 (Typical Process for Administrative Permit Approval).

FIGURE 24-202-1 TYPICAL PROCESS FOR ADMINISTRATIVE PERMIT APPROVAL

(Ord. No. 4062, § 1, 9-10-13)

Uses that require an Administrative Permit are specified in the land use regulation tables for each zone found in Article II (Zoning Districts, Land Uses, and Development Standards), and other uses as specified under this chapter.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator shall take action on all Administrative Permit applications.

(Ord. No. 4062, § 1, 9-10-13)

A.

An application for an Administrative Permit shall be filed on an official County form approved by the Zoning Administrator.

B.

The Administrative Permit application form shall contain applicable Zoning Ordinance standards and a place for the applicant's signature acknowledging agreement to comply with these standards.

C.

Department of Development Services staff shall review the application to verify compliance with the Zoning Ordinance. If the proposal complies with the Zoning Ordinance and the applicant agrees to comply with all special standards, the Zoning Administrator shall approve the application.

(Ord. No. 4062, § 1, 9-10-13)

No public notice or hearing is required for an Administrative Permit.

(Ord. No. 4062, § 1, 9-10-13)

No conditions of approval shall be attached to the approval of an Administrative Permit.

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to effective dates, permit expiration, and changed plans apply to Administrative Permits as provided in Article V, Division 8 (Post-Decision Procedures).

(Ord. No. 4062, § 1, 9-10-13)

This article identifies the process for obtaining a Conditional Use or Minor Use Permit. A Conditional Use or Minor Use Permit is required for uses that are generally appropriate within a zone but potentially undesirable on a particular parcel or in large numbers. A Conditional Use or Minor Use Permit is a discretionary action that enables the County to ensure that a proposed use is consistent with all General Plan goals and policies and will not create negative impacts to adjacent properties or the general public. See Figure 24-217-1 (Typical Process for Conditional Use Permit Approval), and Figure 24-217-2 (Typical Process for Minor Use Permit Approval).

FIGURE 24-217-1 TYPICAL PROCESS FOR CONDITIONAL USE PERMIT APPROVAL

FIGURE 24-217-2 TYPICAL PROCESS FOR MINOR USE PERMIT APPROVAL

(Ord. No. 4062, § 1, 9-10-13)

Uses that require a Conditional Use or Minor Use Permit are specified in the land use regulation tables for each zone found in Article II (Zoning Districts, Land Uses, and Development Standards).

(Ord. No. 4062, § 1, 9-10-13)

A.

Conditional Use Permits. The Planning Commission shall take action on all Conditional Use Permit applications.

B.

Minor Use Permits.

1.

The Zoning Administrator shall take action on all Minor Use Permit applications.

2.

The Zoning Administrator may choose to refer any Minor Use Permit application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Conditional Use or Minor Use Permit shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Conditional Use and Minor Use Permit applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-222 (Findings).

(Ord. No. 4062, § 1, 9-10-13)

Public notice and hearing for a Conditional Use or Minor Use Permit application shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The review and decision-making authority may approve an application for a Conditional Use or Minor Use Permit only if the proposed project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards, and as supported by all of the following findings:

A.

The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article III, Division 12 (Nonconforming Uses and Structures).

B.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

C.

The proposed use will not be detrimental to the public health, safety, and welfare of the County.

D.

The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure.

E.

The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property.

(Ord. No. 4062, § 1, 9-10-13)

A.

The review authority may attach conditions to the approval of a Conditional Use or Minor Use Permit as needed to ensure compliance with the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards.

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Conditional Use and Minor Use Permits as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Conditional Use and Minor Use Permits as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The Code Enforcement Officer may inspect any property subject to a Conditional Use or Minor Use Permit on an annual basis to verify compliance with applicable standards and conditions of approval. The County shall be reimbursed by the property owner or operator, as established by the Butte County Master Fee Schedule. Any code enforcement proceedings resulting from this inspection shall be conducted in compliance with Chapter 41 (Code Enforcement Policies and Procedures) and Chapter 32A (Property Maintenance and Abatement of Nuisances) and all other applicable sections of the Butte County Code.

(Ord. No. 4062, § 1, 9-10-13)

This article identifies the process for obtaining a Variance or a Minor Variance. A Variance or Minor Variance is a discretionary permit that allows for deviation from physical development standards contained in the Zoning Ordinance. A Variance or Minor Variance may be granted only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property. See Figure 24-226-1 (Typical Process for Variance Approval), and Figure 24-226-2 (Typical Process for Minor Variance Approval).

FIGURE 24-226-1 TYPICAL PROCESS FOR VARIANCE APPROVAL

FIGURE 24-226-2 TYPICAL PROCESS FOR MINOR VARIANCE APPROVAL

(Ord. No. 4062, § 1, 9-10-13)

A.

Allowable Variances. A Variance or Minor Variance may be granted to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor-area ratio, and off-street parking requirements.

B.

Variances Not Allowed. A Variance or Minor Variance shall not be granted to authorize a land use that is prohibited in the applicable zone or to allow deviation from a requirement of the General Plan.

C.

Variance and Minor Variance Defined.

1.

A Variance is required to approve a deviation from a standard by more than ten (10) percent.

2.

A Minor Variance is required to approve a deviation from a standard by ten (10) percent or less.

(Ord. No. 4062, § 1, 9-10-13)

A.

Variance. The Planning Commission shall take action on all Variance applications.

B.

Minor Variance.

1.

The Zoning Administrator shall take action on all Minor Variance applications.

2.

The Zoning Administrator may choose to refer any Minor Variance application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Variance or Minor Variance shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Variance and Minor Variance applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-231 (Findings).

(Ord. No. 4062, § 1, 9-10-13)

Public notice and hearing for a Variance or Minor Variance application shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The review and decision-making authority may approve an application for a Variance or Minor Variance only if the proposed project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards, and as supported by all of the following findings:

A.

There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property.

B.

The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property.

C.

The Variance or Minor Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property.

D.

The Variance or Minor Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property.

E.

The Variance or Minor Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property.

F.

The Variance or Minor Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone.

G.

The Variance or Minor Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan.

(Ord. No. 4062, § 1, 9-10-13)

The review authority may attach conditions to the approval of a Variance or Minor Variance as needed, except as otherwise being applied for in the Variance or Minor Variance, to ensure compliance with the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the Butte County Improvement Standards.

(Ord. No. 4062, § 1, 9-10-13)

The approval of a Variance or Minor Variance shall not set the precedent for the granting of any future Variance or Minor Variance. Each application shall be considered only on its individual merits.

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Variances and Minor Variances as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Variances and Minor Variances as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

This article establishes a procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing in the application of the Zoning Ordinance and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate ministerial permit processes such as a building permit for the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. See Figure 24-235-1 (Typical Process for Reasonable Accommodation Approval).

FIGURE 24-235-1 TYPICAL PROCESS FOR REASONABLE ACCOMMODATION APPROVAL

(Ord. No. 4062, § 1, 9-10-13)

A.

Eligible Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of the Zoning Ordinance or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

B.

Definition. A "person with a disability" as defined by the Americans with Disabilities Act (ADA) is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C.

Eligible Requests. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities under the Zoning Ordinance that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 4062, § 1, 9-10-13)

A.

The Zoning Administrator shall take action on all Reasonable Accommodation applications.

B.

The Zoning Administrator may choose to refer any Reasonable Accommodation application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Reasonable Accommodation shall be filed and processed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Reasonable Accommodation applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the criteria described in Section 24-239 (Criteria for Decision).

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation based on consideration of all of the following factors:

A.

Whether the housing which is the subject of the request will be used by an individual defined as disabled under the Americans with Disabilities Act;

B.

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Americans with Disabilities Act;

C.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the County;

D.

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a County program or law, including but not limited to land use and zoning;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Other Reasonable Accommodations that may provide an equivalent level of benefit.

(Ord. No. 4062, § 1, 9-10-13)

In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the criteria required by Section 24-239 (Criteria for Decision).

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Reasonable Accommodations as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Reasonable Accommodations as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

This article establishes procedures and requirements that apply following a County decision on permit applications and requested approvals required by the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

A.

Permits and Approvals.

1.

A Zoning Clearance becomes effective immediately upon issuance.

2.

An Administrative Permit, Minor Use Permit, Conditional Use Permit, Variance, Minor Variance, Exception, or Reasonable Accommodation approval becomes effective ten (10) days following approval by the review authority, unless appealed or called up for review (Article VI, Division 3, Appeals and Calls for Review).

B.

Legislative Actions. Board of Supervisors actions to adopt or amend a development agreement or to amend the Zoning Ordinance or General Plan becomes effective thirty (30) days following adoption by the Board of Supervisors.

C.

Issuance. The County may issue permits and other approvals only upon the effective date, provided no appeal of the review authority's decision has been filed in compliance with Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13)

Within fifteen (15) days of approval, the applicant or property owner shall submit to the Department of Development Services a signed copy of any conditions attached to an approved project. If the County does not receive the signed conditions within fifteen (15) days of project approval, a certified letter shall be mailed to the applicant or property owner providing an additional fifteen (15) days to submit the signed copy of any conditions to Development Services. If no action is taken by the applicant after this second notification and additional fifteen (15) day period, the permit shall expire and become void. The Zoning Administrator shall issue a letter of expiration.

(Ord. No. 4062, § 1, 9-10-13)

A.

Security Required. The County may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval authorized by the Zoning Ordinance.

B.

Form of Security. The security shall be in the form of cash, a certified or cashier's check, an irrevocable letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the County.

C.

Amount of Security. The Zoning Administrator shall determine the amount of the security necessary to ensure proper completion of the approved work or compliance with applicable conditions of approval.

D.

Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the Zoning Administrator or until a specified warranty period has elapsed.

E.

Release of Security. The security deposit shall be released upon completion of the approved work or compliance with applicable conditions of approval or the specified warranty period has elapsed.

F.

Failure to Comply.

1.

Upon failure to complete any work or comply with conditions, the County may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

If additional costs in excess of the deposit amount are incurred, it shall be the responsibility of the property owner to bear such additional costs.

3.

Any unused portion of the security shall be refunded to the funding source.

(Ord. No. 4062, § 1, 9-10-13)

An approved project authorized by the Zoning Ordinance shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.

A.

Request for a Change.

1.

An applicant shall request desired changes in writing, and shall also submit appropriate supporting materials and an explanation of the reasons for the request.

2.

Changes may be requested either before or after construction or establishment and operation of the approved use.

3.

Changes shall be approved before implementation of the changes.

B.

Notice and Hearing. If the matter originally required a noticed public hearing, the review authority that originally heard the matter shall hold a public hearing for the requested change, except as allowed by Subsection C (Minor Changes) and shall give notice in compliance with Article VI, Division 2 (Public Notice and Hearings).

C.

Minor Changes. The Zoning Administrator may authorize minor changes to an approved project if the changes comply with all of the following criteria:

1.

The requested changes are consistent with all applicable requirements of the Zoning Ordinance;

2.

The requested changes are consistent with the spirit and intent of the original approval;

3.

The requested changes do not alter a mitigation measure or cause an additional significant impact pursuant to an approved Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

4.

The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project;

5.

The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval; and

6.

The requested changes do not involve any expansion or intensification of the use or structure.

(Ord. No. 4062, § 1, 9-10-13)

A.

Expiration of Permit. A permit or approval not exercised within two (2) years after the date of approval shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time). A permit or approval shall also expire and become void if the permitted use is abandoned for one (1) year. The Zoning Administrator shall issue a letter prior to this determination. For Conditional Use Permits associated with a mining permit the expiration shall be in accordance with Chapter 13, Article II, Surface Mining and Reclamation.

B.

Exercised Defined. A permit or approval shall be considered exercised when:

1.

A building permit is issued and construction has commenced;

2.

A certificate of occupancy is issued; or

3.

The permittee notifies the County in writing when the use is established.

C.

Extension of Time. The Zoning Administrator may approve an extension to a permit or approval in the following manner:

1.

The applicant shall submit to the Department of Development Services a written request for an extension of time no later than ten (10) days before the expiration of the permit or approval.

2.

The Zoning Administrator may extend the permit or approval for an additional one (1) year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.

3.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

4.

The Zoning Administrator may choose to refer any extension of time requests to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

A.

Resubmittals Prohibited Within Twelve (12) Months. For a period of twelve (12) months following the denial or revocation of a discretionary permit or approval, no application for the same or substantially similar use or entitlement for the same site shall be submitted, unless the denial or revocation was made without prejudice, and so stated in the record.

B.

Zoning Administrator's Determination. The Zoning Administrator shall determine whether the new application is for a permit or approval which is the same or substantially similar to the previously denied or revoked permit.

C.

Appeal. The determination of the Zoning Administrator may be appealed to the Planning Commission, in compliance with Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13)

A final Certificate of Occupancy shall not be issued by the Development Services Department until all applicable permits have been approved and all applicable standards and conditions of approval have been met.

(Ord. No. 4062, § 1, 9-10-13)

Permits and approvals issued in compliance with the Zoning Ordinance remain valid upon change of ownership of the site, provided the use has not been abandoned.

(Ord. No. 4062, § 1, 9-10-13)

Any discretionary permit may be revoked, or conditions of approval modified, as provided for in this section.

A.

Review Authority.

1.

A permit may be revoked or modified by the review authority which originally approved the permit or approval.

2.

In instances where the Zoning Administrator was the approval authority, the Zoning Administrator may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.

B.

Public Notice and Hearing. Public notice and hearing for any action to revoke or modify a permit shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

C.

Findings. The review authority may revoke or modify a permit only if one (1) or more of the following findings can be made:

1.

The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one (1) or more of the findings required to grant the original permit can no longer be made.

2.

Permit issuance was based on misrepresentation by the applicant, either through omission or the making of a false material statement in the application, or in public hearing testimony.

3.

One (1) or more conditions of approval have been violated, or have not been complied with or fulfilled.

4.

The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least twelve (12) months.

5.

The applicant or property owner has failed or refused to allow inspections for compliance.

6.

Improvements authorized by the permit are in violation of the Zoning Ordinance or any law, ordinance, regulation, or statute.

7.

The use or structure is being operated or maintained in a manner which constitutes a nuisance.

D.

Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.

(Ord. No. 4062, § 1, 9-10-13)