Permits
The property owner or their authorized agent may apply for a use permit for any use for which a permit is required by the applicable district regulations. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 543 § 8, 1976; Ord. 295 § 220, 1962)
Application for use permit shall be filed with the City on forms provided, together with such other information as may be required by the hearing body and with the required fee. A schedule of applicable fees shall be determined by resolution of the Council. (Ord. 1030 § 2(12), 2018; Ord. 857 § 13, 1993; Ord. 295 § 221, 1962)
Upon receipt of an application, the Planning Commission, or its duly authorized officer or employee, shall:
A. Set the time and place for a public hearing thereon.
B. Cause notice of the hearing to be given by mail at least ten (10) days prior to the date of the hearing to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.
C. Notice of the hearing shall also be made to residents of the area by posting on the subject property and in the general area at visible and accessible locations. (Ord. 1030 § 2(12), 2018; Ord. 543 § 9, 1976; Ord. 295 § 222, 1962)
The Planning Commission or Zoning Administrator shall, at the time set for the hearing, consider the application and shall hear protests against and objections to the requested permit and any and all other evidence which may be presented with respect thereto. (Ord. 1030 § 2(12), 2018; Ord. 857 § 14, 1993; Ord. 295 § 223(A), 1962)
The application shall be considered on the basis of the following findings:
A. The use would be consistent with the intent and purpose stated in the sections of this title which establish the applicable zoning classification.
B. The use would be consistent with the General Plan.
C. The use will not be detrimental to the health, safety, morals, comfort, convenience or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious to property or improvements in the neighborhood.
D. The use will not be detrimental to the general welfare. (Ord. 1030 § 2(12), 2018; Ord. 857 § 15, 1993; Ord. 543 § 9(A), 1976; Ord. 295 § 223(B), 1962)
A. Upon completion of the hearing, the application shall either be approved, conditionally approved, or denied.
B. In approving a use permit, the Planning Commission or Zoning Administrator may impose any condition it may deem necessary to ensure closer compliance with the objectives of this title. However, no condition may require the dedication of land for any purpose not reasonably related to the use of the property for which the use permit is requested, nor the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the use permit is requested.
C. A complete record of each use permit application shall be maintained and shall be forwarded to the Council upon an appeal. The record of the hearing shall expressly set forth the findings of fact and the conclusions which support the decision to approve, conditionally approve, or deny a use permit application. The Planning Commission or Zoning Administrator shall deny a use permit application if it is unable to make the findings of fact or draw the conclusions which satisfy each of the criteria set out in Larkspur Municipal Code Section 18.76.050. (Ord. 1030 § 2(12), 2018; Ord. 857 § 16, 1993; Ord. 543 § 10, 1976; Ord. 295 § 224(A), 1962)
A. Upon approval of the use permit application, the permit will become effective and a building permit may be issued only after the expiration of the appeal time provided for in this title. A use permit will become null and void if it is unused within two (2) years from the effective date of the Planning Commission’s action, or final discretionary approval, or an alternative period specified by the approving body at the time of final discretionary approval. Where the use permit authorizes construction of a new structure or an addition to an existing structure, the failure to secure a building permit and commence construction within the two-year period shall be deemed to be such nonuse.
B. The applicant may apply to the Community Development Director for a one-year extension of time to implement a use permit prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension of time shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount sufficient to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(82), 2007; Ord. 857 § 17, 1993; Ord. 543 § 11 (part), 1976; Ord. 295 § 224(B), 1962)
Any use permit approved by the Planning Commission or Zoning Administrator may be revoked for noncompliance with any of the conditions specified by the Planning Commission in the approval of the use permit. A hearing shall be held before the Planning Commission for consideration of such revocation, and the property owner shall be given notice by mail of the hearing at least ten (10) calendar days prior to the day of the hearing.
Notice of the hearing shall also be posted on the subject property at a visible and accessible location. (Ord. 1030 § 2(12), 2018; Ord. 857 § 18, 1993; Ord. 543 § 11 (part), 1976; Ord. 441 § 1, 1972; Ord. 295 § 225(A), 1962)
Any granted use permit shall apply to the specific use and continue in effect, regardless of ownership, so long as no change is made in the use. In the event that the approved use becomes discontinued for a period of one hundred fifty (150) days or longer during any period of one hundred eighty (180) consecutive days, the use permit shall be automatically revoked. (Ord. 1030 § 2(12), 2018; Ord. 543 § 11 (part), 1976; Ord. 295 § 225(B), 1962)
Following the denial of a use permit application or the revocation of an approved use permit, no further application for the same or substantially the same use permit on the same or substantially the same lot shall be filed within six (6) months of the date of the denial or revocation of the use permit, unless the denial or revocation is made without prejudice. If the denial or revocation is made without prejudice, an application may be resubmitted at any time. (Ord. 1030 § 2(12), 2018; Ord. 809 § 2, 1990; Ord. 543 § 11 (part), 1976; Ord. 457 § 1, 1973; Ord. 295 § 225(C), 1962)
1 Editor’s Note: The provisions of this ordinance shall apply to applications that have been denied within one year of the effective date of this section.
Permits
The property owner or their authorized agent may apply for a use permit for any use for which a permit is required by the applicable district regulations. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 543 § 8, 1976; Ord. 295 § 220, 1962)
Application for use permit shall be filed with the City on forms provided, together with such other information as may be required by the hearing body and with the required fee. A schedule of applicable fees shall be determined by resolution of the Council. (Ord. 1030 § 2(12), 2018; Ord. 857 § 13, 1993; Ord. 295 § 221, 1962)
Upon receipt of an application, the Planning Commission, or its duly authorized officer or employee, shall:
A. Set the time and place for a public hearing thereon.
B. Cause notice of the hearing to be given by mail at least ten (10) days prior to the date of the hearing to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.
C. Notice of the hearing shall also be made to residents of the area by posting on the subject property and in the general area at visible and accessible locations. (Ord. 1030 § 2(12), 2018; Ord. 543 § 9, 1976; Ord. 295 § 222, 1962)
The Planning Commission or Zoning Administrator shall, at the time set for the hearing, consider the application and shall hear protests against and objections to the requested permit and any and all other evidence which may be presented with respect thereto. (Ord. 1030 § 2(12), 2018; Ord. 857 § 14, 1993; Ord. 295 § 223(A), 1962)
The application shall be considered on the basis of the following findings:
A. The use would be consistent with the intent and purpose stated in the sections of this title which establish the applicable zoning classification.
B. The use would be consistent with the General Plan.
C. The use will not be detrimental to the health, safety, morals, comfort, convenience or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious to property or improvements in the neighborhood.
D. The use will not be detrimental to the general welfare. (Ord. 1030 § 2(12), 2018; Ord. 857 § 15, 1993; Ord. 543 § 9(A), 1976; Ord. 295 § 223(B), 1962)
A. Upon completion of the hearing, the application shall either be approved, conditionally approved, or denied.
B. In approving a use permit, the Planning Commission or Zoning Administrator may impose any condition it may deem necessary to ensure closer compliance with the objectives of this title. However, no condition may require the dedication of land for any purpose not reasonably related to the use of the property for which the use permit is requested, nor the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the use permit is requested.
C. A complete record of each use permit application shall be maintained and shall be forwarded to the Council upon an appeal. The record of the hearing shall expressly set forth the findings of fact and the conclusions which support the decision to approve, conditionally approve, or deny a use permit application. The Planning Commission or Zoning Administrator shall deny a use permit application if it is unable to make the findings of fact or draw the conclusions which satisfy each of the criteria set out in Larkspur Municipal Code Section 18.76.050. (Ord. 1030 § 2(12), 2018; Ord. 857 § 16, 1993; Ord. 543 § 10, 1976; Ord. 295 § 224(A), 1962)
A. Upon approval of the use permit application, the permit will become effective and a building permit may be issued only after the expiration of the appeal time provided for in this title. A use permit will become null and void if it is unused within two (2) years from the effective date of the Planning Commission’s action, or final discretionary approval, or an alternative period specified by the approving body at the time of final discretionary approval. Where the use permit authorizes construction of a new structure or an addition to an existing structure, the failure to secure a building permit and commence construction within the two-year period shall be deemed to be such nonuse.
B. The applicant may apply to the Community Development Director for a one-year extension of time to implement a use permit prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension of time shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount sufficient to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(82), 2007; Ord. 857 § 17, 1993; Ord. 543 § 11 (part), 1976; Ord. 295 § 224(B), 1962)
Any use permit approved by the Planning Commission or Zoning Administrator may be revoked for noncompliance with any of the conditions specified by the Planning Commission in the approval of the use permit. A hearing shall be held before the Planning Commission for consideration of such revocation, and the property owner shall be given notice by mail of the hearing at least ten (10) calendar days prior to the day of the hearing.
Notice of the hearing shall also be posted on the subject property at a visible and accessible location. (Ord. 1030 § 2(12), 2018; Ord. 857 § 18, 1993; Ord. 543 § 11 (part), 1976; Ord. 441 § 1, 1972; Ord. 295 § 225(A), 1962)
Any granted use permit shall apply to the specific use and continue in effect, regardless of ownership, so long as no change is made in the use. In the event that the approved use becomes discontinued for a period of one hundred fifty (150) days or longer during any period of one hundred eighty (180) consecutive days, the use permit shall be automatically revoked. (Ord. 1030 § 2(12), 2018; Ord. 543 § 11 (part), 1976; Ord. 295 § 225(B), 1962)
Following the denial of a use permit application or the revocation of an approved use permit, no further application for the same or substantially the same use permit on the same or substantially the same lot shall be filed within six (6) months of the date of the denial or revocation of the use permit, unless the denial or revocation is made without prejudice. If the denial or revocation is made without prejudice, an application may be resubmitted at any time. (Ord. 1030 § 2(12), 2018; Ord. 809 § 2, 1990; Ord. 543 § 11 (part), 1976; Ord. 457 § 1, 1973; Ord. 295 § 225(C), 1962)
1 Editor’s Note: The provisions of this ordinance shall apply to applications that have been denied within one year of the effective date of this section.