The purpose of the use permit determination is to allow the proper integration of uses into a TPA without an adopted specific plan, which may be suitable only in specific locations, or only if such uses are designed or arranged on the site in a particular manner. The intent is to permit and control uses which have the potential to be socially, economically, or environmentally incompatible with a surrounding area.

Application for a use permit determination shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors. Plans showing the details of the proposed use shall also be submitted and shall include at a minimum the information specified by section 17.08.150.

A public hearing is accordance with the provisions of Chapter 17.132 of this title, will be required on any application for a use permit determination prior to action being taken by the planning commission. However, notice shall only be given to property owners owning land contiguous to the proposed use. Notice shall also be posted on the affected property not less than fourteen (14) days prior to the public hearing and shall state the nature of the proposed use and the date and location of the public hearing.

In considering an application, the planning commission shall give due regard to the nature and condition of adjacent properties, uses, and structures, and to the area affected by the proposed use.

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 objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibrations, involving explosives or dangerous materials, or which might constitute a public or private nuisance.

If the planning commission finds, based upon factual evidence adduced at the hearing that the aforementioned conditions will not be objectionable and will not create a private or public nuisance based upon the above criteria, it shall grant approval.

If the planning commission is unable to make the required findings, the proposed use shall be subject to the provisions of the conditional use permit process specified in Chapter 17.112 of this title.