A use permit may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and, where necessary, the imposition of special conditions of approval.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

The original jurisdiction shall be exercised over use permits as follows:

(A)

Use Permit. Applications for granting, extending time limits, or modifying the conditions of a use permit shall be under the original jurisdiction of the Planning Commission.

(B)

Concurrent Application. When an application for granting or modifying a use permit is submitted concurrently with an application for a zone reclassification and/or General Plan amendment related to the same property, the use permit shall be under the jurisdiction of the Board of Supervisors and shall be reviewed and decided concurrently with such other application and the Planning Commission shall make a recommendation to the Board of Supervisors on the application.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

(A)

Applications for use permits shall be filed with the Department upon such forms and accompanied by such plans and data as may be prescribed by the Department so as to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee.

(B)

The Department shall review the application and determine whether the requested use is allowable under the existing zoning classification. If it finds that it is, the application shall be processed pursuant to this Chapter.

(C)

If the Department finds that the requested use is not allowable under the existing zoning classification, the Planning and Building Services Department shall notify the applicant that the application may not be further processed and that this decision may be administratively appealed pursuant to Chapter 20.208 (Appeals). Should the Department's decision be reversed on administrative appeal, the application shall be processed pursuant to this Chapter.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

All of the following findings must be made in order to approve a use permit:

(A)

The proposed use is permitted within the applicable zone and complies with all other applicable provisions of this Division and all other titles of the Mendocino County Code, General Plan, and any applicable Specific Plan;

(B)

The proposed use will not constitute a nuisance or be detrimental to the public health, safety, or general welfare of the persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the county; provided, that if any proposed building or use is necessary for the public health, safety or welfare, the finding shall be to that effect;

(C)

The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Division;

(D)

That adequate utilities, access roads, drainage improvements and other necessary facilities have been or are being provided.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

(A)

Action. Upon completion of review and evaluation for a use permit the Planning Commission shall hold a public hearing and shall either:

(1)

Make all of the findings specified in Section 20.196.020 and any other determination as is required by the pertinent sections of this Division and approve the application;

(2)

Notify the applicant of the changes and modifications required for approval of the application: or

(3)

Deny the use permit. The Planning Commission shall deny the use permit if:

(a)

The use permit cannot be conditioned by adequate requirements to ensure compliance with applicable regulations, or

(b)

The application for the use permit cannot reasonably be modified to conform to the applicable requirements; or

(c)

The required findings cannot be made.

(B)

Time Period for Review and Approval. Review and approval of use permits shall be governed by the provisions of the Permit Streamlining Act (Government Code Section 65920 et seq.), as it may be amended from time to time.

(C)

Public Hearing and Notice. A public hearing shall be held and noticed pursuant to the provisions of Section 20.190.010.

(D)

Notice of Decision. The decision to approve or deny an application for a use permit shall be provided to the applicant in writing. The notice of decision shall include:

(1)

The decision regarding the use permit and the date of the decision.

(2)

Any conditions of approval.

(3)

The deadline for the public or the applicant to file an appeal of the decision, which shall as provided in Chapter 20.208 (Appeals).

(E)

Effective Date. The decision to approve or deny an application for a use permit shall be final when the deadline for the filing of an appeal by the public or applicant has expired without the filing of an appeal.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

Any use permit granted may be subject to such conditions or restrictions deemed necessary by the Planning Commission to secure the purposes of this Division and ensure that the project's operation will allow all of the findings for approval to be made. The Planning Commission or Board of Supervisors may require such reasonable guarantees and evidence that such conditions are being, or will be, complied with. Conditions of approval may also require that specific actions take place by specified deadlines.

Noncompliance with conditions of approval may result in revocation of a use permit as provided in this Chapter. The term "use permit" is interchangeably used with the term "Conditional Use Permit."

Use permits are not required to have an expiration date, though any use permit may be limited to a term and expiration date set when the use permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the use permit.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

The decision made pursuant to Sections 20.196.025 (Decision and Notice) or 20.196.060 (Revocation or Modification) may be appealed as provided in Chapter 20.208 (Appeals).

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

Each valid unrevoked and unexpired use permit shall expire and become null and void at either:

(A)

the expiration of two (2) years after granting, except where construction and/or use of the property in reliance on such permit has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced may be extended as provided by Section 20.196.045; or

(B)

the expiration date specified in such use permit, if an expiration date is specified.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

If prior to expiration of the use permit pursuant to Section 20.196.040(A), the applicant files a written application for extension, the period within which construction or use of the property in reliance on the permit must be commenced may be extended by order of the Zoning Administrator at any time within ninety (90) days after the date of expiration as originally established. An application for such an extension shall be made on the prescribed form and shall be filed with the Department. The period within which construction and/or use of the property in reliance on the use permit must be commenced may be extended subject to conditions, as provided by Section 20.196.030. Decisions of the Zoning Administrator may be appealed as provided by Chapter 20.208 (Appeals).

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

Each use permit granted pursuant to these provisions shall expire and become null and void at the expiration of one (1) year after the purpose for which it was granted has been discontinued or abandoned.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

Should a use permit be granted with a specific term and expiration date, on or before the date of expiration of a use permit the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration. Application for renewal shall be submitted in compliance with Section 20.196.015 and be processed pursuant to Section 20.196.025. The time limit for completion of use permit conditions may be extended by the Zoning Administrator for a maximum of one hundred eighty (180) days.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

A use permit may be revoked or modified as provided by the provisions Section 20.190.015.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

No application for the granting of a use permit which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless specific permission to do so has been granted as follows:

(A)

Denial by the Planning Commission. If the Planning Commission has denied the use permit, permission to reapply may be granted by the Planning Commission or the Board of Supervisors.

(B)

Denial by the Board of Supervisors. If the Board of Supervisors has denied the use permit, permission to reapply may be granted by the Board of Supervisors.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

The granting or modification of any use permit shall not authorize or legalize the maintenance of any private or public nuisance.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)

Whenever a use permit is granted with respect to any property, the Department shall, within thirty (30) days, notify the County Assessor.

(Ord. No. 4538, § 51(Exh. A), 9-10-2024)