Conditional use permits may be issued for any of the uses or purposes for which such permits are required by the various zoning district regulations. In addition, conditional use permits may be issued for any temporary activity, including, but not limited to, any commercial or non-commercial festival, exhibit, or other similar activity, provided that the total duration thereof does not exceed two days.

Application for a conditional use permit shall be made to the Planning Commission on a form prescribed by the Commission and shall be accompanied by a site plan and plans and elevations for any structure drawn to scale to show the details of the proposed use. Such application shall be accompanied by a fee in an amount fixed by resolution to be adopted by the City Council.

The Planning Commission shall hold a public hearing on each application for a use permit.

Notice of the public hearing shall be given as specified in Section 20.60.200.

In order to grant any use permit, the findings of the Planning Commission shall be that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be detrimental or injurious to property and improvements in the neighborhood of such proposed use, nor to the general welfare of the City. Any decision granting a use permit shall expressly set forth the findings of fact supporting such decision.

The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title, and may require such guarantees, including the posting of a bond or the deposit in cash of funds, and evidence that such conditions are being or will be complied with.

The City of Mill Valley is a predominantly residential community. Commercial zones within the City are intended primarily to provide local retail and service businesses necessary to serve adjoining residential areas. They are to serve as neighborhood commercial zones and are not intended for the purpose of providing retail and service businesses on a regional basis. In order to maintain its community character, it is desirable to restrict or limit certain types of uses. Establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises could have a detrimental effect on the community if established in larger numbers, or if established without adequate controls as hereinafter set forth. The location, number and manner of operation of such uses should be controlled to strengthen and promote the stability, balance and predominantly residential character of the City. For these reasons, the Planning Commission, before making the findings required by Section 20.64.040 with respect to such uses, shall consider, among other things, the following:

Prior to approving a conditional use permit for establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises, the Planning Commission, in making the findings set forth in Section 20.64.040, shall consider the following matters, among others, and the necessity of imposing specific conditions with respect thereto:

Because establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises could have detrimental effects which are difficult to foresee upon original examination, conditional use permits for such establishments shall be reviewed six months after issuance and not less than annually thereafter. Upon such review, the conditions of the conditional use permit may be modified if necessary to achieve the objectives of this chapter, or the same may be revoked for the reasons set forth in Section 20.64.140. Any such modification or revocation shall be subject to the notice, hearing and appeal provisions of this title.

No building permit shall be issued where a use permit or variance is required until such use permit or variance has been granted, and then only in accordance with the terms and conditions of the use permit or variance so granted. No building permit shall be issued until the 10-day appeal period as provided in this title has elapsed. If an appeal is filed, in writing, then no building permit may be issued before the matter has been settled.

When, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title will deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or deprive provision of solar access, variances may be granted by the Planning Commission or Zoning Administrator as provided in this chapter; provided, however, that no variance may be granted under this title which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. Any decision granting a variance shall expressly set forth the findings of fact which support such decision.

Application for a variance shall be made in writing on a form prescribed by the Planning Commission or the Director of Planning and Building and shall be accompanied by a fee in an amount to be fixed by resolution adopted by the City Council. The application shall be accompanied by a statement, plans, and evidence showing:

The Planning Commission or Zoning Administrator shall hold a public hearing on each application for a variance within 45 days after the application is accepted as being complete.

Notice of the hearing shall be given as specified in Section 20.60.200.

In order to grant a variance, the Planning Commission or Zoning Administrator shall find that each and every condition under subsections A, B, C and D of Section 20.64.070 shall apply to the land, building or use for which the variance is sought and that such variance shall be consistent with the general purposes of this title.

The Planning Commission or Zoning Administrator may designate such conditions in connection with a variance as deemed necessary to secure the purpose of this title and may require such guarantees and evidences that said conditions are being or will be complied with.

Variances to regulations pertaining to lot size, setback, height limitations, lot coverage, and yard requirements may be allowed to improve solar access or energy conservation. (For definition of "solar access" refer to Section 20.08.162.)

If the applicant for a conditional use permit or a variance has been notified by the City in writing that a structure has been commenced in violation of the terms and conditions of this title, and construction continues after such notice, a fee of $1,000.00 shall be paid by the applicant.

Any use permit or variance may be revoked if any of the conditions or terms of such use permit or variance are violated or for other good cause. In such case the Planning Commission shall hold a hearing on the proposed revocation, after giving written notice to the permittee at least 10 days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 30 days.

Any use permit, variance or plan review becomes null and void if not exercised within one year following the date the same is granted; provided, however, that when a use permit, variance or plan review has not been exercised within one year and good cause for such delay has been shown, the Planning Commission may grant an extension of not more than one year within which such conditional use permit, variance or plan review may be exercised. A use permit, variance or plan review shall be deemed to have been exercised if:

Any person owning real property within the City may file an application to have this title changed with respect to the zoning classification of his or her property. Such person shall file with the Clerk of the Planning Commission a written application containing such information as the Planning Commission shall from time to time require. The applicant shall pay to the City a fee in an amount established by resolution to be adopted by the City Council. At the conclusion of such hearing, the Planning Commission shall report its recommendations for or against the application to the City Council for final action.

Notice of time and place of such hearing shall be given by publication at least once in a newspaper of general circulation in the City of Mill Valley at least 10 days prior to the time of the hearing.

Aside from any other fees or deposits, the applicant requesting any entitlement requiring a public hearing shall furnish to the City payment for contract services to compile and type the names and addresses of owners and occupants within the notification area on envelopes containing the public notice.