The City Council, in its discretion, may issue permits for those uses for which permits are required by the terms of this Title as provided herein. Use Permits may include such conditions as the Council may require and may be revocable and/or issued for a determined period of use, in any manner consistent with the purpose of this Title. In considering an application for a Use Permit, the City Council shall also consider the recommendation of the Site and Architecture Commission.

A.

Application. Application for Use Permits shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe to assist the Council in determining whether:

1.

The granting of the permit is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

2.

The granting of such permit will not, under the circumstances of the particular case, materially affect adversely the health, welfare or safety of persons residing or working in the neighborhood of the property of the applicant, nor be materially detrimental to the public welfare or injurious to property or improvements in the community.

3.

The application shall include: (a) a description of the land for which the application is submitted; (b) a statement of the nature of the use, occupation and purpose for which the permit is desired; and (c) a statement by the applicant that the facts and maps presented with said application are true and correct. A fee established by the City Council shall be paid upon filing of each application for use permit.

B.

Notice and Public Hearings. Upon the filing of a sufficient and proper application for Use Permit, the City Clerk shall set the time and place of public hearing and shall give notice of such public hearing before the Site and Architecture Commission. The Site and Architecture Commission shall make recommendations to the City Council on the requested Use Permit. Following the public hearing before the Site and Architecture Commission, the City Clerk shall set the time and place of public hearing before the City Council to act on the application for the use permit.

C.

Findings. If the City Council is able to make all of the following findings the Council may grant the Use Permit subject to any reasonable conditions the Council may prescribe.

1.

The proposed use will not impair the integrity and character of the zoning district.

2.

The proposed use would not be detrimental to public health, safety or general welfare.

3.

The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of this Title.

4.

The proposed use as designed, will not cause a substantial adverse impact upon the environment, or the proposed use will provide public benefits which outweigh the substantial adverse impact upon the environment.

5.

Conditions exist, or can be required, to mitigate any adverse impacts associated with the use.

D.

Termination of Use Permits.

1.

Revocation for Failure to Comply with Terms of Permit. In any case where the conditions or limitations to the Use Permit granted have not been complied with, the Council shall give notice to the permittee that the Permit will be revoked, and shall revoke said Permit if stated requirements are not met within sixty (60) days of the date of notice.

2.

Abandonment. In any case where a Use Permit has not been used within one (1) year from the date of issuance, such Use Permit shall be automatically null and void without further action of the Council. If, after issuance, the Use Permit is continuously not used for any period of one (1) year, the Use Permit shall become automatically null and void without further action of the Council.

(Ord. No. NS-223, § 5, 4-7-2020)

Variances from the requirements of this Title shall only be granted where permitted by Government Code section 65906, where because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this Section shall not apply to conditional use permits.

A variance may be granted as provided in this Section subject to such conditions as the City Council may deem reasonable to carry out the purpose of this Title. In considering an application for a variance, the City Council shall consider the recommendations of the Site and Architecture Commission.

A.

Application. Application for variance shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe to assist the Council in determining whether the findings for granting a variance can be made. The application shall include a statement by at least one (1) of the applicants that the facts and maps presented with said application are true and correct. A fee, as set by the City Council shall be paid upon the filing of each application for a Variance.

B.

Notice and Hearings. Upon the filing of a sufficient and proper application for variance, the City Clerk shall set the time and place of public hearing and shall give notice of such public hearing before the Site and Architecture Commission. The Site and Architecture Commission shall make recommendation to the City Council on the requested variance. Following the public hearing before the Site and Architecture Commission, the City Clerk shall set the time and place of public hearing before the City Council to act on the application for the use permit.

C.

Findings. Before granting a variance, the City Council shall make all of the findings set out above.

D.

Revocation for Failure to Comply with Terms of Variance. In any case where the conditions or limitations to the Variance granted have not been complied with, the Council shall give notice to the permittee that the Variance will be revoked, and shall revoke said Variance if stated requirements are not met within sixty (60) days of the date of notice.

E.

Abandonment. In any case where a Variance has not been used within one (1) year from the date of issuance, such Variance shall be automatically null and void without further action of the Council. If, after issuance, the Variance is continuously not used for any period of one (1) year, such Variance shall be automatically null and void without further action of the Council.

(Ord. No. NS-223, § 6, 4-7-2020)