It is the purpose of this Chapter to provide a means whereby applicants desiring to conduct a use other than an allowed use may make application to the Appropriate Authority to consider the use at a public hearing.

This provisions of this Chapter apply in all zoning districts in the unincorporated areas of Monterey County.

A.

Use permits may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Title.

B.

The Zoning Administrator shall be the Appropriate Authority to hear and decide applications for, and issue Permits, for those uses identified by the "(ZA)" designation.

C.

The Planning Commission shall be the Appropriate Authority to hear and decide applications for, and issue use permits, for all other uses for which a use permit is required or permitted. The powers and authority may be combined to one body pursuant to a Combined Development Permit subject to Chapter 21.76.

Application for a use permit shall be made to the Appropriate Authority in writing on a form prescribed by the Director of Planning and shall be accompanied by statements, plans, and elevations necessary to show the detail of the proposed use or structure.

(Ord. No. 5135, § 150, 7-7-2009)

A.

All use permits require a public hearing pursuant to Chapter 21.78.

B.

In order to grant any use permit, the findings of the Appropriate Authority shall be:

1.

The establishment, maintenance, or operation of the use or structure applied for, will not, under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use; or be detrimental or injurious to property and improvement in the neighborhood; or to the general welfare of the County.

2.

The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any applicable provisions of this Title and any zoning violation abatement costs have been paid.

C.

The Appropriate Authority may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this Title. Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the permit. Other such conditions may include, but are not limited to, health and safety requirements, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The Appropriate Authority may also require such bond and guarantees as it appropriate to assure the compliance of the conditions.

D.

An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 21.80.

A.

Where one or more of the conditions of a use permit have not been, or are not being complied with, or when a use permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the use permit following public hearing pursuant to Chapter 21.78 of this Title.

B.

An appeal may be taken from such revocation or modification in the same manner as described in Chapter 21.80.

A.

Any use permit issued under the terms of this Chapter shall be valid until the date of expiration stated on the permit. If no date of expiration is stated, or unless otherwise specified by the decision making body, any permit which allows a use, excluding a use which contemplates the construction of buildings or other structures, shall expire two years from the date of granting the permit unless use of the property has begun within this period.

B.

If no date of expiration is stated, or unless otherwise specified by the Appropriate Authority, any permit granted under this Chapter which allows for the construction of buildings or other structures shall remain valid as long as actual construction has begun within two years from the date of the granting of the permit.

C.

In case of an appeal, the term of the permit shall not begin until the date of the resolution of the appeal.

D.

Notwithstanding Subsections A. and B., the expiration date of any use permit that was approved between January 1, 2006 and January 1, 2009 shall be automatically extended by twenty-four (24) months from the date the permit would otherwise have expired provided the following criteria are met:

1.

No more than one prior extension of the permit has been granted for the project; and

2.

No permit extension request for the project has been previously denied.

(Ord. No. 5155, § 4, 3-16-2010)

Building permits shall not be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the use permit granted nor until ten (10) days after the mailing of notice of granting of such use permit by the Appropriate Authority after granting of such use permit by the Board of Supervisors in the event of appeal.

When an application or portion of a application for a use permit is denied by the Appropriate Authority or the Board of Supervisors on appeal, no new application for a use permit substantially the same as the one denied shall be considered period of one year following such denial.

The application fee for a use permit shall be as established from time to time by the Board of Supervisors, and no part of such fee shall be refundable unless said refund is requested in writing concurrent with the withdrawal of the use permit and provided that the applicant has not yet been sent written notice of the application's completeness or incompleteness. In such case, fifty (50) percent of the filing fee shall be refunded.

A.

The Appropriate Authority may extend a use permit upon receipt of a written request from the permittee, provided such request is made at least thirty (30) days prior to the expiration of the use permit. The written request shall be filed with the Appropriate Authority and set forth reasons supporting the request.

B.

The extension request shall be subject to the provisions of Chapter 21.78.040A of this Title.

Proposed amendments to any permit issued under the provisions of this Chapter shall be submitted to the Planning Department in writing and in sufficient detail to adequately assess the nature of the amendment and any potential impacts of the amendment. Proposed amendments shall be handled in the following manner:

A.

If, in the opinion of the Director of Planning, the amendment is of a minor nature: 1) with no new environmental impacts, 2) with no increase in the severity of environmental impacts already identified, 3) generally in keeping with the action of the appropriate authority, 4) that would have only an inconsequential effect on land in relation to the approved permit, and 5) would meet all relevant site development standards, then the amendment shall be considered to be a "minor amendment" and may be approved by the Director of Planning. The Director shall post notice of pending approval at the project site and by mail to all parties that the Director has reason to know may be interested in the application. If no written objections are received by the Planning Department within ten (10) days of posting such notice, the pending approval of the amendment shall be final. If objections are received, the amendment shall be considered under Section 21.74.120.B below.

B.

If, in the opinion of the Director of Planning, the proposed amendment does not qualify as a "minor amendment," the proposed amendment shall be taken to the decision making body of the original permit and processed consistent with the original permit procedures.

(Ord. No. 5232, § 3, 1-14-2014)