All procedures set forth by the environmental review guidelines in effect for the town shall be used in all reviews of land use projects subject to the regulations set forth in this title.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Use permit application procedures shall be as follows:

A.

Use permits shall be issued as provided in this title only for land uses or purposes for which such permits are required. The planning director shall conduct a public hearing and decide all applications for use permits required by this title. If the planning director determines that the use permit application is controversial or if major policy questions are at issue, the application may be referred to the planning commission for public hearing and action. Notice of such public hearing shall be in accordance with the provisions of Section 17.45.700. In approving a use permit, the planning director or planning commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the general plan. Such conditions may include, but are not limited to: time limitations, street dedication, street and drainage improvements, etc. Nothing in this title shall be construed to limit the discretion of the authority of the planning director to require conditions. Conditions imposed upon issuance of a use permit must be reasonably related to the use of the property for which the permit is requested.

B.

The planning director may condition a use permit to prohibit a building, structure or land use to be occupied until an inspection has been made which finds that the building, structure or land use complies with all conditions specifically required to be completed prior to occupancy. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the town engineer or building inspector shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for use permit compliance remains with the planning director. The planning commission or the planning director may also require conditions be completed prior to the issuance of building permits.

C.

Applications for use permits shall be filed with the community development department and shall be accompanied by a plot plan sufficient to show the details of the proposed land use or building. Upon receipt of a complete application and payment of the appropriate fee for a use permit, the planning staff shall set a date for a public hearing on the application.

D.

The planning director or the planning commission, on the basis of the evidence submitted at the public hearing, may grant use permits whenever the following findings are determined:

1.

The proposed land use is consistent with the provisions of this title as well as the goals and policies of the Paradise general plan.

2.

The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

If any land use for which a use permit has been granted and issued is not established within three (3) years of the use permit's effective date established in accordance with the provisions of Section 17.45.220 of this chapter, the use permit may become subject to revocation and the planning director (or designee) may initiate a revocation proceeding as set forth in Section 17.45.230 of this chapter. In the event the use permit is revoked pursuant to this chapter, reapplication and reapproval shall be required to establish the land use previously granted under the expired and revoked permit.

B.

A use permit shall be deemed eligible for revocation if the established land use for which the permit was granted has ceased or has been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired use permit up to one additional year.

(Ord. No. 496, § 5, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The use permit shall be deemed legally in effect and force when the use permit approval's appeal period has lapsed and the use permit is signed by the planning director. This date shall be so noted in the official use permit application file and shall also be noted upon the issued use permit.

(Ord. 332 § 12, 1999; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Whenever any alleged violation of the terms of a use permit is brought to the attention of the planning director and after investigation it is determined that a violation does exist, then the permittee shall be sent a written notice to comply within thirty (30) days. The notice shall be sent by certified mail, return receipt requested, and the thirty-day period shall commence with the date of the mailing of the notice. If the permittee does not comply within the thirty-day period, the planning director (or designee) may place the question of revocation of the use permit on the agenda of the next available planning commission and/or planning director meeting. A public hearing shall be required to be conducted by the planning commission or the planning director in order for the town to legally revoke a use permit.

(Ord. No. 496, § 6, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Administrative permit application procedures shall be as follows:

A.

Administrative permits (and/or modifications thereof) shall be processed and approval thereof issued as provided via the provisions of this title only for those land uses or purposes for which such permits are required. The planning director shall conduct a review and administratively render a town decision-making action for all applications for administrative permits (and/or modifications thereof).

B.

At the discretion of the planning director, any administrative permit (and/or modifications thereof) application may be directed to the planning commission for consideration and decision-making action.

C.

In processing and approving an administrative permit application, the planning director or planning commission shall evaluate and base the application decision subject to the use and/or application of the requirements of the California Environmental Quality Act and existing Town of Paradise adopted development standards, criteria, policies, and regulations.

(Ord. No. 473, § 5, 12-11-2007; Ord. 375 § 6, 2002; Ord. 332 § 13, 1999)

The administrative permit shall be deemed legally in effect and force when the administrative permit approval's appeal period has lapsed and the administrative permit is signed by the planning director. This date shall be so noted in the official administrative permit application file and shall also be noted upon the issued administrative permit.

(Ord. 436, § 8, 6-14-2005)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke an administrative permit whenever evidence exists and a determination is made verifying that an administrative permit authorized land use activity has been established or is being conducted in a manner that does not comply with existing town of Paradise land use regulations of this code and/or applicable town of Paradise adopted land use development standards, policies and criteria.

(Ord. 332 § 14, 1999)

A.

Variances from the requirements of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations.

B.

Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.

C.

All variances to building coverage, height, lot width, parking, setback and signage requirements shall be granted or denied by the planning director. This decision may be appealed to the planning commission within seven (7) days following the decision date. Anyone directly effected by the decision may appeal. Ten (10) days prior to a decision rendered by the planning director, the property owners within three hundred (300) feet of the subject property shall be notified by mail of the application. At his/her discretion, the planning director may refer the variance application to the planning commission. Any variance reviewed by the planning commission shall require a public hearing.

D.

All variance applications other than variances addressed by the provisions of subsection C of this section shall be granted or denied by the planning commission at a public hearing. Notice of the hearing shall be given pursuant to Section 17.45.700 of this chapter.

E.

A variance shall not be granted to allow land uses on property which conflict with the uses permitted in the zoning district affecting the property.

F.

Applications for variances shall be made to the community development department together with appropriate fees, documents and maps.

(Ord. 354 § 7, 2000; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The procedures and standards of this article shall apply to all the following listing of proposed new or expanded multiple-family, commercial, industrial and public/quasi-public land uses, unless exempted pursuant to Section 17.45.410 of this chapter or identified as either a permitted land use or a land use subject to only an administrative permit within the applicable zoning district in effect.

A.

All new construction of multiple-family, commercial, industrial or public/quasi-public buildings or structures requiring a building permit;

B.

Projects involving the expansion of an existing legal land use by a minimum of seventy (70) percent of the building or structure;

C.

A change in the character of the occupancy or use of a building, as defined in the Uniform Building Code in effect for the town, and which creates a greater impact on traffic, sewage disposal or drainage in the general area, or imposes a greater potential fire danger than the occupancy or use immediately preceding the subject use;

D.

Any multiple-family, commercial, industrial or public/quasi-public use proposed on a vacant lot which does not require a building permit, and does not require a use permit or an administrative permit by the provisions of this title (e.g., a parking lot);

E.

Structures and devices, including water tanks and radio towers, exceeding thirty-five (35) feet or higher above grade;

F.

The establishment of all billboards;

G.

Modifications to site plan reviews previously approved by the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

This article shall not apply to the following uses:

A.

Expansions of land uses enumerated as either being permitted or subject only to an administrative permit within the applicable zoning district in effect on the site;

B.

Interior building remodels not resulting in changes in the character of the occupancy or use nor creating a greater impact on traffic, sewage disposal or drainage in the general area, nor imposing a greater potential fire danger than the occupancy or use immediately preceding the subject use, as determined by the planning director;

C.

Minor alterations on building exteriors, as determined by the planning director;

D.

Repair and maintenance of structures or parking areas, but not including nonconforming buildings, and structures or facilities destroyed in excess of fifty (50) percent of their value as shown on the latest tax assessment roll;

E.

Expansions of less than seventy (70) percent of buildings or structures and which do not result in a change in the character of the occupancy or use as defined by the latest adopted Uniform Building Code, or which do not create a greater impact on traffic, sewage disposal, or drainage in the general area, nor impose greater potential fire danger than the use immediately preceding the subject use, as determined by the planning director.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

All applications for site plan review shall be considered and acted upon by either the planning director, the planning commission or, upon appeal, by the town council in accordance to the following regulations:

A.

The planning director shall review and decide upon all applications for site plan review that are subject to the requirements of Section 17.45.400 of this chapter.

B.

At the discretion of the planning director, any site plan review application may be directed to the planning commission for consideration and decision-making action.

C.

For all site plan reviews, the planning director shall follow the notification procedures for variances as set forth in this chapter. (See Section 17.45.300(C)).

D.

The planning commission shall review all site plan review applications which:

1.

Are directed to them by the planning director;

2.

Are appealed to them after approval or denial by the planning director.

E.

The notification requirements and procedures of a variance application as set forth in this chapter shall be followed for any site plan review application formally considered and acted upon by the planning commission.

F.

Any site plan which is reviewed by the planning director or the planning commission may be approved, conditionally approved or denied.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Any person adversely affected by the decision of the approving body may appeal the decision within seven (7) days of the decision.

B.

All appeals of a decision must be made within seven (7) days of the decision. The appeal shall be forwarded to the next higher reviewing body. Appeals to the town council must be made after review of the project by the planning commission. The town council shall have the authority to approve, conditionally approve, or deny a site plan based on findings of fact, except for denials based on sewage disposal requirements, which shall follow the requirements of appropriate ordinances.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning director, the planning commission, or the town council may impose any of the following standards or conditions on a project subject to site plan review as set forth in this article:

A.

Landscaping, including signing and lighting review;

B.

Parking requirements, including type of surface material;

C.

On-site and off-site drainage improvements or fees;

D.

Fencing requirements;

E.

Hours of operation;

F.

Location and position of uses on property;

G.

Noise level limitations;

H.

Access location and encroachment standards;

I.

Building design (exterior);

J.

Grading requirements;

K.

Health department requirements;

L.

On-site or off-site road improvements or fees;

M.

Other department or agency requirements;

N.

Other requirements as deemed necessary and proper to protect the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The approving body for any site plan review may approve the project only if it finds that the use, as conditioned, is consistent with the provisions of this title, the policies of the general plan, is compatible with the surrounding uses, and does not impair the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The site plan review permit shall be deemed legally in effect and force when the site plan review permit approval's appeal period has lapsed and the site plan review permit is signed by the planning director. This date shall be so noted in the official site plan review application file and shall also be noted upon the issued site plan review permit.

(Ord. 375 § 7, 2002)

A.

If any land use for which a site plan review approval and permit has been granted is not established within three (3) years of the site plan review permit's effective date, the site plan review permit shall become subject to revocation proceeding as set forth in Section 17.45.490 of this chapter.

B.

A site plan review permit shall be deemed revoked if the established land use for which the permit was granted has ceased or been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired site plan review permit up to one additional year.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992; Ord. 436, § 9, 6-14-2005)

The planning commission and/or the planning director is vested with the authority to officially revoke a town approved and issued site plan review permit. Whenever evidence exists and a determination is rendered, upon completion of a public hearing conducted by the planning commission and/or the planning director pertaining thereto, verifying that a specific land use is not being performed in a manner that complies with the provisions of this title or its town adopted and assigned conditions of approval, the planning commission and/or the planning director may officially revoke the affected site plan review permit.

(Ord. No. 496, § 7, 3-9-2010; Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The provisions of this title may be amended by changing the boundaries of the zoning districts or by changing any text provisions of this title whenever the public necessity, convenience or general welfare require such amendment. Amendments may be initiated by:

A.

The town council;

B.

The planning commission;

C.

The planning director;

D.

By a petition filed with the community development department signed by the property owner(s) representing the area to be rezoned or supporting the text amendment(s) proposed.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning commission shall hold a public hearing on any such proposed amendment. Notice of the time, date and place of the hearing, including a general explanation of the subject to be considered and including, as appropriate, a general description of the area affected shall be given at least ten (10) calendar days before the hearing.

In addition, for town-initiated district amendments, notices shall be mailed to the owner(s) of the property which is the subject of the proposed amendment as shown on the latest equalized assessment roll.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Within thirty (30) days of the conclusion of the public hearing, or continuations thereof, the planning commission shall make and transmit to the town council a report of its findings and its recommendations with respect to the proposed amendment. The report shall include a list of persons who testified at the hearing, a summary of the facts presented at the hearing, the findings of the planning commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. The town council may take action upon the proposed amendment within ninety (90) days from the date of receipt of the planning commission's recommendation. (Government Code Section 65853 et seq.).

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Upon receipt of the recommendation of the planning commission to change land from one zone to another, the town council shall hold a public hearing; provided, however, that if the planning commission has recommended against the adoption of the amendment, the town council shall not be required to take further action unless an interested party requests such a hearing by filing a written appeal with the town clerk and paying any required appeal fee, within seven calendar days after the planning commission files its recommendation with the town council by filing the recommendation with the town clerk. (Government Code Sections 65354.5 and 65856)

B.

Upon receipt of the recommendation of the planning commission to amend the zoning ordinance text to add or to delete a zone or regulations pertaining thereto, the town council shall hold a public hearing regardless of the recommendation of the planning commission.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

The town council may approve, modify or disapprove the recommendation of the planning commission with-in ninety days of receipt of the planning commission's recommendation; provided, that any modification of the pro-posed ordinance or amendment by the town council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to conduct a public hearing thereon. Failure of the planning commission to report within forty days after the referral shall be deemed to be approval of the proposed modification. (Government Code Section 65857)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

The town may prezone unincorporated territory adjoining the town for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the town. The method of accomplishing such prezoning shall be as provided by Section 17.45.500 et seq. as set forth in this article for zoning within the town. Action to prezone may be initiated by the planning director, planning commission or the town council. Such zoning shall become effective at the same time that the annexation becomes effective. (Government Code Section 65859)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

When an application for zoning amendment, a use permit, site plan review, or variance is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial unless a new application affecting or including all or part of the same property is substantially different, in the opinion of the planning director, from the application that was denied.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Notwithstanding the regulations as set forth in Section 17.45.560 of this title, the planning commission or the town council may deny any project "without prejudice" when the application requires only minor modifications to satisfy the planning commission or the town council. The applicant may reapply for the use with the stated modification within one year of the denial action. At the time the project is denied without prejudice, the town council or planning commission shall determine whether or not a reapplication fee shall be charged. Any reapplication fee imposed shall be in conformance with the master fee schedule in effect at the time reapplication is made.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

All determinations of the planning director or the planning commission shall be final unless a written appeal and any required appeal fee are filed with the planning commission secretary or town clerk, as appropriate. The planning commission or the town council, as appropriate, shall conduct a public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Notices of public hearings on applications for use permits, appeals and amendments to this title changing the boundaries of any district or text of this title shall be given by the body conducting such hearings at least ten days prior thereto, by publication in a newspaper of general circulation in the town. In addition, the town shall give additional notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three-hundred-foot distance of any boundary of the subject property. The town shall also mail or deliver such notice at least ten days prior to the hearing to the owner(s) of the subject property, or his agent, and to the project applicant. Notice shall also be mailed or delivered at least ten days prior to the hearing to each local agency expected to pro-vide water, schools or other essential facilities and services which may be significantly affected. The town shall follow the notice procedures of California Government Code Section 65091. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in this title, all appeals of planning director or planning commission decisions shall be administered as per the following applicable provisions:

A.

All decisions of the planning director or the planning commission affecting but not limited to home occupation permits, large family day care permits, site plan reviews, variances, etc., may be appealed in writing to the planning commission or the town council, respectively.

B.

All appeals shall be initiated by filing a written notice of appeal along with an appeal fee with the secretary of the planning commission or the town clerk for the town council within seven days after the final decision action of the planning director or the planning commission.

C.

The secretary of the planning commission shall set the time and date for a public hearing before the planning commission concerning an appeal of the planning director decision. The town clerk shall set the time and date for a public hearing before the town council concerning an appeal of a planning commission decision.

D.

Public hearings concerning appeals before the planning commission or the town council, respectively, shall be conducted within forty days after the receipt of a written appeal and related appeal fee.

E.

Upon receipt of the notice of appeal of a planning commission decision, the planning director shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the town council.

F.

The town council may refer any matter subject to appeal back to the planning commission for further consideration if, in the opinion of the town council, any new and substantial evidence is presented to the town council that was not previously presented to the planning commission.

G.

At the close of the public hearing, the planning commission or the town council, respectively, may affirm, reverse, revise or modify the appealed decision of the planning director or planning commission.

H.

If the town council does not finalize its action on an appeal within ninety days after the filing thereof, the decision action of the planning commission shall be deemed affirmed.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in Section 17.45.800 of this chapter, all appeals of other planning commission decisions affecting but not limited to amendments to this title shall be administered as per the following provisions:

A.

All decisions of the planning commission concerning rezones, general plan amendments, or prezones may be appealed in writing to the town council.

B.

An appeal shall be initiated by filing a written notice of appeal along with an appeal fee with the town clerk for the town council within five (5) days after the final decision action of the planning commission. (Government Code Sections 65354.5 and 65856)

C.

The town clerk shall set the time and date for a public hearing before the town council concerning the appeal. The public hearing shall be conducted before the town council within forty days after receipt of a written appeal and related appeal fee.

D.

If the town council does not finalize its action on the appeal within ninety days after the filing of the appeal, the decision action of the planning commission shall be deemed affirmed.

(Ord. No. 476, § 3, 1-22-2008; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

All departments and employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void.

(Ord. 264, § 2(part), 1995: Ord. 214, § 2(part), 1992)

A.

Investigations, penalties, abatement and enforcement of the provisions of this title shall be conducted or applied as specified and regulated in this code. In addition, all violations of this title shall be investigated by the planning director or his designee within seven days of the written request for such investigations. The site shall be inspected and the planning director shall determine if the site was and is being used in concurrence with the zoning regulations governing the site.

B.

The planning director shall provide mailed notice to the owner and occupant of the site within seven days of the site investigation as to the results of the investigation. All requests for investigation and enforcement of zoning violations shall be on a form provided by the community development department and shall require the name, address and phone number of the complainant and the location of the alleged violation.

C.

All zoning violations shall be abated within thirty days of the mailing of the notice of violation to the owner and occupant of the subject property, unless the planning director determines that a different amount of time will be applied to prevent harm. If the violation continues beyond the thirty-day period, or other established period, or if the violation is reestablished, then the procedures set forth in this code shall apply.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any violation of the provisions of this title by any person shall be unlawful.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance.

B.

The town attorney shall, upon order of the town council or town manager, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such action and shall apply to such courts of competent jurisdiction to grant such relief as will abate and remove such building or structure or use, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using of such building, structure, or use contrary to this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any person violating any of the provisions of this title shall be guilty of an infraction with fines pursuant to Government Code Section 36900. Any additional violation of this title within one year of the first violation shall be prosecuted by the town attorney as a misdemeanor with a fine not to exceed one thousand dollars ($1,000.00) and/or six (6) months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. 332, § 15, 1999; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Fees. All applications for a required permit as set forth in this title shall be accompanied by the appropriate fee as established by a fee schedule adopted by resolution of the town council.

B.

Accurate/Complete Information Required. It shall be the responsibility of any applicant for any permit or license required in this title to submit an accurate and complete application that complies with the listing of required application information administratively created by the town manager or his/her designee. Any application determined to contain significant information that is false in any material detail may form a separate and distinct basis for town denial of the permit for which the application is submitted. The falsification of any such application can also constitute a violation of this title and can be punishable as a separate and distinct offense under this title as determined by the town attorney.

(Ord. 332, § 16, 1999; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)