3. - SITE DEVELOPMENT REVIEW
The purpose of site development review is to permit and control those uses which may have a significant effect on the environment with ensurance of orderly and harmonious development and with provisions for the public health, safety, and general welfare within the surrounding area.
(§ 7, Ord. 86-623, eff. February 6, 1986)
(a)
When the Planning and Development Agency rules on whether or not a proposed building for a use permitted subject to site development review complies with the provisions of this chapter, the Planning Director shall determine if the use may have a significant effect on the environment. Such determination shall be made in compliance with the Environmental Review Guidelines of the County.
(b)
If the Planning Director determines with certainty that there is no possibility that the use may have a significant effect on the environment, the Planning and Development Agency shall rule that the proposed building complies with the provisions of this article.
(c)
If the Planning Director determines that the use may have a significant effect on the environment, the Planning and Development Agency shall rule that the proposed building does not comply with the provisions of this article unless a site development permit is issued.
(§ 7, Ord. 86-623, eff. February 6, 1986)
(a)
Applications.
(1)
Filing. Any person seeking the issuance of a site development permit shall file an application with the Planning and Development Agency.
(2)
Evidence. The application shall present adequate evidence showing:
(i)
That granting the permit would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity where the use would be established; and
(ii)
That the use is appropriate for the site, general surroundings, and environmental setting.
(3)
Processing time.
(i)
The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.
(ii)
If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.
(iii)
Upon the completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.
(4)
Investigations. The Planning Director shall investigate each application for a site development permit to assure that the proposal in each application is consistent with the intent and purposes of the provisions of this chapter.
(b)
Hearings.
(1)
Scheduling. The Zoning Administrator shall hold a public hearing on each application for a site development permit and shall give notice of the hearing as set forth in Article 11.5 of this chapter.
(2)
Hearings. The Zoning Administrator shall consider the information provided by the application, the environmental document, the Planning Director's investigation, and facts provided by any person appearing at the hearing or by written communications relative to the application;
(3)
Decisions. The Zoning Administrator shall make a decision within forty (40) days after the close of the hearing, unless an extension is granted for good cause or with the mutual consent of the applicant.
(4)
Findings. In granting a site development permit, the Zoning Administrator shall find that:
(i)
The use will not be detrimental to the health, safety, or welfare of persons residing in the vicinity of the use; and
(ii)
The use is appropriate for the site, general surroundings, and environmental setting.
(5)
Conditions. The Zoning Administrator, in granting a site development permit, may impose conditions which ensure that the use will not be detrimental to the health, safety, and welfare of the persons residing in the vicinity of the use and which ensure that the use is appropriate for the site, general surroundings, and environmental setting. The violation of any condition of a site development permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.
(c)
Revocation.
(1)
Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a site development permit shall result in the institution of revocation procedures by the Planning Director.
(2)
Hearings.
(i)
Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of this chapter and certified mail notice to the person to whom the site development permit was issued.
(ii)
Revocation. The Board may revoke the permit or modify the original conditions for failure to comply with any condition imposed or upon evidence of misrepresentation in the issuance of the site development permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.
(§ 7, Ord. 86-623, eff. February 6, 1986, as amended by § 1, Ord. 89-719, eff. November 2, 1989 and § 1, Ord. 94-828, eff. March 31, 1994)
3. - SITE DEVELOPMENT REVIEW
The purpose of site development review is to permit and control those uses which may have a significant effect on the environment with ensurance of orderly and harmonious development and with provisions for the public health, safety, and general welfare within the surrounding area.
(§ 7, Ord. 86-623, eff. February 6, 1986)
(a)
When the Planning and Development Agency rules on whether or not a proposed building for a use permitted subject to site development review complies with the provisions of this chapter, the Planning Director shall determine if the use may have a significant effect on the environment. Such determination shall be made in compliance with the Environmental Review Guidelines of the County.
(b)
If the Planning Director determines with certainty that there is no possibility that the use may have a significant effect on the environment, the Planning and Development Agency shall rule that the proposed building complies with the provisions of this article.
(c)
If the Planning Director determines that the use may have a significant effect on the environment, the Planning and Development Agency shall rule that the proposed building does not comply with the provisions of this article unless a site development permit is issued.
(§ 7, Ord. 86-623, eff. February 6, 1986)
(a)
Applications.
(1)
Filing. Any person seeking the issuance of a site development permit shall file an application with the Planning and Development Agency.
(2)
Evidence. The application shall present adequate evidence showing:
(i)
That granting the permit would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity where the use would be established; and
(ii)
That the use is appropriate for the site, general surroundings, and environmental setting.
(3)
Processing time.
(i)
The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.
(ii)
If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.
(iii)
Upon the completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.
(4)
Investigations. The Planning Director shall investigate each application for a site development permit to assure that the proposal in each application is consistent with the intent and purposes of the provisions of this chapter.
(b)
Hearings.
(1)
Scheduling. The Zoning Administrator shall hold a public hearing on each application for a site development permit and shall give notice of the hearing as set forth in Article 11.5 of this chapter.
(2)
Hearings. The Zoning Administrator shall consider the information provided by the application, the environmental document, the Planning Director's investigation, and facts provided by any person appearing at the hearing or by written communications relative to the application;
(3)
Decisions. The Zoning Administrator shall make a decision within forty (40) days after the close of the hearing, unless an extension is granted for good cause or with the mutual consent of the applicant.
(4)
Findings. In granting a site development permit, the Zoning Administrator shall find that:
(i)
The use will not be detrimental to the health, safety, or welfare of persons residing in the vicinity of the use; and
(ii)
The use is appropriate for the site, general surroundings, and environmental setting.
(5)
Conditions. The Zoning Administrator, in granting a site development permit, may impose conditions which ensure that the use will not be detrimental to the health, safety, and welfare of the persons residing in the vicinity of the use and which ensure that the use is appropriate for the site, general surroundings, and environmental setting. The violation of any condition of a site development permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.
(c)
Revocation.
(1)
Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a site development permit shall result in the institution of revocation procedures by the Planning Director.
(2)
Hearings.
(i)
Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of this chapter and certified mail notice to the person to whom the site development permit was issued.
(ii)
Revocation. The Board may revoke the permit or modify the original conditions for failure to comply with any condition imposed or upon evidence of misrepresentation in the issuance of the site development permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.
(§ 7, Ord. 86-623, eff. February 6, 1986, as amended by § 1, Ord. 89-719, eff. November 2, 1989 and § 1, Ord. 94-828, eff. March 31, 1994)