The planning commission shall prescribe the form in which applications are made for zoning permits, certificates of occupancy, conditional use permits and amendments. The board of adjustment shall prescribe the form in which applications are made for appeals and variances. In addition to any other information required in connection with any application for variance, authorization of conditional use, or for reclassification of any property, there shall be submitted with each application a map showing the boundaries of the subject parcel. Each respective agency may cause blank forms to be prepared and provided for such purposes and may prescribe the type of information to be provided in the application or to be attached to the application by the applicant. No application shall be accepted unless it is complete and complies with such requirements. Acceptance of an application does not constitute any indication of approval.

(Ord. 1967-80 § 1 (6901.1), 1967)

If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the town as represented by the planning commission, the board of adjustment, or the council, as the case may be.

(Ord. 1967-80 § 1 (6901.2), 1967)

Applications filed pursuant to this title shall be numbered in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto.

(Ord. 1967-80 § 1 (6901.3), 1967)

The council shall, by resolution, establish the amounts of fees for applications and permits required or authorized by this title, and may from time to time modify the resolution. Before accepting for filing any application mentioned in this title, the secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed.

(Ord. 1967-80 § 1 (6901.4 (A)), 1967)

The council shall, by resolution, establish the amount of fees for transcripts of public hearings to be charged when such a transcript is requested, and may from time to time modify the resolution. The secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed for a transcript of a public hearing held by the planning commission or board of adjustment and the town clerk shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed for a transcript of a public hearing held by the council.

(Ord. 1967-80 § 1 (6901.4 (B)), 1967)

The council shall by resolution establish the amounts of deposits for services to be required to accompany all applications under the zoning ordinance, and may from time to time modify the resolution. The deposits required shall be the amounts deemed sufficient to cover the normal estimated cost of any town staff reports or consultant or consultants' services that may be required by the terms of this title to process the application. Before accepting for filing any application mentioned in this title, the secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, the required deposit. Any actual cost that is more than the estimated cost shall be paid by the applicant prior to the effective date of any permit, variance, appeal or amendment and any collected estimated cost that is more than the actual cost shall be returned to the applicant. No permit, variance, appeal or amendment shall become effective until outstanding costs have been paid by the applicant.

(Ord. 1967-80 § 1 (6901.4 (C)), 1967)

Any fees required under this title may be waived by the council for:

A.

Any public body, district or agency of federal, state, county or municipal government; or

B.

Any applicant for a conditional use permit for an existing use, when a use permit issued by the county was in effect on the date the ordinance codified in this section became effective, provided that such is permitted as a conditional use under this title;

C.

Any residential development project with ten or more units in which at least fifty percent of the dwelling units will be price-restricted to be affordable to households with incomes at moderate incomes or below, as defined by the California Department of Housing and Community Development. A development agreement shall be used to grant any fee waiver under this subsection. The development agreement shall set forth the total number of units in the development project, the number of affordable units to be included, and the level of affordability of the units, as well as the amount of fees to be waived. The development agreement shall be prepared to the satisfaction of the town attorney. The council's determination as to whether and what portion of fees to waive shall be based on the following criteria:

1.

The mix of units by income level;

2.

The extent to which the units are anticipated to serve populations in town with a particular need for affordable housing in the town, such as senior citizens and people who work in town;

3.

The expected financial impact on the town of waiving fees; and

4.

The financial feasibility of the project if some or all of the fees are not waived.

(Ord. 2011-390 § 10, 2011; Ord. 1969-99 § 2 (part), 1969; Ord. 1967-80 § 1 (6901.4 (D)), 1967)

A. The owner of the property for which the application is submitted, or the authorized representative of the owner, unless different requirements are specified under the section of this title dealing with the specific action, shall file the application with the responsible official.

B.

The application shall be made on forms furnished by the responsible official and shall be full and complete, including information needed to assure, as nearly as possible, presentation of all pertinent facts for the permanent record and to assist in determining the validity of the request.

C.

The applicant shall verify the accuracy and completeness of the application before a notary public, the town clerk, or he may verify it with the statement that it is signed "under penalty of perjury." The date of verification shall be noted on the application.

(Ord. 1967-80 § 1 (6901.5), 1967)

In cases where the responsible official considers the reasons and conditions as set forth on the application do not come within the scope of the procedure for the application, the applicant shall be so informed. If the application is thereafter filed and fees paid, the fact that the applicant was so informed shall be noted on the application and the signature of the applicant shall constitute verification of the fact that he was so informed. Acceptance of an application does not constitute any indication of approval.

(Ord. 1967-80 § 1 (6901.6), 1967)

The responsible official shall make or cause to be made, an investigation of the facts bearing on the case to provide information necessary to assure action consistent with the intent of this title and the general plan. A written report of such investigation shall be presented to the body or bodies charged with the responsibility for dealing with the specific action.

(Ord. 1967-80 § 1 (6901.7), 1967)

Upon receipt of a verified application or a notice of appeal from decision of administrative official, the secretary of the board of adjustment shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.70.

(Ord. 1967-80 § 1 (6901.8), 1967)

Upon receipt of a complete and verified application the secretary of the planning commission shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.76.

(Ord. 1967-80 § 1 (6901.9), 1967)

Upon receipt of a verified application or a notice of appeal, the town clerk shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.76.

(Ord. 1967-80 § 1 (6901.10), 1967)

A. Any conditional use permit granted by the town council becomes null and void if not exercised within the time specified under the section of this title dealing with the specific action on such permit, or if no date is specified, within one year from the effective date of the permit. The permit shall not become null and void if:

1.

The use has commenced; or

2.

A building permit has been issued by the building inspector and construction started and diligently pursued toward completion on the site which was the subject of the permit; or

3.

A certificate of occupancy has been issued by the building inspector for the site or the structure which was the subject of the permit.

B.

Any unexercised permit may be renewed for an additional period of one year provided that prior to its expiration an application for the renewal of the permit is filed with the acting agency. The acting agency may grant or deny an application for renewal in the same manner as prescribed for the original application under the section of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6901.11), 1967)

A. A variance granted by the board of adjustment or council becomes null and void if not exercised within the time specified under Section 18.68.120, or if no date is specified, within one year following the date on which the variance becomes effective. A variance is exercised when:

1.

The use has commenced; or

2.

A building permit has been issued by the building inspector and construction started and diligently pursued toward completion on the site which was the subject of the variance; or

3.

A certificate of occupancy has been issued by the building inspector for the site or the structure which was the subject of the variance.

B.

Where a single project requires both a variance and an architectural review approval from the ASCC, and those permits are considered and issued together, the variance shall have the same expiration period as the architectural review approval.

C.

An unexercised variance may be renewed for an additional period of one year provided that prior to its expiration an application for renewal of the variance is filed with the board of adjustment. The board of adjustment may grant or deny an application for renewal of a variance.

(Ord. 2012-397, § 2, 2012; Ord. 1967-80 § 1 (6901.12), 1967)

Any permit, certificate or license, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. 1967-80 § 1 (6901.13), 1967)

A. Grounds. Any variance or conditional use permit previously granted or issued may be revoked, suspended or modified by the acting agency on any one or more of the following grounds:

1.

The approval was based on false information submitted by the applicant;

2.

The use for which a use permit is granted is not being exercised, as defined in Section 18.34.140, within one year of the effective date of the use permit or such other time as specified by the approving body;

3.

The use for which a variance is granted is not being exercised, as defined in Section 18.34.150, within one hundred eighty days of the date on which the variance becomes effective, or such other time as specified by the approving body;

4.

The use for which such approval was granted has ceased to exist or has been suspended for one year or more;

5.

The permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

B.

Hearing. Prior to revocation, suspension or modification of a variance or use permit the acting agency shall hold a public hearing and give notice of the hearing in the manner prescribed in Chapter 18.76 or Chapter 18.70. After hearing all evidence presented, if not satisfied that the regulation, general provision or condition is being complied with, the acting agency may suspend, revoke or modify the permit or variance or take such action as may be necessary to ensure compliance with the regulation, general provision or conditions unless specified otherwise under the section of this title dealing with the specific action.

(Ord. 2005-359, § 1, 2005; Ord. 1967-80, § 1 (6901.14), 1967)