Purpose.

A use permit is a document authorizing the existence of a nonconforming use, a conditional use, or a variance as these terms are herein defined. The issuance of a use permit may be prerequisite to the issuance of a building permit or certificate of occupancy but shall not alleviate the requirement for a building permit or certificate of occupancy where this requirement would otherwise exist.

A use permit is required for all nonconforming uses, all conditional uses, and for all variances. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this ordinance.

Approval, responsibility.

The building official shall issue use permits for all nonconforming uses at the time of enactment of this ordinance and the building official may rescind a use permit for a nonconforming use upon cessation of the use of the building or land as set out in section 4.

The commission shall have the responsibility for the consideration of use permits for conditional uses as enumerated in 6.15 after public hearing as defined herein.

The board of adjustment may issue use permits for variances and may issue or revoke other use permits, all as set out in section 11.

Procedure.

In case of nonconforming uses in any district, at the time of enactment of this ordinance, it shall be the duty of the building official to investigate and document the existing use, the size and type of structure or land use, and to issue a use permit in accordance with the conditions set out in section 4. No application or filing fee is required.

In cases which may require a use permit for a conditional use (as enumerated in section 6.15) the commission may issue a use permit after application has been filed (on forms provided by the building official) and after a public hearing (filing fee required).

Editor’s note–At the request of the city, the specific dollar amount of the filing fee was removed from subsection 10.7 above. Fees can be found in appendix A to this code.

The application for use permit and fee shall be filed with the building official. Such application may be filed at the time of application for building permit or may be filed prior to such application for a building permit; however, it must be accompanied by a plot plan showing the proposed use of the land and buildings and must show the surrounding land use, in such detail as necessary to clarify the claims made in the application. The building official shall forward such information to the commission with his or her recommendation.

The building official shall give public notice by publication in a local newspaper at least fifteen (15) days prior to a date set for a public hearing before the commission and shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the date set for the public hearing by letter. The building official shall also give a report and recommendation to the commission on the date of the hearing.

The commission, after receipt of report and recommendation of the building official may permit a conditional use subject to appropriate conditions and safeguards, when, after public notice and hearing, the commission finds:

The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks.

Any person or persons, jointly or severally aggrieved by a decision of the commission, may present to the city council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the city council within ten (10) days after the final decision of the commission, and not thereafter.

Variances.

Use permits for variances may be issued only by the board of adjustment, in accordance with the requirements of section 11.

Recording.

One (1) copy of an approved use permit shall be delivered to the owner of the property, one (1) copy shall be filed in the office of the building official.

Development.

Following the issuance of a use permit the building official shall ensure that if the development is undertaken it is completed in compliance with said permit. However, if a use permit has not been used within six (6) months after the date granted, the permit is automatically cancelled which fact shall be noted over the signature of the building official on the file copies of the permit and the owner shall be so notified in writing.