The granting of use permits and variances, referred to in this chapter as "permit," shall be in accordance with the procedure set out in this chapter.

(Ord. 376 § 10-3-5 (part), 1967.)

Application for a permit shall be filed with the building department on a form furnished by said department, accompanied by a site plan and a fee as adopted by resolution of the city council, no part of which may be refunded. When the applicant is not the owner of the property, written authorization of the owner shall accompany the application. The application shall not be accepted for filing by said department unless it conforms to the filing requirements established by the planning commission. Requirements that the applicant for a use permit or variance be the owner of the property, or that written authorization be obtained from the owner, shall not apply to the public utility companies or other agencies with powers of "eminent domain."

(Ord. 600 § 11 (part), 1985: Ord. 376 § 10-3-5(A), 1967.)

The community development department shall give notice of application and hearing by publication in a newspaper of general circulation in the city and sent, by United States mail, to all property owners within three hundred feet of the subject property, such publication and noticing to be completed not less than ten days before the date of hearing. The failure of any property owner to receive the notice shall not invalidate the proceedings. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.

(Ord. 376 § 10-3-5(B), 1967.; Amended by Ord. 844 on 12/18/2017)

The planning commission shall conduct a hearing on the application in accordance with this title and state law on the earliest reasonable time following acceptance of a complete application.

(Ord. 376 § 10-3-5(C), 1967.; Amended by Ord. 844 on 12/18/2017)

The commission may require such terms or conditions to the granting of a permit as the commission may deem necessary. Noncompliance with these terms or conditions shall be a cause of revocation of such permit. Revisions to the terms or conditions of a granted permit shall require a new permit.

(Ord. 376 § 10-3-5(D), 1967.)

All permits granted by the commission shall expire and become null and void one year after the date of granting such permit, unless the authorized use is carried on, or a building permit has been obtained for the structure requiring the conditional use permit or variance, at the date of expiration.

(Ord. 376 § 10-3-5(E), 1967.)

The permit shall run with the land, i.e., shall apply to the parcel specified in the permit, regardless of any change of ownership, but may not be transferred to another parcel.

(Ord. 376 § 10-3-5(F), 1967.)

The permit shall become effective and be issued ten days after the date the commission granted the permit, unless an appeal has been filed, in which case the permit shall not be issued until the granting of the permit is affirmed on appeal.

(Ord. 376 § 10-3-5(G), 1967.; Amended by Ord. 844 on 12/18/2017)

No application shall be reconsidered and no new application shall be considered by the commission for a permit previously acted upon by the commission within one year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration in the original proceedings.

(Ord. 376 § 10-3-5(H), 1967.)

The decision of the commission on a permit may be appealed to the council by the applicant or by any person directly and adversely affected by the decision, in accordance with the following procedure:

A.

The appeal shall be filed with the community development department, on a form furnished by said department, accompanied by a fee as adopted by resolution of the city council, no part of which may be refunded, within ten days after the date of decision of the commission. Such decision becomes final if an appeal is not filed within the time herein specified.

B.

The city council shall consider the appeal at its next regular meeting, and if such appeal is validly made, shall set a time and place for a public hearing thereon. The city clerk shall cause notice of such hearing to be mailed to the appellant or appellants by United States mail to their address shown on the application or appeal filed with the commission or city clerk, or other address designated by such appellant to the clerk. The clerk shall cause notice of such hearing to be published one time in a regular issue of a newspaper of general circulation published in the city and sent, by United States mail, to all property owners within three hundred feet of the subject property and such mailing and publication shall be completed at least ten days prior to said hearing. The notice shall state the same matters pertinent for hearing as previously mentioned in the notice of hearing before the commission as set out in Section 17.62.030, the action of the commission thereon, and that the noticed hearing before the city council is an appeal from such action of the commission.

Any hearing before the council may be continued from time to time, and the time and place for such continued hearing announced publicly at the time of continuance or adjournment of the hearing shall be sufficient notice thereof, and no further notice is required.

(Ord. 600 § 11 (part), 1985; Ord. 418 § 1, 1971; Ord. 376 § 10-3-6, 1967.; Amended by Ord. 844 on 12/18/2017)

The commission, after a public hearing held in the manner required by this chapter governing permits, may revoke or modify any permit on any one or more of the following grounds:

A.

The approval was obtained by fraud.

B.

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

C.

The use for which such approval was granted is not being exercised or the applicant is requesting a modification to the use permit

D.

The permit granted is being, or has been exercised contrary to the terms or conditions of any statute, ordinance, law or regulation.

E.

The use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

F.

The continued exercise of the use for which approval was granted appears to be inimical to the public welfare.

(Ord. 376 § 10-3-10, 1967.; Amended by Ord. 844 on 12/18/2017)

An applicant may request in writing a revocation of a use permit. When the applicant is not the property owner, written authorization by the owner shall accompany the request. Request is to be submitted to the community development director for his/her approval. Upon revocation, the property's use must comply with the regulations of the underlying zoning district.

(Adopted by Ord. 844 on 12/18/2017)

The community development director may approve minor modifications to existing use permits. Such minor modifications shall be approved only if it is found that such modifications substantially conform with the plans or standards approved by the planning commission and the modifications will not significantly adversely affect the surrounding properties.

(Adopted by Ord. 844 on 12/18/2017)