Loading...
In the event the applicant or other person is not satisfied with the architectural design criteria estab-lished by the Design Review Board, they may, within five days after such decision, appeal in writing to the Council in the same manner as an appeal for a use permit or variance, except that the appeal to the Council shall not be a public hearing.
(Ord. 897-C-S, passed 10-25-94)
(A) A design review, use permit, administrative use permit, or variance shall lapse one year after date of approval or at an alternative time specified as a condition of approval:
(1) A building permit has been issued and construction has diligently commenced thereon and has not expired;
(2) A certificate of occupancy has been issued;
(3) The use is established; or
(4) The design review, use permit, admini-strative use permit or variance is renewed per division (D) of this section.
(B) Unless otherwise specified by a condition of approval, the validity of a design review, use permit, administrative use permit or variance shall not be affected by changes in ownership as long as the use or structure is substantially similar or the same as originally approved and, in the case of a use permit or administrative use permit, the use is a conforming one. If the site remains unused for a continuous one-year period, however, the use permit, admini-strative use permit or variance is considered expired and a new approval is necessary. Nonconforming non-residential uses with previously approved use permits/administrative use permits (e.g., those no longer conforming with the underlying zoning or General Plan designation) shall be subject to review upon changes in ownership or tenancy.
(C) A design review, variance or use permit may be renewed or extended by the Zoning Administrator for a one-year period without notice or public hearing, if the findings required remain valid and application is made prior to expiration. No more than two one year extensions may be granted.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1017-C-S, passed 3-23-04)
(A) Revocation. A design review, use permit, or variance that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as follows: the Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 15 days prior to the hearing.
(B) Imposition of fine. In lieu of revoking a design review, use permit or variance, the Commission may impose an administrative fine of not more than $2,500 for each day that a violation has occurred. Before imposing any such fine, the city shall give the entitlement holder at least 15 days' advance written notice of the date, time and place where the Commission will consider the action, along with a specification of the violation and the proposed amount of fines. The permit holder shall be given theopportunity to address the Commission and to provide any information or argument regarding the matter. Any fine shall be a civil debt owed to the city and may be collected through proceedings in a court of competent jurisdiction. Any fine may be collected in connection with a nuisance abatement action or with the issuance of an injunction.
(Ord. 1017-C-S, passed 3-23-04)
(A) A request for changes in conditions of approval of a design review, use permit or variance, or a change to site plans that would affect a condition of approval, shall be treated as a new application unless the Zoning Administrator finds that the changes to the approved plans are non-controversial, minor, do not involve substantial alterations or additions to the plans, and are consistent with the intent of the original approval.
(B) If an application for a design review use permit or variance is disapproved, no new application for the same, or substantially the same, design review, use permit or variance shall be filed within one year of the date of denial of the initial appli-cation, unless the denial was made without prejudice.
(Ord. 897-C-S, passed 10-25-94)
ARTICLE 28: AMENDMENTS
Loading...