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(A) No use permit shall be approved or issued and no conditional use shall be authorized unless and until a public hearing thereon is held.
(B) Notice of the time and place of the public hearing, together with a brief statement of the nature of the application, shall be given in the same manner as provided in § 17.004.070.
(C)
Additional notice of the public hearing, as provided in division (B) of this section, may be given to owners and renters of other property within 500 feet of the applicant’s parcel, when, in the opinion of the Planning Commission, the properties would be affected by the proceedings so noticed. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least 10 days prior to the public hearing.
(D) Any error, irregularity, informality or omission as to noticing shall not void or invalidate the proceedings, considerations or disposition of a use permit application, except as may be otherwise provided under Cal. Gov’t Code § 65010.
(Prior Code, § 17.18.050) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994
; Am. Ord. 716, passed 9-6-2006
)
The final disposition of each use permit shall be in accord with the facts of the particular case and the facts shall support the following determinations and findings before a use permit may be approved. They may refer to a town resolution, ordinance, or record of the action on the application.
(A) The location, size, design, and operating characteristics of the use conform to the General Plan and the land use designations for the project site and to the objective zoning standards and objective design standards that apply to the proposed use at the proposed location;
(B) The approval of the use permit shall not constitute a grant of special privilege and shall not contravene the doctrines of equity and equal treatment;
(C) The development and use of property, as approved under the use permit, shall not create a public nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding ambient conditions or applicable performance standards, or cause significant adverse physical or environmental effects to abutting or adjoining properties and the surrounding neighborhood, or create undue or excessive burdens in the use and enjoyment thereof, any or all of which effects are substantially beyond that which might occur without approval or issuance of the use permit;
(D) Approval of the use permit is not contrary to those objectives, goals or objective standards pertinent to the particular use and location and contained or set forth in the General Plan, this title, any master plan, development plan or other plan or policy, officially adopted by the town; and
(E) Approval of the use permit will result in equal or better development of the premises than would otherwise be the case, and that the approval is in the public interest and for the protection or enhancement of the community.
(Prior Code, § 17.18.060) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1-2023)
The Planning Commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable master plan or precise development plan adopted by the Town Council, and this title are met. The Commission may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Ord. 885, passed 11-1-2023)
Should the Planning Commission be satisfied that the proposed structure or use conforms to the requirements of the terms of this title, that any additional conditions stipulated by the Planning Commission, deemed necessary to the public interest have been or will be met, that the use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community and otherwise conforms to the findings of fact hereinabove set forth, the Planning Commission may grant a conditional use permit subject to the rights of appeal or directed referral set forth in this title.
(Prior Code, § 17.18.070) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991)
Following the issuance of any use permit by the Planning Commission and in the absence of any appeal or directed referral, the town shall issue a zoning permit and shall determine that development and use of the property is undertaken in compliance with the permit.
(Prior Code, § 17.18.080) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)
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