(A) Purpose. Use permits may be issued for any of the uses or purposes for which such permits are required and are subject to the provisions of this section.
(B) Form. Applications for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by sufficient information in writing, drawings or pictures to show the detail of the proposed use or building(s). Applications for a use permit shall provide evidence to support the approval findings pursuant to § 153.216(D). A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed.
(C) Public hearing. The Planning Commission shall give notice and hold a public hearing on each application for a use permit in accordance with the provisions of § 153.215.
(D) Approval findings. The Planning Commission shall make the following findings to approve a use permit application:
(1) The proposed use is consistent with the general plan, any applicable specific plan, and all applicable provisions of this chapter;
(2) The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general welfare of the city;
(3) The proposed use is consistent with the purpose of the applicable zoning district or districts;
(4) The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.
(E) Conditions. The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.
(F) Denial. In cases where any use permit is refused, the Planning Commission shall state its reasons for such refusal.
(G) Appeal. Appeal of the Planning Commission's action on the request for a use permit shall be made in accordance with the procedures specified in § 153.219.
(H) Effect. Use permit shall not become effective for ten days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.
(1) No building or zoning permit shall be issued in any case where a use permit is required by the provisions of this title unless and until such use permit has been granted by the Planning Commission or Council and then only in accordance with the terms and conditions of the use permit granted.
(2) No application for a use permit which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of project conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.
(3) Any use permit granted shall be null and void 24 months from the date of final approval thereof unless prior to such expiration date, the property is being used for the purpose of which the use permit was granted or unless a valid building permit is in effect for the construction of necessary buildings or appurtenances to such use. The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.
(Ord. 82-7, passed 9-27-82; Ord. 89-22, passed 1-8-90; Am. Ord. 2022-002, passed 4-26-22)