2010 JANUARY - Laserfiche WebLink

18.124.110 18.124.110 Preexisting conditional uses. A. A conditional use legally established prior to the effective date of the ordinance codified in this chapter, or subse- quent amendments thereto, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any. B. Alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this chapter, provided that alterations not exceeding $1,500.00 in value as determined by the building inspector shall be permitted without the granting of a use permit. C. A use permit shall be required for the reconstruction of a structure housing a preexisting conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restor- ing the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the community development director. (Ord. 2000 § 1, 2009; prior code § 2- 11.12) 18.124.120 Modification of conditional use. Sections 18.124.020 through 18.124.090 of this chapter shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the zoning administrator if he or she determines that the changes would not affect the findings prescribed in Section 18.124.070 relating to findings. (Prior code § 2- 11.13) 18.124.130 Suspension and revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a use permit shall be suspended automatically. The planning commission shall hold a public hearing within 40 days, in accord with the procedure prescribed in Section 18.124.040, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within 10 days following the date of a decision of the commission revoking a use permit, the secretary shall transmit to the city council written no- tice of the decision. The decision shall become final 15 days following the date on which the use pemtit was revoked or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the commission, in which cases Section I8.124.090 shall apply. (Prior code § 2- 11.14) 18.124.140 Denial —New application. Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit. (Prior code § 2-11.15) 18.124.150 Use permit to run with land. A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. (Prior code § 2- 11.16) 18.124.160 Application with zoning reclassification. Application for a use permit may be made at the same time as application for a change in district boundaries in- cluding the same property, in which case the planning commission shall hold the public hearing on the zoning reclassi- fication and the use permit at the same meeting and may combine the two hearings. For the purposes of this section, the date of the commission decision on the use permit application shall be deemed to be the same as the date of enactment by the city council of an ordinance changing the district boundaries, provided that if the council modifies a recommen- (Pleasanton Supp. No. 3, I -I 0) 708