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18.124.060 Action of planning commission.
<br /> Within 40 days following the closing of a public hearing on a use permit application, the city planning commission
<br /> shall act on the application The commission may grant by resolution an application for a use permit as the use permit
<br /> was applied for or in modified form, or the application may be denied A use permit may be revocable, may be granted
<br /> for a limited time period, or may be granted subject to such conditions as the commission may prescribe Conditions
<br /> may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls, requiring in-
<br /> stallation and maintenance of landscaping, requiring street dedications and improvements, regulation of points of ve-
<br /> hicular ingress and egress, regulation of traffic circulation, regulation of signs, regulation of hours of operation and
<br /> methods of operation, control of potential nuisances, prescribing standards for maintenance of buildings and grounds,
<br /> 1 and prescription of development schedules A use permit may not grant variances to the regulations prescribed by this
<br /> chapter for fences, walls, hedges, screening, and landscaping, site area, width, frontage, and depth, front, rear, and side
<br /> yards, basic floor area, height of structures, distances between structures, courts, usable open space, signs, or off-street
<br /> parking facilities and off-street loading facilities, for which variance procedures are prescribed by Chapter 18 132 of
<br /> this title (Prior code § 2-11 07)
<br /> 18.124.070 Findings
<br /> The city planning commission shall make the following findings before granting a use permit
<br /> A That the proposed location of the conditional use is in accordance with the objectives of this chapter and the pur-
<br /> poses of the district in which the site is located,
<br /> B That the proposed location of the conditional use and the conditions under which it would be operated or main-
<br /> tained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or
<br /> improvements in the vicinity,
<br /> C That the proposed conditional use will comply with each of the applicable provisions of this chapter (Prior code
<br /> § 2-11 08)
<br /> 18 124 080 Effective date of use permit.
<br /> Within 10 days following the date of a decision of the planning commission on a use permit application, the secretary
<br /> shall transmit written notice of the decision to the city council and to the applicant A use permit shall become effective
<br /> 15 days following the date on which the use permit was granted or on the day following the next meeting of the coun-
<br /> cil, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review the
<br /> decision of the commission A use permit shall become effective immediately after it is granted by the council (Prior
<br /> code§2-11 09)
<br /> 18.124 090 Review or appeal
<br /> The city council may elect to review a decision of the planning commission as prescribed in Section 18 144 010 of this
<br /> title, or a decision of the commission may be appealed to the city council by the applicant or by any other person as
<br /> prescribed in Section 18 144 020 of this title An appeal shall be heard and acted upon as prescribed in Sections
<br /> 18 144 030 and 18 144 040 of this title (Prior code § 2-1 1 10)
<br /> 18 124 100 Lapse of use permit
<br /> A A use permit shall lapse and shall become void one year following the date on which the use permit became ef-
<br /> fective, unless prior to the expiration of one year a building permit is issued and construction is commenced and dili-
<br /> gently pursued toward completion on the site which was the subject of the use permit application, or a certificate of
<br /> occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no
<br /> building permit or certificate of occupancy is required, or the applicant or his or hei successor has filed a request for
<br /> extension with the zoning administrator pursuant to the provisions of Section 18 12 030
<br /> B A use permit shall lapse and become void if the use is abandoned or discontinued for a continuous period of one
<br /> year or more Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use
<br /> Indicia of abandonment or discontinuance may include, but not be limited to, lack of business license, no utility service,
<br /> etc (Ord 2120 § I,2015, prior code §2-1 1 I I)
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