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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 /> 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 §2-11.10) <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 her 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 § 1,2015;prior code §2-1 I.l 1) <br /> 77 <br />