Getting a Use Permit for special land uses

Purpose. The purpose of the Use Permit procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations in a district, or only under certain conditions, or only if the uses are designed, arranged or conducted in a particular manner, and to prohibit such uses if the proper integration cannot be assured.When Required. No person shall undertake any construction or development, or carry on any activity or use for which a Use Permit is required by this Chapter, or obtain a building permit for construction, development, activity or use for which a Use Permit is required by this Chapter, without first obtaining a Use Permit.Application. An application for a Use Permit may be filed by any person authorized to file an application for a Zoning Permit under Sec. 8-3.1(b). The application, whenever feasible, shall be filed together with the application for the required zoning permit, and a single application shall be used for both permits in those cases. The application shall contain the information required by Sec. 8-3.1(b) and other information justifying the issuance of the Use Permit.Fees. A non-refundable fee of $300 shall accompany the application for the Use Permit, except that filing and processing fees shall be exempted as follows:A Use Permit application for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in Subsection (d), provided such projects conform to applicable provisions of the County's affordable housing program.A Use Permit application for a housing project or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from 1/2 of the filing and processing fee required in Subsection (d), provided such projects conform to applicable provisions of the County's affordable housing program.Standards.A Use Permit may be granted only if the Planning Commission finds that the establishment, maintenance, or operation of the construction, development, activity or use in the particular case is a compatible use and is not detrimental to health, safety, peace, morals, comfort and the general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community, and will not cause any substantial harmful environmental consequences on the land of the applicant or on other lands or waters, and will not be inconsistent with the intent of this Chapter and the General Plan.The Planning Commission may impose conditions on the permit involving any of the following matters: location, amount and type and time of construction, type of use, its maintenance and operation, type and amount of traffic, off-street parking, condition and width of adjoining roads, access, nuisance values, appearance of the building, landscaping, yards, open areas and other matters deemed necessary by the Planning Commission.Procedure.The procedures established in Sec. 8-3.1(e) for a Class III Zoning Permit shall be followed except:All Use Permits for development or use in a Residential District, and all Use Permits for a project development, shall require a public hearing in accordance with the procedure specified for Class IV Zoning Permits.Upon findings of the Commission that a Use Permit may be granted consistent with the requirements of this Article, the permit shall be issued to the applicant on such terms and conditions and such a period of time, as the facts may warrant.Use Permits may be revoked by the Commission after due hearing if such action shall be necessary to effectuate the purpose of this Chapter.Application Denials and Appeal. When a Use Permit application is denied by the Planning Director and no appeal is taken, or is denied by the Planning Commission, an application for a Use Permit involving the same or substantially similar construction, development, activity or use may not be filed sooner than six months following the denial.