§ 16.70.030.1. Zoning permits, generally.

A.

Application and fee.

1.

Zoning permits are those permits for a specific use identified in this section.

2.

Applications for zoning permits shall be submitted in a form promulgated by the POD. The information provided on the form shall be supplemented by the information outlined below for the type of permit sought.

3.

The application shall be accompanied by a fee in the amount required by the City Council.

B.

Procedure.

1.

An application for a zoning permit shall be reviewed by the POD, who shall determine whether the application conforms to all applicable requirements of this chapter and the Code, and with any conditions and restrictions that may have been imposed by any commission or the City Council. Additional requirements, conditions and restrictions may be required by other sections of this chapter, and may authorize the POD to impose special requirements, conditions and restrictions, for specific types of zoning permits.

2.

If the POD determines that the application conforms to all applicable requirements, conditions and restrictions, the POD shall issue the permit. If the POD determines that the application does not conform to all applicable requirements, conditions and restrictions, the POD shall notify the applicant of the application's deficiencies and shall provide the applicant with a reasonable opportunity to correct the deficiencies. If correcting the deficiencies would require an amendment to the Land Development Regulations or the Code, or changing the zoning district or future land use category for the subject property, or approval of a variance, the POD shall deny the application.

C.

Standards for review. In reviewing an application the POD shall consider whether the application complies with the requirements for the permit outlined below, and all other requirements, conditions and restrictions applicable to the zoning permit requested.

D.

Scope of approval. Issuance of a zoning permit authorizes the applicant to use the property which is the subject of the permit for the purposes described in the permit in accordance with all applicable requirements, conditions and restrictions.

E.

Inspections. Property subject to a zoning permit shall be subject to inspection at all reasonable times by the POD and other officers and employees of the City who are charged with the duty of enforcing the City's building, zoning and other codes and regulations.

F.

Suspensions and revocation.

1.

A zoning permit is subject to suspension or revocation, or both, by the POD after notice to the owner and occupant and a reasonable time in which the grounds for suspension or revocation may be corrected, for any of the following reasons:

a.

Fraud, misrepresentation, or false statement in the application for the permit.

b.

Fraud, misrepresentation, or false statement made in the course of carrying on business as a holder of the zoning permit.

c.

Expiration, suspension or revocation of any other governmental permit, license or certificate which was required as a condition of issuance of the zoning permit; provided, that in such cases, the suspension or revocation of the zoning permit shall take effect immediately upon notice to the permit holder unless the other governmental agency has allowed the use or activity to continue during a "time to cure" period.

d.

Failure to comply with a condition of the permit.

e.

Any other reason specifically identified in this Code or the permit.

2.

Following the effective date of a suspension or revocation of a zoning permit, it shall be a violation for any person to engage in the use or activity upon the property which is the subject of the permit unless and until the permit is reinstated or reissued.

G.

Appeals.

1.

Except as may be provided herein for a specific zoning permit, the applicant may appeal the denial of an application for a zoning permit, or the approval of an application for a zoning permit subject to conditions, to the DRC, except that a decision of the POD on a sign permit application shall be deemed the final decision of the City.

2.

The owner or occupant may appeal a suspension or revocation of a zoning permit. The Development Review Commission shall hear appeals of the suspension or revocation of any zoning permit except an adult use permit, which shall be heard by the City Council. The decision of the Development Review Commission in such an appeal shall be deemed the final decision of the City.

(a)

An appeal from a suspension or revocation of an adult use permit or denial of a request for extension of an adult use permit shall be heard by the City Council within 30 days of receipt of the notice of appeal by the City Clerk.

(b)

The filing of a notice of appeal from the suspension or revocation of any zoning permit shall stay the effect of the suspension or revocation until the appeal has been decided, except that a suspension or revocation which is based upon a use or activity which constitutes a threat to public health or safety shall not be stayed pending the appeal.

(Code 1992, § 16.70.030.1; Ord. No. 892-G, § 4(16.70.030.1), 9-4-2008; Ord. No. 985-G, § 109, 7-15-2010; Ord. No. 100-H, § 11, 12-19-2013; Ord. No. 177-H, § 6, 6-11-2015)