§ 17.124.030. General regulations.  


Latest version.
  • A.

    The health, safety, comfort and general welfare of persons residing or working within the community are the primary criteria for approval or denial of a proposed variance or conditional use.

    B.

    Variances and conditional use permits may be granted, subject to conditions which are authorized by state statute and this Title 17, including but not limited to:

    1.

    Dedication and/or improvement of a public right-of-way;

    2.

    Protection of adjoining property;

    3.

    Placement and regulation of nature and extent of uses on the property;

    4.

    Regulation of height; and

    5.

    Regulation of term of permit or variance.

    C.

    Revocation. A variance or conditional use permit may be revoked after a public hearing in accordance with procedures required for granting it if:

    1.

    Conditions have changed substantially since it was issued;

    2.

    Preservation of the integrity of existing use patterns in the area requires such action;

    3.

    The holder has not complied with the conditions under which it was issued; or

    4.

    The permittee may appeal revocation by the same procedures as required for appealing a decision to grant or deny a permit or a variance.

    D.

    Automatic expiration.

    1.

    A variance shall expire if it has not been utilized within one year of the date of issue;

    2.

    A variance or conditional use permit, when issued for a definite term, shall expire on the date of expiration;

    3.

    A variance or conditional use permit shall expire if utilization has not commenced on the effective date of an ordinance which rezones the property to uses that exclude the use authorized; or

    4.

    A variance or conditional use permit that has been suspended, terminated or abandoned shall expire one hundred eighty (180) days after the last day it was used.

    E.

    For the purpose of this section, "utilization" means construction or remodeling of the structure on the site has begun; or the specified activity has begun.

    F.

    In either case, the applicant shall have secured all necessary federal, state and local permits and licenses.

(Ord. 225 (part), 2003)