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a. Administrative Use Permit.

1. Before acting on any use permit application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place and purpose of the hearing shall be given by posting the property and by publishing an advertisement in a newspaper of general circulation at least five (5) days before the hearing.

2. Decisions of the Director shall be rendered in writing within ten (10) days of the hearing. They shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed.

3. At his or her discretion, the Director may refer an administrative use permit to the Planning Commission, pursuant to the requirements in subsection (b) of this section, when he/she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the Commission.

b. Planning Commission Use Permits.

1. Before acting on any use permit application, the Planning Commission shall hold a public hearing conducted according to its by-laws. Notice of the time, date, place and purpose of the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general circulation at least ten (10) days before the hearing.

2. Decisions of the Planning Commission shall be rendered in writing within ten (10) days of the hearing. They shall state the conditions of approval, if any, or the reasons for denial. The Planning Commission’s decision shall be final unless appealed.

3. When a use permit application is presented before the Planning Commission, the Commission may act to impose additional development standards beyond those indicated in this Code. Use permit findings and procedures shall apply as provided in relevant sections of these regulations.

4. Public notice for use permit applications, in order to fulfill the intent of this section, shall be sufficiently general so the public will be aware of the type of project proposed and the types of actions the Commission may take, without further notice, to approve or conditionally approve the project.

c. Manner of Giving Public Notice. Public notice requirements shall be met by:

1. Mailing or delivery to the applicant and to all owners of real property within three hundred (300') feet of the property included in the project;

2. Mailing to any person who has filed a written request for such notice with the Director; and

3. Publication at least once in a newspaper of general circulation published and circulated in the City. Said notice shall be published at least ten (10) days before the hearing date and shall include: (a) the time and place of the public hearing and (b) a general project description, including the property location, proposed land uses and applicant’s name.

d. Expiration of Use Permit.

1. When a use that was allowed by approval of a use permit ceases operation for one (1) year or such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only with approval of a new use permit.

2. The Director may extend the one (1) year limit stated in subsection (d)(1) of this section upon receipt of a written request, upon finding that circumstances have not changed significantly since the time the use ceased operation. (Ord. #248-2020, S2 (Exh. A))