Revised Proposal for CN-1 Use Permit Abandonment

Proposal would allow use permits for abandoned uses to be extinguished.
Monday, August 31, 2015

Here is the text of the proposed amendment to CN-1 zoning:

17.33.070  Other zoning provisions

Subsection G. is added to Section 17.33.070 to read as follows:

G.         In the CN-1 Zone, in addition to the use permit procedures set forth in Chapter 17.134, the following special provisions shall apply to use permits granted under note L2 to table 17.33.01.  These provisions shall take precedence over any conflicting provision of Chapter 17.134:

1.         Any use permit granted pursuant to this provision shall run with the land and remain valid regardless of a change in the ownership of the property or the use.

2.         A use for which a use permit has been granted pursuant to this provision shall be deemed abandoned if either of the following occurs:

a.   The business license for the use has expired for a period of at least one year;

b.   Either:

1)   The use for which the use permit was granted has ceased operation; or

2)   Other evidence is provided to the City that is found sufficient to show the intent of the permit holder to abandon the use;

and the discontinuance of use has lasted for a continuous period of at least one year.

3.         The City shall serve written notice of the apparent abandonment on the holder of the use permit at their address of record, along with a copy of this subsection.  The one-year period for being deemed abandoned shall not commence until the date notice is served.

4.         At any time during the one year period, the use permit holder may, by renewal of the business license and/or submission to the City of other evidence, submit a request that the City find the use has not been abandoned, or may request an extension of the one-year period for up to one additional year based on a showing of good cause. 

5.         Upon receipt of such request from the permit holder, the City shall hold a public hearing, with notice as set forth in Section 17.134.040, to consider the request.  In the case of a minor use permit, the hearing shall be before the planning director or his/her designated representative; if for a major use permit, the hearing shall be before the Planning Commission.  The use permit shall continue in effect until the request has been heard and finally decided.  The appeal procedures of Chapter 17.134 shall apply to any decision to grant or deny a request.

6.         If a use has been deemed abandoned, it may not be resumed without following the procedures of Chapter 17.134 for issuance of a new use permit.