Piedmont Zoning Code Div. 17.68 Conditional Use Permit

Sections:

17.68.010 General; Applicability. 17.68.020 Application. 17.68.030 Hearing body 17.68.040 Findings 17.68.050 Review 17.68.060 Modification

A. General. No person shall begin a conditional use without first obtaining a conditional use permit. After recommendation from the Planning Commission, the City Council may grant a conditional use permit, subject to conditions.

• B. Applicability. A conditional use permit is required for:

1. a use listed as a conditional use in any zone, or a change in an existing conditional use. A conditional use permit is not required for a single-family residence.

2. new construction, or a structural change to: commercial or mixed use in Zone D.

C. Wireless communication facilities permit. A wireless communication facility is a conditional use in Zones A through E. However, a wireless communication facilities permit under division 17.46 is required instead of a conditional use permit.

The applicant must submit a written application for a conditional use permit on a form provided by the Director. The application shall be accompanied by plans as set forth in the required materials for a use permit, and the application fee. Where necessary, the Director or hearing body may waive a requirement or require additional information.

The Planning Commission will hold a hearing on the application and make a recommendation to the City Council. The decision of the City Council is final.

The Planning Commission may recommend and the City Council may approve a conditional use permit only after making the following findings:

1. The proposed use is compatible with the general plan and conforms to the zoning code.

2. The use is primarily intended to serve Piedmont residents (rather than the larger region); and

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3. The use will not have a material adverse effect on the health, safety or welfare of persons residing or working in the vicinity. Considerations for this finding include: no substantial increase in traffic, parking, or noise; no adverse effect on the character of the neighborhood; no tendency to adversely affect surrounding property values.

A. Review. Each conditional use permit is subject to review two years after the permit is approved, or a longer period if provided in the approved permit, and each five years after that, or longer as determined by the City Council. The Director will initiate the review and provide a report to the Planning Commission. If the Director or Planning Commission determines that there may be grounds for revocation of the permit, the Director will schedule the matter for a revocation hearing under section 17.80.050.

B. Applicability to prior conditional use permits. If a use permit issued before December 2013 has a condition with an automatic review or termination date, that condition is superseded by this section.

A person wishing to make a minor modification to a conditional use permit may submit an application for modification to the Director, together with the application fee. Consideration of a request for a minor modification requires the same procedures and findings as for the original use permit.

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SECTION 17.70

VARIANCE

Sections: 17.70.010 General; Exceptions. 17.70.020 Application 17.70.030 Hearing body 17.70.040 Findings