§ 312-4 Conditions on Permits and Variances

312-4 Conditions on Permits and Variances

The Hearing Officer may impose conditions on a development permit or variance concerning any matter subject to regulation under this zoning ordinance, or the County General Plan, to accomplish the following purposes, or any additional related purposes: (Former Section CZ#A315-4(B)(1)(a-g))

4.1.1To assure compliance with special development regulations or requirements for creation or improvement of building sites;

4.1.2To minimize or mitigate any adverse impact of the development upon other land, including: regulation of the hours of use and operation, specification of type and intensity of activities that may be conducted, and establishment of buffer areas;

4.1.3To control the sequence or timing of development;

4.1.4To control the duration of use of the development and the time after which any structure must be removed;

4.1.5To assure that development will be maintained properly;

4.1.6To designate the exact location and nature of development; and

4.1.7To establish more detailed records by submission of drawings, maps, plans, or specifications.

4.1.8To pay any required County fees. (Ord. 2214, 6/6/2000)

The grant of a permit or variance may not be conditioned on the payment or conveyance by the developer of any money, land, or other property, except as specifically provided by this Code, the General Plan, Local Coastal Program, or any provision of State or Federal law. (Former Section CZ#A315-4(B)(2); Amended by Ord. 2214, 6/6/00)

To insure the performance of conditions imposed at the time of granting or modification of a permit or variance, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the Hearing Officer. Every bond to insure performance of conditions shall be:

4.3.1a penalty bond;

4.3.2in a form satisfactory to the Hearing Officer or Board of Supervisors, whichever requires the bond;

4.3.3payable to the County of Humboldt; and

4.3.4conditioned upon compliance with the conditions and limitations, including any limitation of time, upon which such variance or development permit is granted.

Upon the breach of any condition or limitation, including a limitation of time, upon which the variance or development is granted, the money or the bond furnished as security shall be forfeited to the County and such money or the money collected on any such bond shall be paid into the general fund of the County of Humboldt. (Former Section CZ#A315-4(B)(3))

The applicant shall bear the actual costs of inspections by the County to assure conformance with permit or variance conditions imposed. This may include, but shall not be limited to, engineering costs, laboratory fees, consultant fees, and all inspections and control fees and tests. The applicant shall post a cash deposit equal to the estimated costs of inspections, which shall be an amount equal to three (3) percent of the estimated cost of all improvements required by the permit or variance conditions. The cash deposit may be waived by the Director of the Department for which the services are provided if the amount of the cash deposit is less than $100.00. The actual costs of inspection shall be deducted from said cash deposit. Any surplus remaining after deducting the costs of inspection from said cash deposit shall be refunded to the applicant. In the event the cash deposit is insufficient to cover the actual costs of inspection, the applicant shall agree to pay to the County of Humboldt the excess of the actual costs over the cash deposit upon receipt of a billing from the County. (Former Section CZ#A315- 4(B)(4))