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ARTICLE 27: DESIGN REVIEW, USE PERMITS, ADMINISTRATIVE USE PERMITS AND VARIANCES
(A) This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this chapter by establishing procedures for approval, conditional approval, or disapproval of design reviews, use permit, administrative use permit and variance applications.
(B) The purpose of design review is to promote the orderly and harmonious development of the city, the stability of land values and investments, and the general welfare and to encourage and promote the highest quality of design and site planning to delight the user and others who come in contact with uses and structures in the city.
(C) Design review plans are required for all new development and additions to existing structures, unless the Zoning Administrator finds that the addition is non-controversial, minor, and does not involve a substantial alteration to the existing structure. Design review is not required for the construction or alteration of a single-family residence unless within a planned development regulating the architectural style of the dwelling.
(D) Use permits are required for use classifi-cations typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.
(E) Administrative use permits may be granted by the Zoning Administrator for minor projects if it can be determined that such projects comply with the provisions of this chapter.
(F) Variances are intended to resolve practical difficulties or physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geo-graphic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.
(G) Authorization to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this chapter is provided by the use permit/administrative use permit process for specified uses and by the authority of the Zoning Administrator to determine whether a specific use belongs within one or more of the use classifications listed in this chapter.
(Ord. 897-C-S, passed 10-25-94)
(A) The Planning Commission or the Zoning Administrator, as the case may be, shall hold a public hearing on an application for a use permit or variance. An application for an administrative use permit shall be acted upon by the Zoning Admini-strator without a public hearing being held. Similarly, design review shall not require a public hearing.
(B) The Zoning Administrator shall set a tentative time and place for a public hearing to be held within 90 calendar days of receiving a completed application.
(C) Notice of the hearing shall be given in the following manner:
(1) Mailed or delivered notice. At least 10 calendar days prior to the hearing a notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site subject as shown on the last equalized property tax assessment role. This noticing area may be expanded if the application is perceived to have impacts beyond a 300 foot radius. Where environmental review requires more extensive noticing, it can occur simultaneously.
(2) Posted notice. Notice shall be posted 10 days prior to the hearing at the Planning Depart-ment and in one newspaper of general circulation. Where environmental review requires more extensive noticing, it can occur simultaneously.
(D) The notice of public hearing shall contain:
(1) A description of the location of the development site and the purpose of the application;
(2) A statement of the time, place, and purpose of the public hearing;
(3) A reference to application materials on file for detailed information; and
(4) A statement that any interested person or an authorized agent may appear and be heard.
(E) When applications for design review, use permits, variances or combinations thereof are filed at the same time for a single site, the city may schedule a combined public hearing.
(Ord. 897-C-S, passed 10-25-94)
(A) The Planning Commission or the Zoning Administrator, as the case may be, shall approve an application for a use permit or variance as it was applied for or in modified form as required by the reviewing and approving body.
(B) On the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Zoning Administrator shall find all of the following:
(1) For use permits.
(a) That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity;
(b) That the use applied for at the location indicated is properly one for which a use permit is authorized;
(c) That the site for the proposed use is adequate in size and shape to accommodate such use, and all yard spaces, walls, fences, parking, loading, landscaping, and other features required, to other uses in the neighborhood;
(d) That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use; and
(e) That the granting of such use permit will not adversely affect the comprehensive General Plan.
(2) For variances.
(a) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;
(b) That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improve-ments in such zone or vicinity;
(c) That because of special circum-stances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under the identical zone classifications; and
(d) That the granting of such variance will not adversely affect the comprehensive General Plan.
(3) For Design Review and Administrative Use Permit. No findings are necessary for Design Review Board action or for administrative use permits.
(Ord. 897-C-S, passed 10-25-94)
(A) Purpose. The provisions of this section allow for an administrative review of requests to vary from the general setback requirements contained in the Municipal Code by a maximum of 25% of the required setback. Variance requests which are over 25% of the required setback shall require a public hearing as specified in Article 27.
(B) Application. An application for an administrative variance shall be filed using the general variance application provided by the Community Development Department. It is the responsibility of the applicant to provide evidence in support of the required findings.
(C) Jurisdiction. The Zoning Administrator shall have the authority to consider and act on a request for an administrative variance. The Zoning Administrator shall issue a written determination within 30 days of the date of receipt of a completed application and may approve the variance, subject to conditions of approval, or deny the request. All written determinations shall give notice of the right to appeal.
(D) Notice. Notice of the variance request shall be given to property owners immediately adjacent (both sides and to the rear) to the project site. Notices shall be mailed out as soon as reasonably practicable after the application has been deemed complete.
(E) Findings. The Zoning Administrator may approve an administrative variance only after making all of the findings contained in § 9-5.2703(B)(2) in the affirmative.
(Ord. 994-C-S, passed 4-23-02)
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