(A) Zoning Administrator created; authority.
(1) There is hereby created a Zoning Administrator for the city.
(2) The Zoning Administrator shall be the Community Development Director/City Engineer or his designated appointee.
(3) Any matter considered by the Zoning Administrator shall be subject to such conditions as will assure that the adjustments or modifications thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and Zone District in which subject property is situated, and such other conditions as deemed necessary to carry out the purposes of this section.
(B) Matters considered by Zoning Administrator.
(1) The Zoning Administrator shall have and decide the following matters:
(a) Applications for modifications pursuant to the provisions of this section;
(b) Land use approvals as specified by this section and the provisions of this Code pertaining to the various zoning districts;
(c) Minor modifications of lawfully issued and effective Use Permits when no change in development conditions are necessary, i.e., adequate parking, loading zone and landscaping conditions exist per this chapter;
(d) Appeal from administrative acts of Planning Division personnel where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this chapter, in which matters the Zoning Administrator shall have the authority.
(2) The Zoning Administrator may grant modifications to certain requirements specified in this chapter to the following extent, if the Zoning Administrator's findings are as provided in this section.
(a) Front and rear yard setback modifications not exceeding five feet.
(b) Side yard setback modifications not exceeding two feet.
(c) Building site coverage modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(d) Open space modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(e) Excessive building height adjustments not exceeding two feet.
(3) The Zoning Administrator may grant land use approvals as specified by the provisions of this Code pertaining to various zoning districts.
(C) Appeals from the Zoning Administrator's decision.
(1) The Zoning Administrator shall render the decision in writing on any matter properly presented, within 30 days following the date of application. The granting of any matter when conforming to the provisions of this division (C) is hereby declared to be an administrative function, the authority and responsibility for performing such is imposed upon the Zoning Administrator and the action thereon by the Administrator shall be deemed to be final and conclusive except in the event of appeal that is herein provided.
(2) In case the applicant, or other interested parties are not satisfied with the action of the Zoning Administrator, they may within ten days appeal in writing to the Planning Commission for further action.
(3) The Planning Commission shall consider such appeal at the next regular meeting for which proper notification may be provided in accordance with the provisions of this section.
(4) In case the applicant, or other interested parties are not satisfied with the action of the Planning Commission, they may within ten days, appeal in writing to the City Clerk for further action.
(5) The City Council shall consider such appeal at the next regular meeting for which proper notification may be provided in accordance with the provisions of this section.
(D) Rules and procedures.
(1) The general rules and procedures necessary or convenient for the conduct of business of said Zoning Administrator shall be adopted by the City Council.
(E) Application for and initiation of hearings.
(1) Hearings on minor Use Permit modifications or adjustments shall be initiated in any of the following manners:
(a) By verified application of any interested person or persons;
(b) By resolution of the City Council or Planning Commission requesting the Zoning Administrator to hear the same.
(2) Hearings on minor Use Permit modifications or adjustments shall be noticed in the following manner:
(a) Not less than ten days before such public hearing, one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the hearing.
(b) Direct mailing to the owners and occupants of the property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll.
(c) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
(d) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
(F) Term of permit; expiration.
(1) The Zoning Administrator may in the granting of any permit modification or adjustment impose upon the permit a term of such period of time as is found to be consistent with the proposed use and necessary to safeguard the public safety, health and welfare.
(2) The Zoning Administrator may in the granting of any permit modification or adjustment specify the time within which the proposed use must be undertaken and actively and continuously pursued.
(3) Any permit modification or adjustment shall become null and void at the expiration of the term thereof, or if not undertaken and actively and continuously pursued within the time specified in the permit or within one year if no time be specified therein.
(G) When Zoning Administrator action is final.
(1) Upon expiration of the time within which an appeal therefrom may be filed, and no appeal being filed within such time, the decision of the Zoning Administrator shall be deemed final; but if an appeal is filed within such time, the decision of the Zoning Administrator shall be stayed pending determination of the appeal or its withdrawal by the appellant.
(2) Until the decision of the Zoning Administrator, Planning Commission, or City Council has become final, as herein provided, no permit or license shall be issued for any city dependent upon the granting of adjustment.
(Ord. 689 C.S., passed 8-5-98)