A. General
The Zoning Administrator renders a final decision and determination in accordance with this section when an determination of the substantive provisions of the
or the application of substantive zoning provisions in the zoning certification of a
, tentative
, or final
is requested.
B. Requesting a Zoning Determination or Certification
1. Requests for a written determination or certification must be made in writing to the Zoning Administrator. The request must include: the name and address of the
requesting a certification or determination; the ordinance, code or part therefore, or substantive policy statement that requires determination or clarification; the requesting
’s proposed determination or clarification; and whether the issue(s) are currently being considered by the
in connection with a pending application or request for approval and the identity of the proposed
or
; and,
2. Any
, including those affected by the proposed
may request a written determination or certification. For the purposes of this section, a
affected by the proposed
is the applicant, owners, or residents of property within 400 feet of the
, any
within one mile.
C. Decision and Notice of Decision
1. The Zoning Administrator shall make a final, written, zoning determination and mail notice of the determination or certification to the applicant and all parties of record within the time frames set forth in Section 3-02, Compliance Review Timeframes Policy, of the Administrative Manual. The applicant or the Zoning Administrator may place other parties on notice of the determination or certification by providing a copy of the application to such parties at the time it is submitted to the Zoning Administrator and listing such as a in the application. The Zoning Administrator may include as a a (s) affected by the proposed as provided in Section 1.5.1.B.2 and any as determined by the Zoning Administrator who may be personally affected by the proposed in a manner that is beyond the impact of the on the general public;
2. The Zoning Administrator shall provide the applicant with an opportunity to meet with designated
staff to discuss the Zoning Administrator’s written determination;
3. The Zoning Administrator shall rely on the purpose of the
section in question when making a zoning determination;
4. The Zoning Administrator may designate certain decisions as precedent for future decisions. Any decision so designated shall be binding upon future cases unless reversed on appeal. One copy of all precedent decisions shall be maintained by the Zoning Administrator and one copy shall be maintained by the City Clerk for public review and inspection;
5. All zoning determinations shall be posted to the
website; and,
6. The Zoning Administrator’s determination shall be binding upon the applicant and all parties of record unless appealed.
D. Substantive Policy Statements
The Zoning Administrator may, in his sole discretion, also issue substantive policy statements. Such written, substantive policy statements will be advisory in nature, providing information regarding the
’s policies and current practices, procedures, methods of action and approach to implementing the stated policy and the
and the Administrative and Technical Standards Manuals.
No less than annually, the
shall publish, on its website, a directory summarizing any substantive policy statements and maintain a copy of the directory and policy statements at the office of the Planning and Development Services Department, where they will be available for public inspection.
E. Appeals to the Zoning Determination
1. A
to a zoning determination can appeal the determination;
3. Notice of intent to appeal, including a statement explaining the reason for the appeal, must be filed with the Planning and Development Services Department no later than 14
after the effective date of the zoning determination; and,
4. The complete appeal application is due no later than 30
after the effective date of the zoning determination.