Fowler Municipal Code Art. 24 Uses Permitted by Administrative Approval

Certain uses listed in this chapter are permitted only when subject to review and approval by the Director. Buildings, structures and land shall be used, designed, erected, altered, or enlarged for the purposes so listed in the district in which such building or land is located only after review and approval by the Director as provided in this chapter.

When an application for a use permitted subject to administrative review and approval is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

A. The Director shall review the proposed use and, in writing, state his approval or disapproval of the proposed use, together with his findings and reasons for such decision, within ten (10) days of the filing of such request. At his or her discretion, the Director may refer the proposed use directly to the Commission for a public hearing and decision. If the proposed use is referred to the Commission, it shall be treated as a use subject to a conditional use permit and the procedures set forth in Article 25 shall be followed.

B. In approving a use, the Director shall first make a finding that all of the following conditions exist:

1. That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood;

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and

3. That the proposed use will not be detrimental to the character of the development in the immediate neighborhood.

C. If an application is approved by the Director, the owners of property within a radius of three hundred (300) feet from the exterior boundaries of the property described in the application shall be notified in writing of the decision.

D. All notices required by this section shall also be sent in the manner prescribed above to the members of the Commission and the Council.

A. No decision of the Director shall be effective until a period of ten (10) days has elapsed following the written notice of his or her decision. During this period, any property owners notified, any member of the Commission or the Council, or the applicant may file an appeal to the Commission. The appeal shall be filed in writing and set forth the reason for such appeal.

B. The Commission shall hear such appeal of the Director's decision within forty (40) days after the date of the filing of such appeal.

C. No decision of the Commission shall be effective until a period of ten (10) days has elapsed following the written notice of its decision.

D. During this period, any property owners notified or the applicant may file an appeal to the Council. The appeal shall be filed in writing and set forth the reason for such appeal.

E. The Council shall hear such appeal of the Commission's decision within forty (40) days after the date of the filing of such appeal. The Council's decision shall be final.

F. The applicant shall be notified in writing at the address shown on the application of the Director's decision; of the Commission's decision if an appeal is made; or of the Council's decision if an appeal is taken from the Commission's decision.

G. If an application is disapproved by the Director, or by the Commission if appealed, or by the Council if an appeal is taken from the Commission's decision, a record of such disapproval shall be made and kept on file.