§ 18.15

The director shall make the following findings when approving any zoning exception:

A.

That the application for the adjustment is necessary due to special circumstances or conditions pertaining to the property or to the use thereon.

B.

That the proposed adjustment is necessary in order that the owner may not be unreasonably deprived of the proper use or enjoyment of the owner's property.

C.

That the proposed adjustment would not be detrimental to the neighborhood in which the property is located.

D.

That the proposed adjustment is consistent with the general plan and the zoning and development standards of this chapter that pertain to the subject property.

(Ord. 2403 § 3, 2008; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2503, § 3, 2-4-2014; Ord. No. 2671, § 3, 11-5-2024)

18.15.050 - Conditions of approval.

In the granting of zoning exceptions, the director may impose such conditions as are deemed necessary to implement the general plan; to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; and to enable the director to make the findings required by this section.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An application for a zoning exception shall be filed with the director in a form prescribed by the director. The application shall state in writing the nature of the exception desired and explain why the findings necessary to grant the exception are satisfied. The applicant shall also submit plans delineating the requested exception. The application shall be accompanied by a fee as established by resolution of the city council.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.15.070 - Determinations/actions by director.

Determinations by the director shall be in accordance with Section 18.11.050 (Determinations/actions by director) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.15.080 - Effective date—Lapse of approval.

The effective date of a zoning exception and conditions leading to a lapse of approval are governed by the provisions of Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The applicant or any person may appeal the determination of the director to the board of administrative review (board) within ten calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the director, together with an appeal fee established by resolution of the city council. If no appeal is taken within ten days after the findings and decision of the director have been mailed, the decision of the director shall be final.

In the event an appeal is filed, the matter shall be set for hearing before the board (if the application was approved by the director) or the planning commission (if the application was approved by the board) at its next regular meeting occurring not later than nineteen calendar days after the appeal is filed; and notice of the nature, the time, and the place of such hearing shall be given by the director to the applicant, the appellant, and the owners of abutting property by first class mail at least five calendar days prior to the hearing.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.15.100 - Hearing before board of administrative review or planning commission.

The appropriate body shall hear the appeal at the time and place set forth in such notice and may continue such hearing from time to time for the purpose of considering further evidence. Not more than fourteen calendar days following the close of the hearing, a decision shall be rendered. The findings and decision may be appealed as set forth Section 18.11.090 (Appeals) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Revocation of a zoning exception shall be in accordance with procedures established in Section 18.11.110 of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002) Chapter 18.16 - VARIANCES