Chapter 10.88

ADMINISTRATIVE REVIEW APPLICATION

SECTION:

This Chapter establishes the procedures for approval of land uses, including temporary land uses, by an administrative act where findings can be made that such land use complies with the intent and provisions of the zoning district regulations and other applicable regulations of this Title. The provisions of this Chapter recognize the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the allowed uses or conditional uses sections of the various zoning districts provided in this Title. (Ord. 2024-001, 9-10-2024)

A. Except as provided in this Chapter, the provisions of this Chapter shall apply to all land uses subject to administrative approval.

B. Any land use subject to administrative approval shall be considered as if it were an allowed land use in the zoning district where listed unless otherwise found to require modifications under the review procedures provided in this Chapter. (Ord. 2024-001, 9-10-2024)

A. An application for administrative approval shall be submitted to the Community Development Director. The application shall include a statement of the land use proposed and a site plan prepared in substantial compliance with Chapter 10.96 (Site Plan Review). The application shall be accompanied by a fee in accordance with the City's Master Fee Schedule.

B. The Community Development Director shall review the proposed land use and shall make a written statement approving or approving with conditions, the proposed land use, together with their findings, within forty-five (45) calendar days (excluding City-recognized holidays) of the filing of the application.

C. In approving the land use, the Community Development Director shall impose any applicable conditions and requirements listed under this Article. (Ord. 2024-001, 9-10-2024)

A. Findings. The Community Development Director shall approve or conditionally approve an application for administrative approval, if, based on the application and evidence submitted, they are able to make the following findings:

1. The proposed use will not involve any process, equipment, or materials which, in the opinion of the Community Development Director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water carried wastes, noises, vibration, illumination, glare or unsightliness, or to involve any hazard of fire or explosion.

2. The proposed use will be harmonious with existing structures and use of land in the vicinity.

B. Notice of Decision. One (1) copy of the written decision of the Community Development Director shall be signed and posted on the City's website. (Ord. 2024-001, 9-10-2024)

A. If an applicant is not satisfied with any of the conditions of approval imposed by the Community Development Director, the applicant shall submit an application to the Community Development Department for a Conditional Use Permit in the manner prescribed in Chapter 10.100 (Conditional Use Permit). Said application shall be accompanied by a fee in accordance with the City's Master Fee Schedule. In applying for a Conditional Use Permit, only that information and information required under Chapter 18 of this Title need to be submitted which is required in addition to materials submitted as part of the application for administrative approval.

B. If an application for administrative approval is denied by the Community Development Director, the applicant shall submit a written appeal within ten (10) calendar days (excluding City-recognized holidays) following the notice of the decision date, at which point the application shall automatically become an application for Conditional Use Permit and shall

be submitted by the applicant and processed in compliance with Chapter 10.100 (Conditional Use Permit). Said appeal shall be considered an application for Conditional Use Permit and the fee for such shall be accompanied with the application in accordance with the City's current Master Fee Schedule. The applicant shall submit any additional information and information required by the provisions of Chapter 10.100 (Conditional Use Permit) of this Title not previously submitted with their application for administrative approval, within five (5) calendar days (excluding city-recognized holidays) following the filing of an appeal. (Ord. 2024-001, 9-10-2024)

Before a Building Permit is issued for any structure proposed as part of an approved administrative review, the Community Development Director or their designee shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the approved administrative review application and conditions of approval. (Ord. 2024001, 9-10-2024)

A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), an administrative review permit shall be suspended.

B. Notice of such suspension and of the City's intent to revoke the approved administrative review permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.

C. Within forty-five (45) calendar days (excluding city-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved site plan or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days after the public hearing.

D. A decision of the Community Development Director in compliance with this Chapter shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission in compliance with Section 27.88.050 (Appeals). (Ord. 2024-001, 9-10-2024)