(1) Administrative uses fall into three categories:
(a) Designated as ACUP in the zoning district standards or otherwise
provided for in this Zoning Ordinance;
(b) Up to 25% cumulative expansions of nonconforming uses (see Section
27.23.030); and
(c) Up to 25% cumulative expansions of existing CUPs.
(2) Application.
(a) A completed application shall be submitted to the Zoning Administrator.
(b) The application shall contain:
1. A certified list of property owners within 150 feet (excluding adjacent
rights-of-way);
2. The fee as established by the City Council; and
3. Other information as requested by the Zoning Administrator.
(3) The Zoning Administrator shall:
(a) Accept the completed application;
(b) Mail written notice to all property owners within 150 feet of the
subject property providing at least 15 days for formal comment (where
the subject property abuts a public right-of-way, the 150 foot measurement
shall be in addition to the right-of-way along the abutting side);
and
(c) Review the application pursuant to the review criteria contained
in this chapter.
(4) If no public comment is received, the Zoning Administrator shall
approve, conditionally approve, or deny the application as appropriate.
(5) If public comment is received, the Zoning Administrator shall contact
the applicant.
(a) If the comment can be satisfactorily resolved by additional information
or appropriate conditions, the Zoning Administrator shall approve,
conditionally approve, or deny the application as appropriate.
(b) If the comment is of substance and cannot be mitigated, the Zoning
Administrator shall schedule the Conditional Use Permit for the next
available Planning Board public hearing and follow the procedures
as outlined above for the processing of an application for a full
CUP.
(6) If the applicant wishes to appeal the Zoning Administrator's decision regarding the application, the application shall be forwarded to the Planning Board for consideration. Their recommendation shall be forwarded to the City Council for a determination as to whether the permit should be approved, conditionally approved, or denied. Any appeal by the applicant must be submitted in writing to the Zoning Administrator within 30 days from the date the permit was issued or denied. The applicant shall be responsible for paying a fee equal to the difference between an Administrative and a full Conditional Use Permit at the time the request for appeal is submitted. Any application forwarded to the Planning Board shall be processed as a full Conditional Use Permit, including, but not limited to, public notice as provided in Section
27.33.030.
(Ord. 1677, 7-19-2010; amd. Ord. 1771, 6-6-2016)
Failure to comply with the terms and/or conditions of a Conditional
Use Permit is a violation of the Zoning Ordinance in addition to a
violation of any other applicable ordinance or policy.
(Ord. 1677, 7-19-2010)
The burden of proof for satisfying the aforementioned criteria
considered for approval shall rest with the applicant and not the
City Council. The granting of the Conditional Use Permit is a matter
of grace, resting in the discretion of the City Council and a refusal
is not the denial of a right, conditional or otherwise.
(Ord. 1677, 7-19-2010)
Every decision of the City Council pertaining to the granting,
denial or amendment of a request for a Conditional Use Permit shall
be based upon "Findings of Fact," and every finding of
fact shall be supported in the records of its proceedings.
(Ord. 1677, 7-19-2010)