Each application for a conditional use permit, conditional development permit, variance, or appeal shall be accompanied by the following:
(a) 
A reference to the specific provisions of this chapter which are involved;
(b) 
As the case may be:
(1) 
A description of the use for which the conditional use permit, or conditional development permit is sought; or
(2) 
The details of the variance applied for and the grounds upon which the claim is made; or
(3) 
The interpretation claimed or decision made on which the appeal is filed;
(c) 
A filing fee and a deposit for services as adopted by resolution of the Council.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 339, eff. November 3, 1990)
Any interested party may appeal the decision of an administrative official in the administration or enforcement of the provisions of this title to the Planning Commission by filing a written notice of appeal with the City Clerk within 14 days of the date of the decision. Any member of the Council or any two members of the Planning Commission may file such an appeal within such timeframe without the payment of a fee. All appeals shall be in accordance with the provisions of Section 10-1.1001 and subject to public hearing by the appropriate body pursuant to the provisions of Section 10-1.1005 of this article. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant. All actions by the Planning Commission shall be in accordance with the provisions of Section 10-1.1006 of this article.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 339, eff. November 3, 1990; § 2, Ord. 592, eff. April 17, 2021)
The Planning Commission or a Staff Committee, comprised of the Zoning Administrator and the City Manager or designee shall act as the permitting body for variance applications, as described in Section 10-1.1007(2) of this article. The Staff Committee or Planning Commission shall hold a public hearing on each application for a variance. Notice of such hearing shall be in accordance with the provisions of Section 10-1.1005 of this article. All actions taken shall be in accordance with the provisions of Sections 10-1.1006 and 10-1.1007 of this article.
(§ 1, Ord. 305, eff. October 3, 1986, § 3, Ord. 314, eff. November 6, 1987)
Notices of public hearings shall be posted in at least three public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 500 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the county assessor or tax collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Planning Commission.
(§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 351, eff. May 15, 1992)
Following the approval or denial of an appeal, a site development or a zoning permit, or a recommendation to the City Council related to a conditional use permit, Zoning Code amendment or General Plan amendment, the Planning Commission shall transmit a record of its action to the City Council and the City Clerk. The transmittal shall state the full record of the findings made and shall be filed in the office of the City Clerk by appropriate reference.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 372, eff. August 19, 1994; § 2, Ord. 592, eff. April 17, 2021)
Conditional use permits may be granted only when facts are established which support the findings required by the provisions of this section.
(a) 
Findings. Conditional use permits shall be granted by the City Council only when it is found that:
(1) 
The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity;
(2) 
The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or, will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area;
(3) 
The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and
(4) 
The proposed use will not adversely affect the abutting property or the permitted use thereof.
(b) 
Conditions. Every conditional use permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and secure the objectives of the General Plan and this chapter.
(§ 1, Ord. 305, eff. October 3, 1986, § 4, Ord. 314, eff. November 6, 1987; § 2, Ord. 372, eff. August 19, 1994)
The Staff Committee comprised of the Zoning Administrator and City Manager or designee (herein called the "Staff Committee") and Planning Commission are empowered to grant variances from the requirements of this title. The Staff Committee or Planning Commission shall act as the authority to grant variances as specified in subsections (d) and (e) below.
(a) 
Purpose. The purpose of the variance is to resolve practical difficulties or undue hardships, not of the applicant's own making, which may result from the exceptional size, shape, topography, location, or other physical site conditions, or the use or development of property in the immediate vicinity. In this context, personal, family, or financial difficulties, loss of prospective profits and neighboring violations are not practical difficulties or hardships justifying a variance. In some cases, the location of existing structures may result in a practical difficulty or hardship.
(b) 
Findings. The Staff Committee or Planning Commission may grant the requested variance in whole or in part only if, from the application or the facts presented at the public hearing, it can affirmatively find that all of the following four requirements have been met:
(1) 
That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
(2) 
That upon the granting of the variance, the intent and purpose of the applicable sections of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners;
(3) 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district;
(4) 
That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property.
(c) 
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity within the same zoning district.
(d) 
The Staff Committee shall act as the permitting body for all applications involving the following:
(1) 
Maximum Development Area (MDA). Requests to exceed MDA by 500 square feet or less;
(2) 
Maximum Floor Area (MFA). Requests to exceed MFA by 150 square feet or less;
(3) 
Setbacks. Requests for encroachments into any setback of two feet or less and measuring 150 square feet of floor area or less;
(4) 
Fences and Walls. Requests to locate fences on the roadway side of the "reference line" defined in Section 10-1.504(d)(1).
(e) 
The Planning Commission shall act as the permitting body for all variance applications involving the following:
(1) 
Maximum Development Area (MDA). Requests to exceed MDA by more than 250 square feet;
(2) 
Maximum Floor Area (MFA). Requests to exceed MFA by more than 150 square feet;
(3) 
Setbacks. Requests for encroachment into any setback of more than two feet and measuring less than 150 square feet of floor area;
(4) 
Height. All requests for height envelope encroachments, to exceed maximum height of 27 feet and/or to exceed special height limitation of 35 feet;
(5) 
Others. All other variance applications not specified above, and any applications referred to the Planning Commission by the Zoning Administrator.
(§ 1, Ord. 305, eff. October 3, 1986; § 5, Ord. 314, eff. November 6, 1987; § 3, Ord. 326, eff. September 16, 1988)
(a) 
On substandard lots, due to the difficulty of accommodating development which meets the objectives and standards of the Town, any lot which has a lot unit factor of .50 or less shall require a Conditional Development Permit from the Planning Commission. In addition, any lot significantly constrained by a human habitation setback for geologic hazard areas or a nonhuman habitation setback for noise shall require a Conditional Development Permit from the Planning Commission, unless the Zoning Administrator finds that the lot is not significantly constrained by such setback or zone. Prior to the granting of any permit, the Planning Commission must find that:
(1) 
The site for the proposed development is adequate in size, shape and topography to accommodate the proposed intensity of development, including all structures, yards, open spaces, parking, landscaping, walls and fences, and such other features as may be required by this chapter.
(2) 
The size and design of the proposed structures create a proper balance, unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood;
(3) 
The rural character of the site has been preserved as much as feasible by minimizing vegetation and tree removal, excessive and unsightly grading and alteration of natural land forms.
(4) 
The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance.
(b) 
Every Conditional Development Permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and to secure the objectives set forth in the findings above. Such conditions may include, but are not limited to, reduction in Maximum Development Area allowed, reduction in Maximum Floor Area allowed, installation of landscaping, and resisting of structures.
(§ 1, Ord. 305, eff. October 3, 1986; § 6, Ord. 314, eff. November 6, 1987; § 1, Ord. 337, eff. September 14, 1990; Ord. 338, eff. September 19, 1990; § 1, Ord. 341, eff. January 4, 1991)
(a) 
Actions of the Staff Committee shall become final at 4:00 pm on the fourteenth (14th) day following the action unless an appeal is filed in accordance with Section 10-1.1009.
(b) 
Actions of the Planning Commission shall become final at 4:00 pm on the twenty-first (21st) day following the action, unless an appeal is filed in accordance with Section 10-1.1009 or Section 10-1.1010.
(§ 1, Ord. 305, eff. October 13, 1986; § 7, Ord. 314, eff. November 6, 1987; § 1, Ord. 348, eff. August 16, 1992; § 3, Ord. 372, eff. August 19, 1994; § 1, Ord. 448, eff. June 25, 2006; § 2, Ord. 592, eff. April 17, 2021)
(a) 
Any interested party may appeal a decision of the Staff Committee to the Planning Commission by filing a written notice of appeal with the City Clerk within 14 days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee.
(b) 
Any interested party may appeal a decision of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within 21 days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any Councilmember may file an appeal without payment of a fee.
(c) 
The City Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1.1005 to consider the appeal. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(d) 
In the event that the appeal deadlines in subsections (a) and (b) of this section occur on a weekend or Town observed holiday, the deadline shall be extended to the next business day at 4:00 pm.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 312, eff. June 5, 1987; § 8, Ord. 314, eff. November 6, 1987; § 3, Ord. 339, eff. November 3, 1990; § 2, Ord. 348, eff. August 16, 1992; § 4, Ord. 372, eff. August 19, 1994; § 1, Ord. 404, eff. December 4, 1999; § 2, Ord. 592, eff. April 17, 2021)
(a) 
If the City Council holds a meeting within 21 days of a Planning Commission action, the City Clerk shall note the decision on the meeting agenda and the City Council may discuss the action taken for the sole purpose of eliciting any desired information, following which any member of the Council may appeal the matter to the City Council by noting so on the record.
(b) 
If the City Council does not meet within 21 days of a Planning Commission action, the City Clerk shall give written notice of the decision to each Councilmember after receiving the transmittal of the record pursuant to Section 10-1.1006. Included in that notice shall be the date by which a written appeal must be received by the City Clerk in accordance with Section 10-1.1009.
(c) 
If a Councilmember appeals the matter to the City Council, the Council shall hold a public hearing in accordance with the provisions of Section 10-1.1005. A public hearing shall be set no later than 45 days after the date of the submission of a written appeal, unless time is waived by the Councilmember or project applicant.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 312, eff. June 5, 1987; § 3, Ord. 348, eff. August 16, 1992; § 5, Ord. 372, eff. August 19, 1994; § 2, Ord. 592, eff. April 17, 2021)
An application for a conditional use permit, conditional development permit, variance, or appeal which has been denied by the Staff Committee, Planning Commission or Council which is substantially similar to one which has been so denied may not be resubmitted by the applicant within a period of one year from the date of the final action.
(§ 1, Ord. 305, eff. October 3, 1986; § 9, Ord. 314, eff. November 6, 1987)
(a) 
Any conditional development permit or variance granted in accordance with this article shall expire unless a building permit has been procured within one year of the effective date of the conditional development permit or variance. Any conditional use permit granted in accordance with this article shall expire unless the authorized use has been commenced at the site within one year of the effective date of the use permit.
(b) 
Demolition or substantial alteration of structures authorized by a variance or conditional development permit shall void the variance or conditional development permit, unless all permits necessary to replace or repair the structures in essentially the same form as originally authorized are acquired within one year of the destructive or damaging incident.
(c) 
Cessation of activity at the site of a conditional use permit for more than one year shall void the use permit.
(d) 
The Zoning Administrator, or designee, may, if the permittee presents satisfactory evidence of unusual difficulties relative to the permit or variance, grant a reasonable extension of time if a request is made before the expiration date of the permit or variance. The City Council may grant a reasonable extension of time if a written application is made after the expiration date of the permit or variance; provided, however, that the City Council's decision shall only be made after a noticed public hearing in accordance with Section 10-1.1005.
(§ 2, Ord. 333, eff. June 15, 1990)
Amendments to this chapter shall be made pursuant to the applicable provisions of State law.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 333, eff. June 15, 1990)