(A)   This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this chapter by establishing procedures for approval, conditional approval, or disapproval of design reviews, use permit, administrative use permit and variance applications.

   (B)   The purpose of design review is to promote the orderly and harmonious development of the city, the stability of land values and investments, and the general welfare and to encourage and promote the highest quality of design and site planning to delight the user and others who come in contact with uses and structures in the city.

   (C)   Design review plans are required for all new development and additions to existing structures, unless the Zoning Administrator finds that the addition is non-controversial, minor, and does not involve a substantial alteration to the existing structure. Design review is not required for the construction or alteration of a single-family residence unless within a planned development regulating the architectural style of the dwelling.

   (D)   Use permits are required for use classifi-cations typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

   (E)   Administrative use permits may be granted by the Zoning Administrator for minor projects if it can be determined that such projects comply with the provisions of this chapter.

   (F)   Variances are intended to resolve practical difficulties or physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geo-graphic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.

   (G)   Authorization to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this chapter is provided by the use permit/administrative use permit process for specified uses and by the authority of the Zoning Administrator to determine whether a specific use belongs within one or more of the use classifications listed in this chapter.

(Ord. 897-C-S, passed 10-25-94)

   (A)   The Planning Commission or the Zoning Administrator, as the case may be, shall hold a public hearing on an application for a use permit or variance. An application for an administrative use permit shall be acted upon by the Zoning Admini-strator without a public hearing being held. Similarly, design review shall not require a public hearing.

   (B)   The Zoning Administrator shall set a tentative time and place for a public hearing to be held within 90 calendar days of receiving a completed application.

   (C)   Notice of the hearing shall be given in the following manner:

      (1)   Mailed or delivered notice. At least 10 calendar days prior to the hearing a notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site subject as shown on the last equalized property tax assessment role. This noticing area may be expanded if the application is perceived to have impacts beyond a 300 foot radius. Where environmental review requires more extensive noticing, it can occur simultaneously.

      (2)   Posted notice. Notice shall be posted 10 days prior to the hearing at the Planning Depart-ment and in one newspaper of general circulation. Where environmental review requires more extensive noticing, it can occur simultaneously.

   (D)   The notice of public hearing shall contain:

      (1)   A description of the location of the development site and the purpose of the application;

      (2)   A statement of the time, place, and purpose of the public hearing;

      (3)   A reference to application materials on file for detailed information; and

      (4)   A statement that any interested person or an authorized agent may appear and be heard.

   (E)   When applications for design review, use permits, variances or combinations thereof are filed at the same time for a single site, the city may schedule a combined public hearing.

(Ord. 897-C-S, passed 10-25-94)

   (A)   The Planning Commission or the Zoning Administrator, as the case may be, shall approve an application for a use permit or variance as it was applied for or in modified form as required by the reviewing and approving body.

   (B)   On the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Zoning Administrator shall find all of the following:

      (1)   For use permits.

         (a)   That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity;

         (b)   That the use applied for at the location indicated is properly one for which a use permit is authorized;

         (c)   That the site for the proposed use is adequate in size and shape to accommodate such use, and all yard spaces, walls, fences, parking, loading, landscaping, and other features required, to other uses in the neighborhood;

         (d)   That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use; and

         (e)   That the granting of such use permit will not adversely affect the comprehensive General Plan.

      (2)   For variances.

         (a)   That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;

         (b)   That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improve-ments in such zone or vicinity;

         (c)   That because of special circum-stances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under the identical zone classifications; and

         (d)   That the granting of such variance will not adversely affect the comprehensive General Plan.

      (3)   For Design Review and Administrative Use Permit. No findings are necessary for Design Review Board action or for administrative use permits.

(Ord. 897-C-S, passed 10-25-94)

   (A)   Purpose. The provisions of this section allow for an administrative review of requests to vary from the general setback requirements contained in the Municipal Code by a maximum of 25% of the required setback. Variance requests which are over 25% of the required setback shall require a public hearing as specified in Article 27.

   (B)   Application. An application for an administrative variance shall be filed using the general variance application provided by the Community Development Department. It is the responsibility of the applicant to provide evidence in support of the required findings.

   (C)   Jurisdiction. The Zoning Administrator shall have the authority to consider and act on a request for an administrative variance. The Zoning Administrator shall issue a written determination within 30 days of the date of receipt of a completed application and may approve the variance, subject to conditions of approval, or deny the request. All written determinations shall give notice of the right to appeal.

   (D)   Notice. Notice of the variance request shall be given to property owners immediately adjacent (both sides and to the rear) to the project site. Notices shall be mailed out as soon as reasonably practicable after the application has been deemed complete.

   (E)   Findings. The Zoning Administrator may approve an administrative variance only after making all of the findings contained in § 9-5.2703(B)(2) in the affirmative.

(Ord. 994-C-S, passed 4-23-02)

   In approving a design review, use permit, administrative use permit or variance, the Planning Commission, Design Review Board, or the Zoning Administrator may impose reasonable conditions necessary to:

   (A)   Achieve the general purposes of this chapter and/or the specific purposes of the zoning district in which the site is located, and/or to make it consistent with the General Plan;

   (B)   Protect the public health, safety, and general welfare; and/or

   (C)   Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties and/or in the surrounding area.

(Ord. 897-C-S, passed 10-25-94)

   (A)   Administrative use permits shall become effective immediately upon the action of the Zoning Administrator, unless otherwise specified by that action. Appeals may be considered in the manner outlined below.

   (B)   A use permit or variance shall become effective at the end of the appeal period, unless appealed in accord with the following:

      (1)   In the event that applicant or others affected are not satisfied with the action of the Zoning Administrator, they may appeal to the Commission. Such appeal shall be in writing and shall be filed with the Director of Development Services within five working days after the decision. The day the decision is made shall not count in the calculation of the time period. The term WORKING DAYS shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall. If, after a hearing by the Commission, the applicant or others affected are not satisfied with the decision of the Commission, they may appeal to the Council within five working days after the decision in accord with this section.

      (2)   The Commission or Council, whichever is appropriate for the appeal, acting through the Director of Development Services or the City Clerk, shall set the date for a public hearing and shall give notice as set forth in this chapter. Notice shall also be given the Commission or Zoning Administrator of such appeal, and the Commission or Zoning Administrator, whichever is appropriate, shall submit a report to the Commission or Council setting forth the reasons for the action taken.

      (3)   The Council or Commission shall render its decision within 60 days after the filing of such appeal, unless the time period is extended by stipulation.

      (4)   No building permit shall be issued in any case where a use permit or variance is required by the provisions of this chapter until five working days after the granting of such use permit or variance by the Commission or Zoning Administrator. In the event of an appeal, no such building permit shall be granted until the appeal process has been completed. Building permits issued pursuant to the provisions of this article shall conform to the terms and conditions of the use permits or variances granted.

      (5)   All appeals to the Commission or Council from the Design Review Board, Zoning Administrator or Commission shall be accompanied by a filing fee as specified by resolution. The City Clerk shall waive the filing fee upon satisfaction that the appellant is indigent.

(Ord. 897-C-S, passed 10-25-94)

   In the event the applicant or other person is not satisfied with the architectural design criteria estab-lished by the Design Review Board, they may, within five days after such decision, appeal in writing to the Council in the same manner as an appeal for a use permit or variance, except that the appeal to the Council shall not be a public hearing.

(Ord. 897-C-S, passed 10-25-94)

   (A)   A design review, use permit, administrative use permit, or variance shall lapse one year after date of approval or at an alternative time specified as a condition of approval:

      (1)   A building permit has been issued and construction has diligently commenced thereon and has not expired;

      (2)   A certificate of occupancy has been issued;

      (3)   The use is established; or

      (4)   The design review, use permit, admini-strative use permit or variance is renewed per division (D) of this section.

   (B)   Unless otherwise specified by a condition of approval, the validity of a design review, use permit, administrative use permit or variance shall not be affected by changes in ownership as long as the use or structure is substantially similar or the same as originally approved and, in the case of a use permit or administrative use permit, the use is a conforming one. If the site remains unused for a continuous one-year period, however, the use permit, admini-strative use permit or variance is considered expired and a new approval is necessary. Nonconforming non-residential uses with previously approved use permits/administrative use permits (e.g., those no longer conforming with the underlying zoning or General Plan designation) shall be subject to review upon changes in ownership or tenancy.

   (C)   A design review, variance or use permit may be renewed or extended by the Zoning Administrator for a one-year period without notice or public hearing, if the findings required remain valid and application is made prior to expiration. No more than two one year extensions may be granted.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1017-C-S, passed 3-23-04)

   (A)   Revocation. A design review, use permit, or variance that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as follows: the Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 15 days prior to the hearing.

   (B)   Imposition of fine. In lieu of revoking a design review, use permit or variance, the Commission may impose an administrative fine of not more than $2,500 for each day that a violation has occurred. Before imposing any such fine, the city shall give the entitlement holder at least 15 days' advance written notice of the date, time and place where the Commission will consider the action, along with a specification of the violation and the proposed amount of fines. The permit holder shall be given theopportunity to address the Commission and to provide any information or argument regarding the matter. Any fine shall be a civil debt owed to the city and may be collected through proceedings in a court of competent jurisdiction. Any fine may be collected in connection with a nuisance abatement action or with the issuance of an injunction.

(Ord. 1017-C-S, passed 3-23-04)

   (A)   A request for changes in conditions of approval of a design review, use permit or variance, or a change to site plans that would affect a condition of approval, shall be treated as a new application unless the Zoning Administrator finds that the changes to the approved plans are non-controversial, minor, do not involve substantial alterations or additions to the plans, and are consistent with the intent of the original approval.

   (B)   If an application for a design review use permit or variance is disapproved, no new application for the same, or substantially the same, design review, use permit or variance shall be filed within one year of the date of denial of the initial appli-cation, unless the denial was made without prejudice.

(Ord. 897-C-S, passed 10-25-94)

   Unless provided for elsewhere in this chapter, temporary use permits shall be processed in the same manner as administrative use permits.

(Ord. 897-C-S, passed 10-25-94)