The purpose of this chapter is to establish the Director's authority to make administrative determinations and to grant administrative use permits and adjustments, and to set the required findings for making such decisions. (Ord. 1629, 11-16-2021)

   A.   Authority to make administrative determinations. When a use is not specifically listed as either a permitted use or conditional use under a particular zone, the Director, upon written request or upon his or her own initiative, shall determine whether said use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed either a permitted use, a conditional use or that an administrative use permit is necessary. The Director or designee may make administrative determinations, subject to the process outlined in Chapter 23 of this title.

   B.   Administrative determination findings. Before permitting or classifying an unlisted use, the Director shall first make the following findings:

      1.   The proposed use is consistent with the purpose of this Title;

      2.   The proposed use and its operation are compatible with the uses allowed in the zone; and

      3.   The proposed use is similar in impact and character to one or more permitted uses in the zone. (Ord. 1629, 11-16-2021)

   A.   Authority to grant. When a particular use is listed as subject to administrative use permit, or if the Director determines that a use not listed is similar to other uses subject to administrative use permit in a particular zone, the Director may review and grant administrative use permits, subject to the process set forth in Chapter 23 of this title.

   B.   Findings. Before granting an administrative use permit, the Director shall first make the following findings:

      1.   There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located.

      2.   The proposed use is consistent and compatible with the purpose of the zone in which the site is located.

      3.   The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

      4.   Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for.

   C.   Alcohol-related use findings: In addition to the four findings above, before an alcohol-related administrative use permit may be granted, it shall also be found that the State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant. (Ord. 1629, 11-16-2021)

   A.   Authority to grant. Whenever a strict interpretation of the provisions of this title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, the Director or designee may grant an adjustment, subject to the process set forth in Chapter 23 of this title.

   B.   Applicability. Adjustments may be granted for the following standards:

      1.   Fence or wall height to exceed permitted height by two feet.

      2.   Architectural landscape features which exceed the standards set forth in section 15-2-14 of this title.

      3.   Signs which exceed the standards set forth in Chapter 18 of this title.

      4.   Noise permits which exceed the standards set forth in section 7-2-11 of this Code.

      5.   Parking and loading space standards as set forth in Chapter 15 of this title.

      6.   Reduction of retention of a minimum of 50 percent of exterior building perimeter wall height and/or deviation from development standards for life safety purposes.

      7.   Deviation from development standards for reasonable access accommodations.

      8.   Dimensions of required open space and size of required landscaping area within required open space in the Multi-Family Residential (R-3) Zone as set forth in section 15-4C-5 of this title.

      9.   Building height to exceed the maximum allowable height by not more than five feet.

   C.   Findings. Before granting an adjustment, the Director shall make the following findings:

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

      2.    That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property; and

      3.    That the proposed adjustment is consistent with the legislative intent of this title.