This chapter identifies and provides the procedures, decision standards, and other matters for the review of class I use applications. Class I uses are hereby determined to be temporary uses for the purposes of this title, and all other land use ordinances. (Ord. 2005-13, 2005)

   (1)   The zoning administrator is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class I use applications, except class I use applications proposed on any sensitive lands areas.

   (2)   The sensitive lands committee is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class I use applications proposed on any sensitive lands areas. (Ord. 2005-13, 2005)

   (1)   Requests to establish a class I use shall be made on a class I use application.

   (2)   A property owner may present a class I use application for review and decision. An agent of the property owner, or a lessee of the property, may present a class I use application for review and decision, provided such application is accompanied by a property owner affidavit of authorization.

   (3)   Class I use applications shall be determined complete by the zoning administrator, as provided by chapter 13 of this title. For class I use applications determined to be incomplete, the zoning administrator shall comply with the requirements of chapter 13 of this title. (Ord. 2005-13, 2005)

The following class I use application information shall be provided:

   (1)   A complete class I use application.

   (2)   Three (3) copies of a site plan, drawn at a scale of one inch equals forty feet (1" = 40'), or as required by the zoning administrator, identifying the following:

      (a)   The location and dimension of the property and all proposed uses and buildings, all existing buildings or structures located on the property, and existing buildings and structures located within one hundred feet (100') of the property. Existing property lines and existing fence lines shall be shown.

      (b)   The location of all roads and streets adjoining the site, and including any permits as required by Washington County or the state department of transportation, as applicable.

      (c)   The location and dimension of all proposed ingress and egress points, off street parking and loading areas, including the total number of parking and loading spaces.

   (3)   Other information, as may be required by the zoning administrator, necessary to review the class I use application. (Ord. 2005-13, 2005)

Class I use applications proposed on any sensitive lands areas shall provide the same information required by section 16.14.104 of this chapter, and other information required by chapter 8 of this title, as determined necessary by the sensitive lands committee to review the class I use application. (Ord. 2005-13, 2005)

   (1)   The procedures for review of a class I use application, except those proposed on any sensitive lands areas, are identified by figure 14-1 in this chapter.

   (2)   The zoning administrator shall review the application and determine if the application:

      (a)   Is a class I use within the zoning district, as identified in the tables of uses (chapter 33 of this title).

      (b)   Complies with all requirements applicable to the zoning district, including minimum area, setbacks, height, and all other requirements.

      (c)   Does not propose any use, building or structure on any sensitive lands areas.

      (d)   The use is proposed for a maximum period of forty five (45) days, such use being discontinued after the expiration of forty five (45) days.

   (3)   Upon a finding by the zoning administrator that the proposed class I use complies with the requirements of this chapter, and the proposed use can be adequately serviced by the existing public facilities (see section 16.11.111 of this title), the class I use application shall be approved, with or without requirements.

   (4)   Upon a finding by the zoning administrator that the proposed class I use does not comply with the requirements of this chapter, or the proposed use cannot be adequately serviced by the existing public facilities, the class I use application shall be denied. (Ord. 2005-13, 2005)

   (1)   The procedures for the approval or denial of a class I use application proposed on any sensitive lands areas are identified by figure 14-2 in this chapter.

   (2)   The sensitive lands committee shall review the application and determine if the application:

      (a)   Is a class I use within the zoning district, as identified in the tables of uses (chapter 33 of this title).

      (b)   Complies with all requirements applicable to the zoning district, including minimum area, setbacks, height, and all other requirements.

      (c)   Complies with all requirements of chapter 8 of this title, as applicable.

      (d)   The use is proposed for a maximum period of forty five (45) days, such use being discontinued after the expiration of forty five (45) days.

   (3)   Upon a finding by the sensitive lands committee that the proposed class I use application complies with the standards and requirements of this chapter, and the proposed use can be adequately serviced by the existing public facilities (see section 16.11.111 of this title), the class I use application shall be approved, with or without requirements.

   (4)   Upon a finding by the sensitive lands committee that the proposed class I use does not comply with the requirements of this chapter, or the proposed use cannot be adequately serviced by the existing public facilities, the class I use application shall be denied. (Ord. 2005-13, 2005)

   (1)   The zoning administrator shall maintain all class I use application approvals on file.

   (2)   The zoning administrator or sensitive lands committee recording secretary shall maintain all class I use application approvals on sensitive lands areas on file. (Ord. 2005-13, 2005)

   (1)   Approval of a class I use application by the zoning administrator shall authorize the establishment of the approved use, subject to any requirements of approval.

   (2)   Approval of a class I use application by the sensitive lands committee shall authorize the establishment of the approved use, subject to any requirements of approval. (Ord. 2005-13, 2005)

   (1)   Any person aggrieved by a decision of the zoning administrator regarding a class I use application may appeal the decision to the commission, as provided by chapter 30 of this title.

   (2)   Any person aggrieved by a decision of the sensitive lands committee regarding a class I use application proposed on any sensitive lands areas may appeal the decision to the city council, as provided by chapter 30 of this title. (Ord. 2005-13, 2005)

No class I use application approval shall be amended. The procedure for amending any class I use application approval shall be the same procedure to approve the class I use application in the first instance (see section 16.13.110 of this title). (Ord. 2005-13, 2005)

A class I use application approval shall be revoked upon a finding of noncompliance, as provided by sections 16.03.116 and 16.03.117 of this title, by the zoning administrator. (Ord. 2005-13, 2005)

See section 16.03.115 of this title.

   FIGURE 14-1

   CLASS I USE APPLICATION PROCEDURES

   (EXCEPT THOSE PROPOSED ON SENSITIVE LANDS AREAS)

 

   FIGURE 14-2

   CLASS I USE APPLICATION PROCEDURES PROPOSED ON

   SENSITIVE LANDS AREAS

 

(Ord. 2005-13, 2005)