The purpose of requiring administrative approval of certain enumerated uses is to determine whether or not, in any particular case, a use listed under a section of district regulations entitled "Permitted Uses: Administrative Approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. This chapter sets forth the procedure for approval of such use by an administrative act where findings can be made that such use is in conformance with the intent and provisions of the district regulations and other applicable regulations of the ordinance codified in this title. The provisions of this chapter take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the permitted use or conditional uses—commission approval sections of the various districts provided in the ordinance codified in this title.

Except as provided in Sections 17.64.050 and 17.64.070 of this chapter, the provisions of Sections 17.64.010 through 17.64.060 shall apply to all uses listed as permitted uses, subject to administrative approval.

As a matter of policy, any use listed as subject to administrative approval shall be considered as if it were a permitted use in the district where listed unless otherwise found to require modifications under the review procedures provided in this chapter.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

An application for administrative approval shall be submitted to the planning department on a form prescribed by the department. The application shall include a statement of the use proposed and a site plan prepared in accordance with Chapter 17.68.

B.

The planning director shall review the proposed use to ascertain all facts pertinent thereto, and in writing, shall state either approval or approval with conditions of the proposed use, together with his/her findings and reasons for such decision within fifteen (15) working days of the filing of the application.

C.

In approving the use, the director shall impose such conditions and requirements as may be applicable as listed under Sections 17.68.080 and 17.72.060.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

The director may grant an application for administrative approval as the permit was applied for or in modified form, if, on the basis of the application and evidence submitted, the director is able to make the findings prescribed under Section 17.68.070, plus the following additional findings:

A.

That the use will not involve any process, equipment or materials which, in the opinion of the director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.

B.

That the proposed use will be harmonious with existing structures and use of land in the vicinity.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

One copy of the written decision of the director shall be signed and dated by the director and mailed to the applicant.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

In the event the applicant is not satisfied with any condition or conditions of approval imposed by the director, the applicant may submit an application to the planning commission for a conditional use permit in the manner prescribed in Chapter 17.68. In submitting an application for a conditional use permit, only that information and data required under Chapter 17.68 need be submitted which is required in addition to that previously submitted as part of the application for administrative approval.

B.

Except as provided in Subsection C, of this section, in the event the application for administrative approval is disapproved by the director, the application, upon written appeal from the applicant within ten (10) days following the notice of the decision date pursuant to the provisions in Section 17.64.040 this chapter, shall automatically become an application for conditional use permit and shall be processed in the manner prescribed in Chapter 17.68. The applicant shall submit such additional information and data required by the provisions of Chapter 17.68 as not previously submitted with his/her application for administrative approval, within five (5) days following the filing of an appeal.

C.

Appeals filed in the event of director disapproval of an application for a mobilehome on a permanent foundation shall be processed as provided under Subsections D., E., and F. of this subsection.

D.

Within ten (10) days following the date of a decision by the director, the decision may be appealed in writing to the planning commission by the applicant or any interested party. An appeal shall be filed with the planning department, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the director, or wherein the decision is not supported by the evidence in the record.

E.

The director shall give notice in writing to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the commission.

F.

The commission shall hear the appeal at its next regular meeting to be held not less than fourteen (14) days after the filing of the appeal. The commission may affirm, modify or reverse a decision of the director, provided that if the decision is modified or reversed, the commission shall, on the basis of the record and such additional evidence as may be submitted, make the determination required under Section 17.68.070 of this title.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for non-compliance by the building official. Within thirty (30) days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions as approved.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Application. The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths, sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in Subsection B. of this section.

B.

Procedure.

1.

The routes of proposed gas or electric transmission lines shall be submitted to the planning department for review and recommendations. The department shall confine its review to the route, placement and height of such towers or lines and the effect on land use. Power transmission lines shall be those lines which are intended to transmit gas or electric energy from the source of such energy to a receiving substation, or from a receiving substation to a distribution substation.

2.

Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the director for review and recommendations:

a.

The location of the proposed route.

b.

Type of towers and transmission lines.

c.

Approximate height of towers or size of lines.

d.

Widths of rights-of-ways.

e.

Other pertinent data.

3.

The director may, when in the public interest, recommend such modifications as deemed necessary to protect the health, safety and welfare.

4.

The director shall complete the review and make findings within sixty (60) days after the filing of said plans and data.

C.

Appeals. The recommendations of the director may be appealed to the planning commission within ten (10) days of the completion of the review and findings. The appeal shall be placed on the agenda of the commission's next regular meeting. The commission shall review the findings and recommendations and shall act to uphold, modify or disapprove the recommendations of the director.

D.

Effect of Regulations. These regulations are intended to provide constructive advice by the city to a public utility engaged in the routing of electrical or gas transmission lines through the city, thereby assisting in the selection of those transmission line routes which will best meet the needs of the public health, safety and general welfare.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)