In interpreting and applying the provisions of this title, said provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare; therefore, when this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, ordinances, rules or regulations, the provisions of this title shall control.

(Ord. No. 527, § 1, 6-14-2022)

Unless another administrator is specified elsewhere in the Code, the planning director shall be responsible for the following:

A.

Establishing general procedures and preparing forms and applications for the administration of all building and land use permit decisions, including:

1.

Reviewing all applications made under this title and Title 14 for compliance with this Code, including completeness, and notifying applicants of any noncompliance;

2.

Issuing permits for activities consistent with this title, as provided in Title 14;

3.

Investigating and ruling on certain applications as provided by this Code;

4.

Investigating applications for conditional uses, variances or nonconforming use or structure variances;

5.

Maintaining an interested person list for each application; and

B.

Determining whether proposed or ongoing activities violate Titles 14, 15, 16, 17, or 18.

Related duties include:

1.

Making administrative decisions and interpretations of the policies and regulations of this Code as provided in Chapter 14.12;

2.

Making field inspections where necessary or deemed advisable or requested by the hearing examiner, planning commission or city council;

3.

Determining whether a use is prohibited under this title, and if not prohibited, the appropriate permit procedure applicable for that use;

4.

Determining violations of this title, or of any permits issued hereunder, and seeking a remedy for such violation, including enforcement under this chapter; and

C.

Assisting the city council in the effective administration and amendment of Titles 14, 15, 16, 17, and 18, including:

1.

Providing technical and administrative assistance to the planning commission, hearing examiner, and the city council as required for effective and equitable implementation of this title; and

2.

Investigating, developing, and proposing amendments to this title as deemed necessary to more effectively and equitably achieve its goals and policies, including amendment of the zoning code, critical areas ordinance, and an updated comprehensive plan.

(Ord. No. 527, § 1, 6-14-2022)

A.

With the exception of actions requiring legislative authority pursuant to Sections 17.44.020(B) and 17.44.030 or that are otherwise delegated to the hearing examiner, the planning commission shall review and make recommendation to the city council regarding applications filed under this title, and where necessary, will conduct open public record hearings to do so.

B.

The planning commission is charged with periodic review of the city's comprehensive plan, critical areas ordinance, and this title and uses and permits developed hereunder, to determine if the provisions hereof meet the goals and policies of the city comprehensive plan, and with recommending necessary amendments hereto and conducting open record public hearings thereon.

C.

The planning commission shall function as the long-range planning body of the city and may instigate action on its own accord when it deems it necessary to meet the goals and policies of the city's planning documents or to make necessary changes thereto. The planning commission shall also process and review citizen proposals to amend this Code in accordance with Chapter 14.12.

(Ord. No. 527, § 1, 6-14-2022)

A hearing examiner shall have the authority granted by Chapter 2.56 and this title to review recommendations and/or decisions as set forth herein.

(Ord. No. 527, § 1, 6-14-2022)

The city council shall have the following powers and duties under this title:

A.

Making final decisions, subject to judicial review, on applications for amendment of this title; and

B.

Initiating amendments to this title on its own initiative, and making final decisions thereon after any applicable hearing, review and recommendation; and

C.

Requiring an applicant for a permit hereunder to post a bond as authorized by this title in an amount determined by them and running to the city.

D.

Unless otherwise provided, hearing appeals from recommendations and/or decisions of the planning director, planning commission or hearing examiner.

Any interested person or administrative officer of the city may appeal to the city council from any ruling of the planning commission pertaining to an administrative interpretation when such ruling is adverse to his/her interest, by filing with the City Clerk within twenty-one (21) days from such ruling a written notice of appeal. Thereupon the chair of the planning commission shall forthwith transmit to the city council all papers constituting the record upon which the action appealed from was taken, and in addition thereto, the city council may, at its hearing, receive such further evidence as seems to be relevant. Upon due and public hearing, the city council shall have power to overrule or alter any such ruling of the planning commission pertaining to an administrative interpretation so applied for.

(Ord. No. 527, § 1, 6-14-2022)

No person, company or corporation shall erect a building or structure of any kind, or alter any building or structure already erected when said alteration is made for the purpose of changing the use or purpose of occupancy, or institute or change a property use, without first obtaining a permit, in writing, from the city. Any permit shall expire at the end of one year after issuance unless the permittee has completed the structure or structures or instituted the use authorized by said permit. The provisions of this section shall not apply to one-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet. The city council shall set by resolution, fees for structural moving applications and the following permits: building, change of use, demolition, fence, manufactured home, mechanical, and plumbing.

(Ord. No. 527, § 1, 6-14-2022)

All applications for building permits or change of use shall be accompanied by a site plan, in triplicate, drawn to scale, showing the actual dimensions of the lot to be built upon or on which a change of use is desired, also the size, the use and location of existing buildings and buildings to be erected, and such other information required by the permit instructions or the planning department as may be necessary to provide for the enforcement of this title.

(Ord. No. 527, § 1, 6-14-2022)

In some cases, circumstances may exist such that the strict application of the provisions of the zoning code may cause practical difficulties regarding the use of a property. Following the demonstration by the property owner of circumstances outlined in Section 17.44.065, the property owner may be granted a variance from the provisions of the zoning code. No variance shall be granted which would permit the establishment of a use otherwise prohibited in the zone in which the property is located.

(Ord. No. 527, § 1, 6-14-2022)

A.

Variance—Application. Application shall be made in writing by the property owner or his or her agent to the planning director on the appropriate application forms available from the planning department. The variance permit application fee shall be set by resolution of the city council.

B.

Variance—Public Hearing. A public hearing to consider a request for a variance permit shall be held pursuant to Chapter 14.12 and notice shall be given in accordance with Section 14.12.080(D).

C.

Variance Permit—Granting by Hearing Examiner. Applications for variances from the terms of the zoning ordinance, under procedures and conditions prescribed by this chapter shall be granted only if the hearing examiner finds:

1.

The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

2.

The variance shall ensure that the intent and purpose of the zoning code is maintained with regard to location, site design, appearance, landscaping and other features of the proposal; and

3.

Such variance is necessary, because the strict application of the zoning code creates unnecessary hardship and practical difficulty due to special circumstances relating to size, shape, topography, location or surroundings of the subject property and the strict application of the zoning code is found to deprive the property of rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

4.

The granting of such variance will not be materially detrimental to the environment, public interest, general welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

5.

The granting of the variance shall not be substantially based upon precedent established by illegal or nonconforming circumstances; and

6.

The variance shall not result in a de facto zone change.

D.

All variance permits shall be signed by the mayor and shall stipulate restrictions or conditions that safeguard and uphold the spirit and intent of the zoning ordinance and mitigate any adverse effect upon the neighborhood properties by reason of the variance allowed, as determined by the hearing examiner.

E.

Variance Permit—Termination of Permit. The planning director shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property in accordance with the provisions covering variance permits. Upon his or her finding that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use, then he or she, or designee, shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any order of cease and desist issued by the planning director shall be appealable in writing to the planning commission for a period of twenty-one (21) days after the issuance of the order.

F.

If not otherwise specified, any variance permit authorized shall terminate at the end of one year unless the authorized use has been established and is being actively maintained or unless construction is being actively pursued.

(Ord. No. 527, § 1, 6-14-2022)

Uses referred to in this chapter as special permit uses or designated in this chapter as conditional uses shall be permitted, enlarged or altered upon approval of the city council in accordance with the standards and procedures of this chapter. In addition to any land uses that may now or hereafter be expressly identified as conditional, conditional uses are those which may be appropriate, desirable, convenient or necessary, but which by reason of their nature, including height or bulk or the creation of traffic hazards or parking problems may be injurious to the public health, safety, welfare, comfort and convenience unless appropriate conditions are imposed.

(Ord. No. 527, § 1, 6-14-2022)

Application shall be made in writing by the property owner or his or her agent to the planning director on the appropriate application forms available from the planning department. The conditional use permit application fee shall be set by resolution of the city council.

(Ord. No. 527, § 1, 6-14-2022)

An open record pre-decision public hearing to consider a request for a conditional use shall be held following procedures pursuant to Chapter 14.12 and notice shall be given in accordance with Subsection 14.12.080(D).

(Ord. No. 527, § 1, 6-14-2022)

After the open record pre-decision public hearing before the planning commission, the planning commission shall make written findings of fact based on the evidence presented to the planning commission. A recommendation, together with a summary of the record and reasons for the recommendation shall be forwarded to the city council by the planning commission. The city council shall, after an examination of the recommendations and reasons determine to:

A.

Affirm the recommendation by granting or denying the permit based on the reasons given; or

B.

Conduct a closed-record hearing to review the entire record and recording of the testimony and take such action as, in its opinion, is indicated by such evidence; or

C.

Refer the matter to the hearing examiner for further consideration in a closed-record hearing, which may include but is not limited to, review of the planning commission recommendations and/or decisions, or any other act directed by the city council that is consistent with this title, provided, however, all final decisions shall be made by the city council.

(Ord. No. 527, § 1, 6-14-2022)

The city council, may, after application has been duly filed and after an open record pre-decision public hearing by the planning commission, grant a conditional use permit for any use designated in this chapter as a conditional use when it is found that:

A.

The proposed use is in harmony with the purpose and intent of the general plan for the physical development of the vicinity and zone in which the property on behalf of which the application was filed is located, as embodied in this title and in any plan or portion thereof adopted or proposed as part of said general plan; and

B.

The proposed use will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

Permits for conditional uses shall be signed by the planning director and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the zoning ordinance, suitable landscaping, additional off-street parking, and any other reasonable restrictions, conditions, or safeguard that would uphold the spirit and intent of the zoning ordinance, and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction, or alteration allowed.

(Ord. No. 527, § 1, 6-14-2022)

A.

The planning director shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property in accordance with the provisions covering conditional uses. Upon his or her finding that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use then he or she shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any order of cease and desist issued by the planning director shall be appealable in writing to the planning commission for a period of twenty-one (21) days after the issuance of the order.

B.

If not otherwise specified, any conditional use permit authorized shall terminate at the end of one year unless the authorized use has been established and is being actively maintained or unless construction is being actively pursued.

(Ord. No. 527, § 1, 6-14-2022)

Where permitted, the director has the authority to approve temporary use permits provided:

A.

A temporary use application is submitted and approved.

B.

A written restroom facility agreement with an adjoining commercial business is submitted. The adjoining commercial business must be lawfully in existence, including having a lawfully issued certificate of occupancy.

C.

The temporary use will be restricted to the same hours and days of operation as those of the adjoining business.

D.

The director may require a traffic and parking plan.

E.

The director may include any conditions for the temporary use permit deemed necessary in order to reasonably mitigate any adverse impacts anticipated from the permit.

(Ord. No. 527, § 1, 6-14-2022)

To defray the costs of administering this chapter, the city council may establish and adopt a fee schedule for special or project permit applications and requests for interpretation filed pursuant to this title. The applicable fee shall accompany each permit application under this chapter and any request for interpretation of this title.

(Ord. No. 527, § 1, 6-14-2022)

Circumstances may arise that make it necessary to revise zoning districts. An application for a zone change may be made when changes in economic, technological, or land use conditions have occurred which warrant modification of a zoning district.

A.

A proposal to change a zone may be initiated by a majority vote of the city council or the planning commission in regular session; or

B.

The owner or owners of any property or properties may apply in writing to the planning director for a zone change. The application shall be made in writing by the property owner or his or her agent on the appropriate application forms available from the planning department. An application fee may be established pursuant to this chapter. The application for a zone change must, at a minimum, show the following:

1.

The date the existing zone became effective;

2.

The changes in the economic, technological or land use conditions that have occurred to warrant a zone change;

3.

That the proposed zone change is not detrimental to the environment, public health, safety and general welfare;

4.

The effect the proposed zone change will have on the value and character of adjacent property;

5.

The effect on the property owner or owners if the request is not granted;

6.

Such other information the planning commission requires.

C.

Zone Change—Public Hearing. The planning director shall, upon receipt of a complete application and required fees, request an open record public hearing before the planning commission. An open record public hearing to consider a request for a zone change shall be held pursuant to Chapter 14.12 and notice shall be given according to Subsection 14.12.080(D). and by mailing by first class mail the notice of public hearing to all property owners of record within four hundred (400) feet of the subject property.

D.

Zone Change—Decision. The planning commission shall make a recommendation to the city council to approve or disapprove the proposed zone change following an open record public hearing in accordance with the standards and procedures of this chapter. The planning commission may recommend approval of a zone change when it is found that:

1.

The proposed zone change is not detrimental to the environment, public health, safety and general welfare;

2.

The proposed zone change is in harmony with the surrounding land uses and zoning district;

3.

The proposed zone change will not be detrimental to the use or development of adjacent properties or the general neighborhood;

4.

The applicant has clearly shown that changes in the economic, technological or land use conditions have occurred which warrants a zone change; and

5.

The proposed zone change will not have a negative effect on the value of adjacent property.

Within thirty (30) days of the hearing, the planning commission shall deliver its written recommendation to the city council, which will then make a final decision on the basis of the planning commission recommendation and the record. Zone change final decisions shall stipulate reasonable restrictions or conditions that would uphold the spirit and intent of the zoning ordinance and mitigate any adverse effect upon the neighborhood properties by reason of the zone change allowed. The city council may conduct a closed-record hearing on the matter or may refer the matter to the hearing examiner for further consideration in a closed-record hearing, which may include but is not limited to review of the planning commission recommendations and/or decisions, or any other act directed by the city council that is consistent with this title, provided, however, all final decisions shall be made by the city council.

E.

Zone Change—Enforcement. The planning director shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property in accordance with the provisions covering zone changes. Upon his or her finding that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use then he or she shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any order of cease and desist issued by the planning director as above provided shall be appealable in writing to the planning commission for a period of twenty-one (21) days after the issuance of the order.

(Ord. No. 527, § 1, 6-14-2022)

It is the intent of this section to provide the procedures to be used in enforcing the provisions of this title to further the purposes and objectives thereof. It shall be the duty of the planning director, or a designated representative, to interpret and enforce the provisions of this title and conditions of approval imposed by actions of the city council, planning commission or planning department. This section shall apply to any violation of this title and shall be in addition to other remedies or penalties prescribed in any other section or subsection for the violation.

A.

Civil Enforcement.

1.

Investigation of alleged violation. The planning director shall, upon receipt of a written complaint of violation from any interested citizen, investigate the claim and determine whether a violation has occurred or is occurring. The planning director may also commence investigation on its own initiative when it has reason to believe that a violation has occurred.

2.

Noncompliance. Any person who fails to conform to the terms of a permit or decision issued under this title or who undertakes a development or use within the city in violation of the provisions of this title shall be subject to a civil penalty per Chapter 8.14. Each day of violation shall constitute a separate violation.

3.

Aiding and Abetting. Any person who, through an act of commission or omission, aids or abets in a violation of this title shall be considered to have committed a violation for the purposes of a civil penalty.

4.

Notice of Penalty or Violation. Whenever the planning director determines that a person has committed a violation of Titles 14, 15, 16, 17, or 18 of this Code or any condition of approval, the planning director shall issue a notice of violation in writing, served upon such person by either certified mail, postage prepaid, return receipt requested, or by personal service. The notice shall include, at a minimum, the following information:

a.

The name and address of the owner of record or taxpayer or other person to whom the notice or order is directed;

b.

The street address, when available, or a legal description or parcel number sufficient to identify the building, structure, lot or land upon which the violation is occurring;

c.

A statement that the planning director has found the building, structure, lot or land is being used or maintained in violation of this title or conditions of approval and a description of the specific nature of such violation and the damage or potential damage (if applicable), including applicable title sections;

d.

A statement of the action required to be taken, such as a cease and desist order, as determined by the planning director, and a date for correction, which shall be not less than twenty-one (21) days from the date the planning director sends the notice, unless the planning director has determined the violation to be immediately hazardous, in which instance the planning director shall require immediate correction of the violation;

e.

A statement of the applicable penalty and that each day in violation is a separate offense; and

f.

A statement that the planning director's determination of violation may be appealed in writing to the city council within twenty-one (21) days of the final date for correction.

5.

Proof of Service. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and manner by which service was made.

6.

Remission or Mitigation. At any time prior to the date for correction, the person incurring the penalty may apply in writing to the planning director for remission or mitigation of such penalty. Upon receipt of the application, the planning director shall set a date to hear the applicant and may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Any penalty imposed pursuant to this section shall be subject to review by the city council.

7.

Voluntary compliance agreement. Any person incurring a penalty under this title may enter into a voluntary compliance agreement as provided for in Chapter 8.14.

8.

Effective Date. A notice of violation or cease and desist order issued under paragraph 4 above shall become effective immediately upon receipt by the person to whom the order is directed.

9.

Compliance. Failure to comply with a notice of violation, cease and desist order or a voluntary compliance agreement, or a repeat violation shall constitute a refutable presumption that the conduct is intentional, willful and knowing for the purpose of prosecuting a criminal violation.

10.

Final Determination and Appeal. A notice of violation issued pursuant to this chapter constitutes a determination from which administrative appeal to the city council may be taken pursuant to this title.

B.

Criminal Enforcement—Penalties for Violation. Any person who intentionally, knowingly or willfully violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this title or conditions of approval imposed by actions of the city council, planning commission or planning director shall be guilty of a misdemeanor. Repeat violations, or violation of a notice of violation, voluntary compliance agreement or cease and desist order, creates a presumption of willful violation. If convicted of such a violation, punishment shall be by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment in the county jail not to exceed ninety (90) days, or both such fine and imprisonment for each offense. Each day in violation shall be deemed a separate offense.

C.

Investigation Fee. An investigation fee shall be assessed at one hundred (100) percent of the applicable fee total for all permits required on a project when work is started without the required permits and shall be assessed as an additional fee.

D.

Public Nuisance/Injunction. Any use in violation of this title shall be deemed a public nuisance, which, in addition to all other remedies or punishments, may be abated by injunctive relief.

E.

Extension of time to correct. For good cause shown, the planning director may extend the date for correction in the notice of violation or cease and desist order an additional thirty (30) days. In the event that an extension is granted, the affected party shall have twenty-one (21) days from the amended date for correction to appeal such notice or order.

(Ord. No. 527, § 1, 6-14-2022)