Chapter 17.06
ADMINISTRATION AND ENFORCEMENT
Sections:
17.06.010 Duties of city manager.
17.06.020 Planning and zoning commission—Authority generally.
17.06.030 Planning and zoning commission—Conditional uses.
17.06.050 Variances and exceptions.
17.06.060 Public hearings and notification requirements.
17.06.070 Effective date; required use of decision.
17.06.080 Responsibility for processing and costs.
17.06.090 Schedule of fees, charges and expenses.
17.06.100 Appeal to planning and zoning commission.
17.06.110 Appeal to the board of adjustment.
17.06.120 Appeal to superior court.
17.06.140 Violation of restrictions or conditions.
17.06.150 Violation not condoned by permit issuance or plan approval.
17.06.180 Remedies deemed cumulative.
17.06.010 Duties of city manager.
It shall be the duty of the city manager or designee to enforce the provisions of the zoning ordinance pertaining to the erection, construction, moving, conversion or alteration of buildings or to the occupancy of land or any building or structure, or any addition thereto. It shall further be the duty of the city manager or designee to enforce the provisions of this title pertaining to the use of land or any building for which any approval, certificate or license is required by this chapter. (Prior code § 30-53)
17.06.020 Planning and zoning commission—Authority generally.
The planning and zoning commission shall recommend to the city council appropriate policies and plans for the implementation of the zoning ordinance. (Prior code § 30-54)
17.06.030 Planning and zoning commission—Conditional uses.
A. Whenever it is stated in this chapter that certain buildings, structures and uses are permitted subject to approval by the planning and zoning commission, applications for such approval shall be made in writing and be accompanied by the required plans or data. These applications shall be submitted to the community development department for transmission to the planning and zoning commission.
B. The planning and zoning commission shall make its findings and determination within sixty days from the date of filing an application and shall notify the applicant in writing of its decision. If approval is denied, the commission shall state its reason for denial.
C. Failure of the planning and zoning commission to make a determination within the time specified shall advance the application to the board of adjustment. (Prior code § 30-55)
17.06.040 Conditional uses.
A. Authority of Planning and Zoning Commission to Grant Commission. The planning and zoning commission shall hear requests or conditional uses in the various districts as specifically provided in this title, shall decide questions involved in determining whether permission for conditional uses should be granted and may grant permission with such conditions and safeguards as are appropriate this title or deny requests for conditional uses when not in harmony with the purpose and intent of this title and/or with the objectives of the comprehensive plan.
B. Application. A request for conditional use under the regulations of this title may be filed by any property owner or authorized agent. The application must fully state any and all reasons justifying the granting of the request, including the features, details, schedule and timing of the proposed developments.
C. Investigation. The planning and zoning commission shall cause to be made by its own members, or by its authorized representative, an investigation to determine that such uses will be in accordance with the comprehensive plan and will not be injurious to public health, safety or welfare, or detrimental to other properties or uses in the vicinity.
D. Public Hearing—Granting or Denial. Within sixty days after the receipt of an application, the planning and zoning commission shall render its decision. If it is the finding of the commission, after consideration of the report of such investigation, that it is empowered under the provisions of this title to grant the request for conditional use and restrictions or conditions will be in accordance with the comprehensive plan and will not endanger the public health, safety or general welfare, or be inconsistent with the specific provisions and the general purpose and intent of this title, the commission may approve the application with or without conditions. (Prior code § 30-56)
17.06.050 Variances and exceptions.
A. Generally. It is recognized that the strict literal enforcement of this title might not always be in the public interest, might deprive a property owner of rights commonly enjoyed by other properties in the same district or is impractical due to physical characteristics peculiar to the particular property. A variance grants an exception to a standard of a zoning district but not to the use restriction of that zoning district, and then only when unusual physical characteristics of the land make application of the standard an undue hardship.
In both cases, the following provisions shall apply:
1. A variance or exception shall not be granted that will permit a land use in a district in which that use is prohibited.
2. A variance or exception shall not be granted because of conditions of financial hardship or convenience, or when caused by actions of the applicant seeking relief.
B. Application. An application for a variance or exception shall be filed with the community development department by any property owner or authorized agent. The application shall contain the following data:
1. Legal description of affected property;
2. Plot plan showing the locations of all existing and proposed buildings or alterations of such buildings and other such data as may be required, such as utilities and roads.
C. Investigation. The community development department shall investigate the facts bearing on the case and shall present a written recommendation to the planning and zoning commission.
D. Decision on Granting or Denial. Within thirty days after receipt of the application by the planning and zoning commission, a decision shall be rendered. If it is the finding of the commission that the necessary facts and conditions as set forth in this section have been met, the commission may grant the variance or exception. If, however, such facts and conditions do not prevail and adjacent properties in the vicinity would be adversely affected, the commission shall deny the application.
E. Conditions of Granting Approval. The commission shall determine that all the following conditions exist and are satisfied prior to granting approval:
1. Variance.
a. There are exceptional physical characteristics or conditions pertaining to the property which may affect intended use or development which do not generally apply to other properties in the same zoning district;
b. The strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
c. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare;
d. The granting of the variance will not be contrary to the objectives of the comprehensive plan.
2. Exception.
a. There is adequate factual evidence to suggest that the building was erected in good faith and every intent of meeting the provisions of this title, and that the innocent error does not violate the spirit and intent of this title;
b. The granting of the exception will not result in material damage to other properties in the vicinity nor be detrimental to the public health, safety or welfare;
c. The granting of the exception will not be contrary to the objectives of the comprehensive plan.
3. Conditions Established by the Commission. In addition to the specific findings required under subsections (E)(1) and (2) of this section, the commission may also establish conditions under which a lot or parcel of land may be used or a building constructed or altered, require conditions of operation of other requirements or safeguards it may consider necessary to prevent damage or prejudice to adjacent properties or to the city. When necessary, the city may require guarantees in such form as deemed proper under the circumstances to insure the conditions designated will be complied with. (Prior code § 30-57)
17.06.060 Public hearings and notification requirements.
A. Public Hearings. The planning and zoning commission shall hold a public hearing upon each properly submitted application for a conditional use, variance or exception. Such hearing shall be held within sixty days following the date of filing of such application and the applicant shall be notified of the date of the hearing.
B. Notification. Notices required by this title shall include the date, time and location of the hearing, as well as the description of the action requested and the property for which the action has been requested. The names of the property owners and the parties filing the application shall also be included. The following notices shall be given:
1. A notice shall be posted and published. The notice shall be published at least once a week for the two consecutive weeks prior to the date of the public hearing in a newspaper of general circulation. The last date of publication shall not be less than three days before the date of the public hearing.
2. A notice shall also be sent by mail at least ten days prior to the public hearing to each owner of property within a distance of three hundred feet of the exterior boundary of the lot or parcel of land described in the application for the requested action.
C. Consideration of Evidence. The planning and zoning commission shall hear and consider evidence and facts from any person at the public hearing or written communication from any person relative to the matter. The right of any person to present evidence shall not be denied for the reason that any such person was not required to be informed of such public hearing. (Prior code § 30-58)
17.06.070 Effective date; required use of decision.
A. Effective Date of Decision. The decision of the planning and zoning commission, either for the granting, with or without conditions or the denial of an application for conditional use, variance or exception shall become effective immediately following the decision.
B. Use Within Twelve Months Required. Any conditional use, variance or exception approved by the planning and zoning commission shall be conditional upon the privilege granted being utilized within twelve months after the effective date of the approval. In the event construction work is involved, it must actually commence within the stated period and must be diligently prosecuted to completion, otherwise the approval is automatically voided. The planning and zoning commission may extend the time the construction is to start if satisfactory evidence of planning progress is presented. Any substantial change to the plans or building proposal shall require resubmission to the planning and zoning commission. (Prior code § 30-59)
17.06.080 Responsibility for processing and costs.
For all applications and appeals, the responsibility is upon the applicant or appellant to insure that all required actions have been taken. The applicant or appellant shall pay all costs and expenses related to the application or appeal. (Prior code § 30-60)
17.06.090 Schedule of fees, charges and expenses.
A. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
B. A fee of fifty dollars shall be paid upon the filing of an application for a zoning variance, zoning change, text amendments, exception or conditional use.
C. The city shall be responsible for recording actions by the planning and zoning commission on zoning variances, zoning changes, text amendments, exceptions or conditional uses to the title record of the affected parcel(s). The applicant shall be responsible for payment of recording fees. (Ord. 07-13 § 1: prior code § 30-61)
17.06.100 Appeal to planning and zoning commission.
A. Filing Limit. An appeal from any action of the community development director or other administrative official in enforcement of this title may be taken to the planning and zoning commission by any person aggrieved, or by any other officer, department, commission or board of the city. The appeal shall be filed within ten days after a decision has been rendered by the official. The notice of appeal must be filed with the city clerk.
B. Report. A report concerning each case appealed to the planning and zoning commission shall be prepared by the community development director and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.
C. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the planning and zoning commission, unless the court issues an enforcement order based on a certificate of imminent peril to life or property. (Prior code § 30-63)
17.06.110 Appeal to the board of adjustment.
A. Filing Limit. An appeal from any action or decision of the planning and zoning commission may be taken by any person or party aggrieved, or by any officer, department, commission or board of the city. The appeal shall be in the form of a written statement, and state how the appellant will be affected or aggrieved by the action. The appeal must be filed within ten days of the date of the action or decision with the board of adjustment. The notice of appeal must be filed with the city clerk.
B. Report. A report concerning each case appealed to the board of adjustment shall be prepared by the planning and zoning commission and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.
C. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the board of adjustment, unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property. (Prior code § 30-64)
17.06.120 Appeal to superior court.
An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any officer, commission or board of the city to the superior court by filing with the court, with a copy to the city clerk within thirty days from the date of the action appealed from, a notice of appeal which shall specify the grounds of such appeal. Failure to file the notice of appeal in the manner and time specified shall forfeit any right to appeal. The filing of an appeal does not stay any proceedings in the matter, nor the effect of the decision of the board of adjustment. (Prior code § 30-65)
17.06.130 Nuisance abatement.
Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this title is unlawful and a public nuisance. The city attorney shall, upon request by the city manager or city council, immediately commence action or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, restrain and enjoin any person from setting up, erecting, moving or maintaining any such building or structure, or using any property contrary to the provisions of this title. (Prior code § 30-66)
17.06.140 Violation of restrictions or conditions.
Any restrictions or condition required by the planning and zoning commission or the board of adjustment in the granting of any conditional use, variance or amendment with special limitations under the provisions of this title must be complied with. Violation of any restriction or condition shall result in revocation of the permission granted, and further use of the property or maintenance of any building thereon shall constitute a violation of this title and shall be punishable accordingly. (Prior code § 30-67)
17.06.150 Violation not condoned by permit issuance or plan approval.
The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this title or any amendment thereto. No permit presuming to give authority to violate or cancel any of the provisions of this title shall be valid except insofar as the work or use which is authorized is lawful and permitted. (Prior code § 30-68)
17.06.160 Complaint filing.
Whenever a violation occurs, any person may file a complaint in regard thereto. All such complaints shall be brought to the attention of the city manager who shall cause such complaint to be properly recorded, immediately investigated and reported upon. (Prior code § 30-69)
17.06.170 Violation—Penalty.
A. Violation of the provisions of this title or failure to comply with any of its requirements, including violations of restrictions and conditions established in connection with grants of certificates of occupancy, variances, conditional uses or amendments with special limitations, shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than three hundred dollars and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists or maintains such violation, may each be found guilty of a separate offense and suffer the penalties in this title.
C. Nothing herein contained shall prevent or remedy any violation. (Ord. 96-25 § 1; prior code § 30-70)
17.06.180 Remedies deemed cumulative.
All remedies provided for in this title shall be cumulative and not exclusive. (Prior code § 30-71)