Chapter 17.14
CLASS (2) REVIEW

Sections:

17.14.010    Purpose.

17.14.020    When required.

17.14.030    Application for Class (2) review.

17.14.040    Review procedures.

17.14.050    Notification of final decision.

17.14.060    Issuance of a certificate of zoning review.

17.14.070    Appeals.

17.14.010 Purpose.

This chapter establishes procedures for issuance of a certificate of zoning review for uses requiring Class (2) review.  (Ord. 956(part), 1993)

17.14.020 When required.

Class (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Class (2) review in Section 17.13.020; and for other specific reviews established by this title.  (Ord. 956(part), 1993)

17.14.030 Application for Class (2) review.

Applications for certificates of zoning review for Class (2) uses shall be made in writing to the fire department on forms supplied by the department.  A general site plan conforming to the provisions of Section 17.11.040 shall accompany the application for Class (2) review.  The fire department shall forward the application and site plan to the administrative official for review.  The administrative official may request any additional information under the provision of Section 17.11.020(B).  (Ord. 956(part), 1993)

17.14.040 Review procedures.

Upon receipt of a completed application for a Class (2) use, the administrative official shall proceed as follows:

A.  Preliminary Decision.  Within seven days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development should be approved, approved with conditions or denied.  The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title.

If additional information is required by the administrative official, the preliminary decision on the application shall be made within seven days of receipt of the additional information.

B.  Notification of Adjacent Property Owners.  When the administrative official’s preliminary decision is to approve the application, or with conditions, he shall within five days forward a notice of the proposal together with this preliminary decision and a copy of the preliminary site plan to all landowners within three hundred feet of the exterior boundaries of the development site.  Such notice shall:

1.  Indicate that the attached site plan is preliminary and subject to change by the administrative official as a condition of approval; and

2.  Solicit written comment on the proposal and specify a time period not less than twelve days from the date of mailing, during which written comment may be received and considered by him; and

3.  Indicate any standard proposed to be adjusted in accordance with Chapter 17.10; and

4.  State that copies of the administrative official’s final decision shall be mailed by the administrative official; and

5.  State that the final decision of the administrative official is appealable to the planning commission for public hearing and review and such appeal shall be filed within fourteen days from the date of the administrative official’s final decision.

The administrative official may also, but is not required to, solicit comments from any other person or public agency he feels may be affected by the proposal.

C.  Administrative Official’s Decision.  After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions:

1.  Approve the site plan and issue a certificate of zoning review;

2.  Establish conditions for approval, or require other changes in the proposed site plan;

3.  Authorize adjustment in the basic design standards in accordance with the provisions of Chapter 17.10;

4.  Request additional or more detailed information including but not limited to a written program for development;

5.  Refer the site plan to the planning commission for review, public hearing and decision; or

6.  Disapprove the site plan.

A request by the reviewing official for additional or more detailed information shall be made within seven days from the end of the comment period.

D.  Conditional Approval.  The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title.

E.  Findings and Conclusions.  The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title, upon which his decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based.  The findings shall demonstrate that the administrative official’s decision complies with the objectives of the Wapato urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein.  (Ord. 1183 §2(part), 2008:  Ord. 956(part), 1993)

17.14.050 Notification of final decision.

The administrative official’s final decision shall be issued within seven days from the end of the comment period, or, if additional information was requested, within seven days from the date the information was received by the reviewing officials.  The administrative official shall mail his other findings and decision to the applicant and to other parties receiving initial notice not later than three business days following the issuance of the final decision.  The administrative official shall also specify that his decision is final unless appealed to the planning commission.  (Ord. 1183 §2(part), 2008:  Ord. 956(part), 1993)

17.14.060 Issuance of a certificate of zoning review.

No use requiring Class (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a certificate of zoning review.  The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure.  (Ord. 956(part), 1993)

17.14.070 Appeals.

Decisions by the administrative official under Class (2) review may be appealed to the planning commission in accordance with Chapter 17.16.  (Ord. 956(part), 1993)