Chapter 18.122 — INTERPRETIVE ACTION

Note: Prior ordinance history: Ord. 467, as amended by Ord. 467-Q.

The director of community development shall have authority to consider written requests for interpretation and determinations related to the provisions of this title. The provisions of this title shall be held as the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

(Ord. 467-X § 16, 2000)

The director of community development shall have authority to make determinations as to the similarity of one use which is not listed in this code to another use which is listed. In making determinations of similarity the following characteristics of the use not listed shall be considered and compared to the uses listed:

• (a) The general character of the use;

• (b) Generation of or sensitivity to noise;

• (c) Generation of traffic;

• (d) Generation of or sensitivity to light;

• (e) Generation of or sensitivity to smoke and odors;

• (f) Any other relevant characteristics.

(Ord. 467-X § 16, 2000)

Any person may petition the community development director for interpretation of the provisions of this title or for determination of similar use. Said petition shall be submitted in writing to the community development director on a form provided by the community development department, together with any additional information the petitioner feels should be considered. The director of community development may also initiate the interpretation or determination process. (Ord. 467-X § 16, 2000)

The community development director shall consider requests for interpretation or determinations of similar use and shall render his/her decision within thirty days from the date the request form was received. The community development director may, at his/her discretion, refer requests to the board of supervisors for decision. In such cases, the thirty-day time period shall not apply. (Ord. 467-X § 16, 2000)

• (a) Any interpretation or determination made by the director in response to a written request may be appealed to the board of supervisors by the party making the request. All such appeals must be submitted in writing to the county clerk within ten days of the notice of the director's decision. The written appeal must be accompanied by the appropriate appeal fee as established by the board of supervisors.

• (b) Notice of public meeting on an appeal of the director's decision shall be given by the following methods:

  • (1) Publication in a newspaper of general circulation within Lassen County at least seven days prior the meeting; and

  • (2) Posting of the notice in the office of the county clerk, the community development department and outside the board of supervisors' meeting room, at least seven days prior to the meeting.

• (c)

  • (1) Upon appeal, the community development director shall forward to the board of supervisors all information provided to and considered by him/her in making his/her decision. The board of supervisors shall conduct a public meeting on the appeal and shall render its decision within sixty days from the date the appeal was filed. Said meeting shall be limited to a review of the information provided to and considered by the community development director.

  • (2) Any information presented to the board of supervisors at the appeal hearing not previously considered by the community development director shall result in the matter being referred back to the director for decision. Any subsequent appeal shall be considered a new appeal and shall be subject to all applicable fees.

• (Ord. 467-X § 16, 2000)

§ 18.122.060. Record of decision.

A public record of the decision by the community development director or the board of supervisors, shall be kept in the community development department, and shall be periodically incorporated into the body of this title, or maintained as an appendix hereto. (Ord. 467-X § 16, 2000)