Chapter 10.86

DIRECTOR'S DETERMINATION

SECTION:

Should there be a conflict in this Title, an applicant may petition the Community Development Director to make an appealable determination.

A. Application. The applicant shall provide a detailed operational statement that, at a minimum, provides:

1. A clear definition of the use and a thorough explanation that outlines how the proposed use differs from other uses already identified in the Code.

2. A minimum of three (3) examples how other communities administer the applicable section(s) of the Code section that is in question.

3. A minimum of three (3) local examples, including photographs of how the proposed project or use fits into similar neighborhoods.

B. Required Findings. In curing a conflict within the zoning code, the Review Authority shall first make the following finding that all of the following conditions exist:

1. The proposed project will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and

2. The subject use will be so controlled that the public health, safety, and general welfare will be protected.

3. The proposed project is consistent with the General Plan.

C. The Director shall post determinations on the City's website within twenty-four (24)-hours of making a determination.

D. The Director's Discretion is appealable to the Planning Commission in accordance with Section 10.88.050 (Appeals). (Ord. 2024-001, 9-10-2024)