Ord 2024-011 - Zoning Code Amendments

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26 5.04.112 Uses Not Listed A. Uses Defined in Section 1.12.108 Definitions. Definitions describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Zoning Enforcement Official shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Code. The Zoning Enforcement Official may determine that a specific use shall not be deemed to be within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification. The Zoning Enforcement Official’s decision may be ap- pealed to the Planning Commission, pursuant to Chapter 5.20 Appeals. 5.04.116 Effective Date; Lapse of Permit; Appeals A zoning permit shall become effective on issuance and shall continue in effect unless and until the activity for which the permit is granted is conducted or maintained in violation of this Code or of conditions placed on the permit or this Code is amended so as to render the zoning permit ineffective. An applicant or interested party may appeal the Zoning Enforcement Official’s denial of a Zoning Permit to the Planning Commission, pursuant to the requirements of Chapter 5.20 Appeals. 5.06.400 Procedures C. Notice of Decision. The Zoning Enforcement Official shall notify by mail the applicant and all abutting property owners. Said notice shall contain a statement that the action taken will become final within 15 days from the date thereof unless appealed in writing to the Planning Commis- sion. The action of the Zoning Enforcement Official shall be final unless an appeal is filed. D. Appeals. Any person aggrieved with the action of the Zoning Enforcement Official may appeal such action to the Planning Commission, pursuant to the requirements of Chapter 5.20 Appeals. E. Concurrent Processing. If a request for an Administrative Exception is being submitted in con- junction with an application for another approval, permit, or entitlement that requires review or action by the Planning Commission or another review body, it shall be heard and acted upon at the same time and in the same manner as that application and subject to the noticing and appeal procedures therein. 5.08.100 Purposes E. Authorization to grant variances does not extend to use regulations, because sufficient flexibility is provided by the use permit process for specified uses and by the authority of the Planning Commission to determine whether a specific use belongs within one or more of the use classi- fications listed in Section 1.12.108 Definitions. Further, Chapter 5.16 Amendments provides