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A. Purpose. An Administrative Use Permit (AUP) is a discretionary permit approved by the Zoning Officer to ensure that a proposed project will not adversely impact neighboring properties or the general public.

B. Review Authority.

1. The Zoning Officer takes action on AUP applications.

2. For a project with special neighborhood or community significance, the Zoning Officer may refer an AUP application to the Zoning Adjustments Board (ZAB) for review and final decision. In such an instance, the ZAB shall review and act on the application following the requirements that apply to Use Permit applications.

C. When Required. An AUP is required for:

1. Land uses and development projects in each district as identified in Chapters 23.202--23.210 (Zoning Districts);

2. Temporary land uses and structures in accordance with Section 23.302.030.B (AUP Required); and

3. Other types of development projects when specifically required by the Zoning Ordinance.

D. Public and City Franchise Uses. The Zoning Officer may issue an AUP for any accessory building for public use or any use on City-owned property that is subject to franchise by the City. Such an AUP is subject to the same appeal and certification procedures as all other AUPs.

E. Public Notice and Hearing. See Section 23.404.040.A (Notice of Administrative Decisions).

F. Findings for Approval.

1. To approve an AUP, the Zoning Officer shall find that the proposed project or use:

(a) Will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area or neighborhood, of the proposed use; and

(b) Will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City.

2. To approve the AUP, the Zoning Officer must also make any other AUP findings specifically required by the Zoning Ordinance for the proposed project.

3. When taking action on an AUP, the Zoning Officer shall consider the following when making findings:

(a) The proposed land use; and

(b) The structure or addition that accommodates the use.

4. Required findings shall be made based on the circumstances existing at the time a decision is made on the application.

5. The Zoning Officer shall deny an AUP application if unable to make any of the required findings.

G. ZAB Notification. The Zoning Officer shall inform the ZAB of all AUP decisions. (Ord. 7787-NS § 2 (Exh. A), 2021)