§ 26-92-040. Hearings—Appeals of administrative decisions—Questions on permitted uses.

(a)

Except as provided in Section 1-7.3 of this code and subsection (d) of this section 26-92-040, the board of zoning adjustments or the planning commission, as appropriate, after notice as provided in this chapter, shall hear and decide on applications for use permits, applications for variances, and appeals from any order, requirement, permit, decision or determination made by any administrative official of the county in connection with the administration of this chapter.

(b)

Any interested person may appeal any administrative order, requirement, permit, or determination made by the planning director pursuant to this chapter to the board of zoning adjustments or the planning commission, as appropriate. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal; provided, however, that the county may still revoke any erroneously issued permit or entitlement even after the expiration of the ten-day appeal period. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee.

(c)

In case of uncertainties by the permit and resource management department as to whether certain uses are permitted in certain districts, the department may refer such questions to the board of zoning adjustments or planning commission, as appropriate, for decision.

(d)

The planning director may waive the requirement for a public hearing and approve, conditionally approve, or deny use permit applications that meet one or more of the following criteria, provided, that subsequent to public noticing procedures pursuant to section 26-92-050, no timely, written, and signed requests for public hearing are received. If the application does not meet any of the following criteria, or if a timely, written, and signed request for public hearing is received, the item shall be noticed for a hearing before the board of zoning adjustments and the board of zoning adjustments may approve, conditionally approve, or deny the application as otherwise provided in this section:

(i)

Off-site impacts to adjacent properties would be insignificant because of the location of the site, large parcel sizes in the vicinity, or proposed siting of the use relative to neighboring residences.

(ii)

The project either qualifies for a CEQA exemption or Negative Declaration/Mitigated Negative Declaration.

(iii)

Due to the site's location, the provision of water and wastewater disposal can be accommodated with no significant impact to the environment or surrounding properties.

(iv)

The project involves a minor expansion on a site that has no active enforcement action.

(v)

There is no evidence that the project would be controversial, detrimental to properties or residents in the vicinity, or contribute incrementally to any significant environmental impact in the local region.

(Ord. No. 5933, § II(k), 5-10-2011; Ord. No. 5537 § 2(d), 2004: Ord. No. 4909 § 3, 1995: Ord. No. 4643, 1993.)