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A. Applicability. An administrative use permit is required for comprehensive sign plans, buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which have been found not to be inherently detrimental to the use and enjoyment of land but require an additional level of review and have a higher threshold of approval in certain circumstances. They are identified as an “A” in the use regulation tables in this code.

B. Determination. An administrative use permit is granted upon the discretion of the zoning administrator or his designee after it is determined that the proposed use or building conforms to all the applicable use standards. The burden of proof for satisfying the requirements for granting of an administrative use permit, as stated in this code, rests with the applicant. The issuance of an administrative use permit may require that the existing development site be brought into substantial conformance with the terms of the city code, including but not limited to: landscaping, screening, parking, and storm water retention.

C. Referral to Planning and Zoning Commission. The zoning administrator may direct that a request be heard instead by the planning and zoning commission based on a review that includes, but is not limited to, the following factors:

1. Previous decisions by the city regarding the site on which the proposed use is located;

2. The probable impact of the requested use on its immediate surroundings; or

3. The consistency of the requested use with the planned land uses and policies of the general plan.

D. Conditions. An administrative use permit may have conditions of approval imposed.

E. Protected Uses. A request for any activity that is protected by the First Amendment of the United States Constitution shall be reviewed by the decision-making body reviewing the application upon determination of a complete application in a timely manner. Upon determination of a complete application, the item shall be scheduled at the next regularly scheduled public hearing complying with legal notice requirements where applicable. No continuances or other delays in such processing may occur without the concurrence of the applicant for such permit; provided, that there is sufficient time to complete any public notification requirement. If approved, the use shall be commenced within one year after the approval is granted. [Ord. 14-12 § 1; Res. 14-36 § 504.04.]