§ 23.28.070. Decision Process for Encroachment Permits and Findings for Approval.

A.

A decision on an application for a Minor Encroachment Permit shall be made by the City Manager in accordance with DMMC Section 23.28.070C. The decision may be appealed to the City Council in accordance with DMMC Section 23.28.110.

B.

A decision on an application for a Major Encroachment Permit shall be made by a majority vote of the City Council in accordance with DMMC Section 23.28.070C.

C.

An Encroachment Permit, Minor or Major, may be approved or conditionally approved only if the decision maker makes all of the following findings:

1.

The proposed Encroachment will not endanger the public health, safety, or welfare, or the surrounding property;

2.

The proposed Encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement;

3.

The proposed Encroachment will not have an adverse impact on the welfare of the community or on the community's appearance or aesthetics;

4.

The proposed Encroachment will not cause an unnecessary change in the character of the community; or

5.

The proposed Encroachment will not be a detriment to the interests of the general public; and

6.

The proposed Encroachment will not convert significant areas of public property to private use.

D.

The decision maker may impose conditions of approval on the Encroachment Permit as deemed necessary to protect the public health, safety and welfare and to preserve the intended use of the City Right-of-Way or Easement, and to ensure compliance with the findings supporting such approval.

(Ord. No. 919 , § 5, 10-17-2016)

Editor's note

Ord. No. 919 , § 5, adopted October 17, 2016, changed the title of Section 23.28.070 from "Issuing authority and application procedure for a minor encroachment permit" to "Decision process for encroachment permits and findings for approval."