SECTION 1211.01  PURPOSE:

The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the Designated City Agent with the goal of protecting the health, safety, and welfare of the citizens of the City.

 

SECTION 1211.02  DESIGNATED CITY AGENT:

Unless otherwise specifically cited in this Ordinance or in formal action taken by the City Council, the City Planner shall serve as the Designated City Agent responsible for administrative permits or administrative approvals.

 

SECTION 1211.03  ADMINISTRATIVE PERMITS:

A. Classification:  Based  upon  a  determination  by  the  Designated  City  Agent, administrative  permits  shall  be  classified  and  processed  according  to  the following designations:

1. Emergency  Permits:       Situations  requiring  immediate  action  for  the protection of health, safety, and general welfare shall be processed as emergency administrative permits.

2. Non-Emergency Permits:    Situations which require immediate attention but are of a non-emergency nature shall be classified as non-emergency administrative permits.

B. Procedure:

1. Application  for  an  administrative  permit  shall  be  filed  by  the  property owner or designated agent with the Designated City Agent on forms to be provided by the City.

2. The application shall be accompanied by a non-refundable fee as set forth by City   Council   resolution   for   administrative   permit   applications.

Applications for amending permits shall be accompanied by an escrow deposit as set forth by City Council resolution for administrative permits.

3. The  Designated  City  Agent  shall  review  the  application  and  related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Ordinance.

4. The Designated City Agent shall consider possible adverse effects of the proposed events or activity.   Judgment shall be based upon (but not limited to) the following factors:

a. Compliance  with  and  effect  upon  the  Comprehensive  Plan  and public facilities plan.

b. The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

c. The  use,  event  or  activity  will  not  be  injurious  to  the  use  and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

d. The establishment of the use, event or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

e. Adequate  public  facilities  and  services  are  available  or  can  be reasonably provided to accommodate the use, event or activity which is proposed.

f. The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.

g. The use, event or activity and site conform to the performance standards as outlined in Section 1208 and all other applicable provisions of this Ordinance.

5. Review and Approval/Denial:

a. Emergency Permits:

(1) The Designated City Agent shall make a determination on the approval or denial of an emergency administrative permit

within three (3) working days from the date of submission of a complete application.

(2) A written notification shall be issued by the Designated City Agent on the approval or denial of the permit.  If approved, specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be attached to the notification which shall serve as the permit.

(3) At the time of notification to the applicant, the Designated City Agent shall provide written notification of an approved emergency administrative   permit   to   the   City   Council, Planning Commission and immediately abutting property owners.

b. Non-Emergency Permits:

(1) Upon  submission  of  a  complete  application  for  a  non- emergency administrative permit, the Designated City Agent shall provide written notice of the request to the Mayor, City Council, Planning Commission, and immediately abutting property owners within two (2) working days of the receipt of the application.

(2) The  notice  shall  specify  that  any  written  objections  be received by the Designated City Agent within seven (7) days of  the  mailing.    If  any  written  objection  of  a  substantive nature is received within seven (7) days, and is unresolved between the author and the Designated City Agent, the final approval of the requested administrative permit, as well as any administrative   permit   which   is   reflected   by   the Designated City Agent, may be forwarded to the City Council for approval or denial by the applicant or Designated City Agent.

(3) Unless  referred  to  the  City  Council  for  a  decision,  the Designated City Agent shall make a determination on the approval or denial of a non-emergency administrative permit within fifteen (15) days from the date of submission of a complete application. 

(4) A written notification shall be issued by the Designated City Agent on the approval or denial of the permit.  If approved, specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be attached to the notification which shall serve as the permit.

6. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered terminated unless, within ten (10) days of such notice, the applicant takes corrective action to the satisfaction of the Designated City Agent.

7. Unresolved disputes as to administrative applications shall be subject to review and decision by the City Council upon request by the applicant or Designated City Agent.

C. Information Requirement:   The information required for all administrative permit applications shall include:

1. A concise written statement describing the proposed use, event or activity, including the purpose, dates and times of operation, and other pertinent information required by the Designated City Agent to fully evaluate the application.

2. Information  identified  in  Section  1208  of  this  Ordinance,  as  may  be applicable.

D. Performance Standards:   All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

E.  Administration and Enforcement:

1. The City Planner and City Clerk shall keep a record of applications and administrative permits.

2. A copy of all  administrative  permits  issued  shall  be  forwarded  to appropriate staff as determined by the City Planner.

3. Enforcement of the provisions of this paragraph shall be in accordance with Section 1210 of this Ordinance.  Violation of an issued permit or of the provisions of this section also shall be ground for denial of future permit applications.

 

SECTION 1211.04  NON-PERMIT APPROVALS:    In cases where a Designated City Agent is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in Section 1211.03.B.4 of this Ordinance.