§ 14.21

Administrative use permits allow certain uses to be established in particular zoning districts if they comply with the specific criteria and performance standards as established in Chapter 14.17, Performance Standards, and other standards as required elsewhere in this title. Administrative use permits are intended to streamline the use permit process for select uses where clear performance standards are established and extensive public review is not warranted. The performance standards established in Chapter 14.17, Performance Standards, are designed to ensure that proposed uses will be compatible and harmonious with existing uses in the neighborhood.

(Ord. 1625 § 1 (part), 1992).

Uses identified in the Land Use Tables as "A" shall be subject to administrative use permit review.

(Ord. 1838 § 45, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).

14.21.030 - Authority.

The planning director may approve, conditionally approve or deny an administrative use permit application, unless otherwise restricted by state law. Development must comply with all of the required standards in Chapter 14.17, Performance Standards, and with all other requirements of Title 14 unless specifically exempted in Chapter 14.17.

(Ord. 1625 § 1 (part), 1992).

When, in the opinion of the planning director, any matter set forth in Section 14.21.020, Applicability, is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the planning director. Requests for modifications from performance standards of Chapter 14.17, Performance Standards, will be referred to the planning commission for review and determination.

(Ord. 1625 § 1 (part), 1992).

Applications for administrative use permits shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.

(Ord. 1625 § 1 (part), 1992).

Public notice and/or hearing are not required for issuance of an administrative use permit.

(Ord. 1625 § 1 (part), 1992).

The planning director or the planning commission may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards.

(Ord. 1625 § 1 (part), 1992).

The planning director or the planning commission may issue an administrative use permit if the following findings can be made:

A.

The proposed use is listed in this chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;

B.

The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in Chapter 14.17, Performance Standards;

C.

The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding uses in the neighborhood;

D.

Any other findings required under Chapter 14.17, Performance Standards, for the specific use;

E.

The use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;

F.

That the use, as conditioned, will be compatible with surrounding uses.

(Ord. 1625 § 1 (part), 1992).

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

14.21.100 - Appeals.

Appeals of decisions on administrative use permits shall be filed within five (5) working days of the issuance of the permit. Appeals shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

14.21.110 - Effective date of permit.

An administrative use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

14.21.120 - Approval to run with the land.

Any administrative use permit approval shall run with the land and shall continue to be valid for the time frame specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

An administrative use permit may be extended by the planning director if the findings required by Section 14.21.080, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

Requests for changes in the conditions of approval of an administrative use permit, or a change to site plans or operation that would affect a condition of permit approval, shall be treated as an administrative use permit amendment. The procedures for filing and processing an application for an administrative use permit amendment shall be the same as those established for an initial or new administrative use permit application.

(Ord. 1625 § 1 (part), 1992).

An administrative use permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

If an application for an administrative use permit is denied or revoked, no new application for the same, or substantially the same, administrative use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Administrative use permits are valid for one year unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed and extended.

(Ord. 1625 § 1 (part), 1992).

Chapter 14.22 - USE PERMITS