All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings or purposes where such uses, buildings or purposes would be in conflict with the provisions of this chapter. Any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be, and are hereby declared to be, null and void.

(1973 Code, § 9-4.1801) (Ord. 558, eff. - -)

Certain permits as prescribed in this chapter may be issued following the administrative discretion of the Planning Director according to the following provisions:

A. Administrative permit applications shall include all information as prescribed on the appropriate applications and shall include names and addresses of all owners of abutting properties, including those across any abutting public or private street. The property owner information shall be based on the latest adopted county tax role.

B. The Planning Director shall transmit the relevant parts of the administrative permit application to all affected city departments for review and comment, including recommendations for any conditions applicable to the request.

C. Not less than 10 days prior to the date on which the administrative decision will be made, the Planning Director shall give notice of the proposed request application by mail or delivery to all applicable adjacent property owners.

D. If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Planning Director shall issue the permit subject to the conditions as may be determined by the Director.

E. If a hearing is requested by the applicant or other affected person, or if any responses are received in opposition to the request, the Planning Director shall forward the application to the Planning Commission for formal public hearing and consideration. When the application is forwarded to the Planning Commission, the applicant shall be responsible for paying any additional application processing fees and providing any additional permit application materials.

(1973 Code, § 9-4.1801.5) (Ord. 89-3, eff. 3-29-1989)

Notwithstanding any other provision contained in this subchapter, temporary uses may be conducted outside an enclosed building subject to the approval by the Planning Director of a temporary sales permit according to the following provisions.

A. The permit shall be issued in accordance with the provisions of § 159.475.

B. The temporary sale shall be described in a permit issued therefor by the Planning Director prior to commencement. The permit shall also include all other licenses, permits or approvals otherwise required by this code.

C. The temporary sale shall not continue for more than 45 consecutive days at the same location or on the same premises.

D. The temporary sale shall be discontinued at the expiration of the time period for which it is allowed and any trash, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith shall be removed from the location or premises.

E. The Planning Director may, in issuing permits for temporary uses, attach such conditions as are determined to be reasonably necessary in connection with the hours of operation, cleanup of the location or premises, use of lights or lighting or other means of illumination or operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises, in addition to any other conditions imposed, the Planning Director may require the posting of a cash bond in an amount sufficient to guarantee the removal of any fixtures, equipment or stands and the cleanup of the location or premises immediately upon the expiration of any such temporary use.

(1973 Code, § 9-4.1801.6) (Ord. 91-3, eff. 3-27-1991)

Notwithstanding any other provision contained in this subchapter, limited outdoor seating, up to a maximum of 12 seats, may be allowed in conjunction with an existing eating establishment subject to the approval by the Planning Director of an outdoor seating permit according to the following provisions.

A. The permit shall be issued in accordance with the provisions of § 159.475.

B. The outdoor seating shall be described in a permit issued therefor by the Planning Director prior to commencement. The permit shall also include all other licenses, permits or approvals otherwise required by this code.

C.
1. The outdoor seating shall be discontinued in the event that the business it is in conjunction with closes or relocates.

2. Any trash, chairs, benches, tables or other fixtures, appurtenances or equipment connected therewith shall be removed from the location or premises at that time.

D. The Planning Director may, in issuing permits for outdoor seating, attach such conditions as are determined to be reasonably necessary in connection with the hours of operation, cleanup of the location or premises, use of lights or lighting or other means of illumination, operation of any loudspeaker or sound amplification and the like in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises.

E. Outdoor seating may be permitted within the public right-of-way if an encroachment permit is approved by the Public Works Department.

(1973 Code, § 9-4.1801.7) (Ord. 92-16, eff. 8-26-1992)

1. It shall be the duty of the Building Official to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.
2. It shall be the duty of the Police Chief and all officers of the city charged by law with the enforcement of city laws to enforce the provisions of this chapter.

(1973 Code, § 9-4.1801) (Ord. 568, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)