Brewster City Zoning Code
CHAPTER 17
80 ADMINSTRATIVE PERMITS
§ 17.80.010 Administrative permits.
An administrative permit (AP) is a means of allowing certain uses to locate or exist in the R-2 and C-2 zoning districts following administrative review to ensure that the proposed uses are consistent and compatible with other existing and permitted uses within the zone and do not create undue conflicts with adjoining landowners, demands on public facilities (e.g., traffic, parking, water, sewer and stormwater), and to prevent and abate public nuisances. Uses that require a SEPA checklist shall not be permitted under the administrative permit process.
(Ord. 876 § 4 (part), 2016; Ord. 945 § 2, 2022)
§ 17.80.020 Purpose.
The purpose of this chapter is to detail the procedures required of applicants and the responsibilities of the administrator, and the city council upon appeal, in the processing, consideration, and issuance of administrative permits whenever such permits are authorized to be applied for within the R-2 zoning district pursuant to provisions of this title. Only those uses identified in the use chart as requiring an administrative permit within the R-2 zoning district qualify for the administrative permitting process authorized by this chapter. The administrator may, in the administrator's sole discretion, determine that other similar uses, which are not listed in the use chart, may qualify for the administrative permit process. The administrative permit process may not be used to permit uses in any other zone, or uses that are otherwise prohibited within the R-2 zone.
(Ord. 876 § 4 (part), 2016)
§ 17.80.030 Authority.
The administrator shall have the authority, subject to provisions of this chapter (and specifically Section 17.80.050), to grant, upon such conditions as may be determined necessary in order to realize the intent of this chapter, an administrative permit for a use found to be in harmony with the scope and purpose of this chapter, the intent of the zoning district in which the use is to be located, and the goals, objectives, and policies of the Brewster comprehensive plan and in accordance with Section 17.80.040.
(Ord. 876 § 4 (part), 2016)
§ 17.80.040 Administrative permit application process.
A.
Applications for administrative permits shall be filed with the administrator on forms provided by the administrator with all information as required in said form, including a completed impact assessment checklist as set forth in Section 17.80.110, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant. Once the completed application is accepted for review, the fees shall become nonrefundable.
B.
The administrator shall review all administrative permit requests. Within fifteen business days of receipt of a complete application, the administrator shall prepare an impact assessment and issue an initial determination to grant or deny the administrative permit. Each initial determination to grant or deny an administrative permit shall be supported by written findings of fact demonstrating specifically that each of the following conditions exist or have not been met (in the case of a denial):
1.
That the use for which the administrative permit is requested is specified by this title as being administratively permitted within the R-2 zoning district, or that said use is not listed in the district use chart in Section 17.10.020 but is reasonably similar, as determined by the administrator, to a use that is specified by this title as being administratively permitted within the R-2 zoning district;
2.
That the use for which the administrative permit is requested is consistent with the description and purpose of the R-2 zoning district;
3.
That said use complies with all requirements of this title, including the regulations and standards in Chapter 17.10;
4.
That the site for which the use is proposed is of sufficient size to accommodate the proposed use and that all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title, or as are needed in the opinion of the administrator to ensure that the proposed use will be compatible and harmonious with adjacent and nearby uses, will be properly provided.
C.
The administrator's initial determination, along with any proposed permit conditions, shall be mailed to the applicant and to all adjacent property owners and any local agencies serving the property, and posted upon the subject property.
D.
Any affected party may appeal the administrator's initial determination to the city council pursuant to Section 19.06.050. If no appeal of the initial determination of impending administrative permit issuance is filed within seven regular city business days from issuance of the administrator's initial determination, the administrator shall render a final decision on the permit in accord with the initial determination upon expiration of the appeal period.
(Ord. 876 § 4 (part), 2016)
§ 17.80.050 Conditions of permit approval.
In order to mitigate anticipated impacts of a proposed use, or support a finding of fact, or prevent and abate public nuisances associated with any project for which an administrative permit is requested, the administrator shall have the authority to impose and require compliance with conditions and safeguards deemed necessary to mitigate the anticipated impacts of a proposed use, based on the findings of fact (per Section 17.80.040) and/or impact assessment submitted with the application. Such conditions may increase the requirements in the standards, criteria, or regulations of this title or other city legislation or adopted policies otherwise applicable to the property or project. Project proponents may submit plans for proposed alternative means of mitigation impacts for review by the city. No administrative permit shall require, as a condition, the dedication of land for any purpose not reasonably related to the use of property for which the administrative permit is requested, or the posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the administrative permit is requested; provided however, performance bonds may be required to guarantee completion of project work as further set forth in Section 17.80.100.
(Ord. 876 § 4 (part), 2016)
§ 17.80.060 Time limitations-Extensions of time.
A.
Any administrative permit granted by the administrator, or by the city council on appeal, shall be null and void if not exercised within the time specified in such permit or, if no time is specified, within one year of the date of approval of such permit. An administrative permit shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished, or when substantial investment has been made to establish the use for which the administrative permit has been granted in reliance upon said administrative permit. If such permit is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of an administratively permitted use.
B.
Upon written request by a property owner or his/her authorized representative prior to the date of administrative permit expiration, the administrator may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said permit that would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
(Ord. 876 § 4 (part), 2016)
§ 17.80.070 Additions and modifications to sites and structures.
The administrator shall be authorized to issue administrative permits for minor adjustments to existing sites and structures permitted under an existing administrative permit as further set forth in this section. The administrator is prohibited from issuing administrative permits for major adjustments to existing sites and structures permitted under an existing administrative permit.
A.
Minor Additions or Modifications. Minor adjustments are those that may affect the precise dimensions or siting of buildings, but that do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent from the original.
1.
Minor adjustments to sites and structures permitted under existing valid administrative permits may be administratively approved by the administrator, subject to the following findings:
a.
The proposed addition or modification is determined to be in substantial conformity with any and all previous valid administrative permits for existing uses on the site.
b.
The proposed addition or modification directly relates to a use or structure established under a previous valid administrative permit.
c.
No more than one administrative approval for any such minor addition or modification shall be granted on a single property within any two-year period.
d.
The proposed addition or modification shall still be subject to all other applicable city ordinances and development standards, including setback, screening, or buffering requirements.
e.
The proposed addition or modification will be served by existing streets, driveways and utilities, and will not require relocation of any existing structures or other site modifications.
2.
Upon approval of any such minor addition or modification, notice shall be provided to all parties of record with the opportunity to comment on the administrator's decision within ten business days. If a written objection is filed within ten business days, the administrator shall reconsider the determination in light of the objection(s) raised and render a final decision. Any party aggrieved by the administrator's final decision may file an appeal of that decision to the city council pursuant to Section 19.06.050.
B.
Major Adjustments. Major adjustments are those that, when determined by the administrator, substantially change the basic design, coverage, open space or other requirements of the administrative permit or permitted use. When the administrator determines that a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the city council of such adjustment. Proposed major adjustments may cause the project to be ineligible for the administrative permit process.
(Ord. 876 § 4 (part), 2016)
§ 17.80.080 Cancellation of an administrative permit-Revocation.
A.
A valid administrative permit granted by the administrator, or the city council upon appeal, may be canceled at any time. Cancellation must be initiated by the owner of the property covered by an administrative permit by means of a written request to the administrator. Said permit shall then become null and void within thirty days thereafter.
B.
The administrator may revoke, suspend, or add additional conditions to any administrative permit granted under the provisions of this section on any one or more of the following grounds:
1.
That the approval was obtained by fraud;
2.
That any material fact was concealed or misrepresented on the administrative permit application or on any subsequent applications or reports;
3.
That the use for which such approval is granted is not being exercised;
4.
That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;
5.
That the administrative permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
6.
That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance.
(Ord. 876 § 4 (part), 2016)
§ 17.80.090 Transfer of administrative permit.
An administrative permit may be transferred and assigned to a new owner providing that written documentation is provided to the administrator that the new owner agrees to abide by the conditions placed on the permit at the time of the original approval.
(Ord. 876 § 4 (part), 2016)
§ 17.80.100 Performance bond requirement.
Notwithstanding the provisions of Section 17.80.050, whenever an administrative permit is granted upon any condition or limitation requiring development of a right-of-way, installation of utilities, or other public improvements, the person seeking the administrative permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the administrator, or the city council on appeal, to ensure compliance with the conditions and limitations related to public improvements upon which said permit is granted. Every such bond shall be a performance bond and shall: be in a form approved by the city attorney, be payable to the city, and be conditioned upon compliance with the conditions and limitations upon which the administrative permit is granted.
(Ord. 876 § 4 (part), 2016)
§ 17.80.110 Impact assessment.
A.
The potential impacts of an administrative permit shall be considered in determining whether the proposed use will be permitted, and shall be considered in determining any conditions under which an administrative permit may be granted. Nothing in this section shall be construed to give any property owner a right to use any property in any manner that requires any other land use permit unless such permit has first been granted and is in full force and effect pursuant to all conditions attached thereto.
B.
Any new use to be permitted under this chapter will require an impact assessment checklist. Applicants will be required to submit the checklist as part of the application for an administrative permit. The administrator shall use the impact assessment checklist as one means of notifying applicants of performance standards that may pertain to a given permit application and providing guidance in meeting those standards.
C.
In making a determination regarding impacts, the administrator shall consider the standards and regulations specified in Chapter 17.10. Decisions will be based on the information provided in the applicant's completed impact assessment checklist; the administrator may require additional information considered necessary to fully and fairly evaluate the impacts of the proposed use.
D.
The applicant for an administrative permit may use design features or other measures to mitigate impacts, where feasible. Examples of mitigation include buffering and limitations on hours of operation. Any mitigating measures required by the administrator shall be considered conditions of approval, and shall be reduced to writing, and recorded or entered on the administrative permit documentation.
(Ord. 876 § 4 (part), 2016)