Center City City Zoning Code

CHAPTER 198

ADMINISTRATIVE PERMITS AND APPROVALS

§ 198.01 PURPOSE.

The purpose of this chapter is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit (also referred to as a zoning permit), and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the city.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 198.02 ADMINISTRATIVE PERMITS.

(A) Procedure.

(1) A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.

(2) Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the city.

(3) The application shall be accompanied by a fee as set forth in the city fee schedule. Applications for amending administrative permits shall be accompanied by a fee as set forth in the city fee schedule.

(4) The Zoning Administrator 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 title. The Zoning Administrator shall notify the applicant, in writing, of an incomplete application within 10 days of the date of submission.

(5) The Zoning Administrator’s review shall be based upon the following factors:

(a) Compliance with and effect upon the comprehensive plan and public facilities plans.

(b) The establishment, maintenance, or operation of the use, event, or activity will not be detrimental to or endanger the public health, safety, or welfare.

(c) The establishment of the use, event, or activity will not conflict with existing uses and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

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

(e) The use, event, or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located and to the performance standards as outlined in § 196.04 (General Performance Standards) of this title and all other applicable provisions of this title.

(6) The Zoning Administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application.

(7) A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this title shall be attached to the permit.

(8) Determination of noncompliance with applicable codes, ordinances, and the standards in this title shall be communicated to the applicant in writing and the application for the permit shall be considered denied.

(9) Unresolved disputes as to administrative application of the requirements of this section shall be subject to appeal as defined by Chapter 195 (Appeals) of this title.

(B) Information requirement. The information required for all administrative permit applications shall include:

(1) A concise statement describing the proposed use, event, or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application.

(2) A copy of the approved site plan for the property or an “as-built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

(3) An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

(4) Information identified in § 199.05 (Information Requirement) of this title, as may be applicable.

(C) Performance standards. All structures, uses, events, or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such structure, use, event, or activity is proposed, as well as the applicable standards in § 196.04 (General Performance Standards) of this title.

(D) Administration and enforcement.

(1) The Zoning Administrator 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 Zoning Administrator.

(3) Enforcement of the provisions of this chapter shall be in accordance with Chapter 200 (Enforcement and Penalties) of this title. The city reserves the right upon issuing any administrative permits to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed. Violation of an issued permit or of the provisions of this chapter also shall be grounds for denial of future permit applications.

(E) Certification of taxes paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 198.03 NON-PERMIT APPROVALS.

In cases where the Zoning Administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in § 196.04 (General Performance Standards) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 198.04 SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE.

Following the approval of an administrative permit or non-permit approval as required by this chapter and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the administrative permit, or non-permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.