Fircrest City Zoning Code
CHAPTER 22
70 ADMINISTRATIVE USE PERMITS
§ 22.70.001 Purpose.
The purpose of this chapter is to establish decision criteria and procedures for uses which, due to their unique qualities, may require additional regulation or other special degrees of control. An administrative review process is required to ensure that the activity, if established, will be in full compliance with applicable regulations and that such uses are compatible with the comprehensive plan, adjacent uses, and the character of the vicinity.
(Ord. 1246 § 21, 2000)
§ 22.70.002 Authority.
The director may approve, approve with conditions, modify and approve with conditions, or deny, an administrative use permit. An administrative use permit shall be approved when the director has determined that the criteria listed in FMC § 22.70.003 are met by the proposal. The director may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the director to make the required findings in FMC § 22.70.003. These conditions may include, but are not limited to restrictions in hours of operations; restrictions on locations of structures and uses; structural requirements which address safety, noise, light and glare, vibration, odor, views, aesthetics and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping.
(Ord. 1246 § 21, 2000)
§ 22.70.003 Criteria for administrative use permit approval.
Before any administrative use permit may be granted, the director shall adopt written findings showing that the following criteria are met by the proposal:
(a)
The proposed use will not be detrimental to the public health, safety, and welfare; injurious to property or improvements in the vicinity; or adversely affect the established character of the surrounding vicinity.
(b)
The proposed use will meet or exceed all applicable development, design and performance standards and guidelines required for the specific use, location, or zoning classification.
(c)
The proposed use will be consistent and compatible with the goals, objectives and policies of the comprehensive plan.
(d)
All conditions necessary to lessen any impacts of the proposed use are measurable and can be monitored and enforced.
(Ord. 1246 § 21, 2000)
§ 22.70.004 Application procedures.
An administrative use permit is classified as a Type II application. The processing procedures for this application are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC.
(Ord. 1246 § 21, 2000)
§ 22.70.005 Submittal requirements.
Application for an administrative use permit shall be submitted on forms provided by the department. A minimum of two sets of plans, materials and other applicable information specified in FMC § 22.06.002 shall be submitted with the application. Based on a preliminary review of the proposal, the director may determine that additional information, including the items listed in FMC § 22.72.009 (site plan review submittal requirements), is necessary to complete the review and shall be provided by the applicant.
(Ord. 1246 § 21, 2000)
§ 22.70.006 Amendment of administrative use permit.
An applicant may request an amendment to an approved administrative use permit by submitting to the department a description of the proposed amendment and accurate plans which clearly identify the proposed changes to the approved design, if applicable. The director may determine that:
(a)
The proposed amendment is exempt from further review because it represents a minor change from the terms of the original approval or the originally approved plans and the criteria listed in FMC § 22.70.003 continue to be met; or
(b)
The proposed amendment is subject to additional review because it represents a major change from the terms of the original approval or to the originally approved plans.
A request to amend an approved conditional use permit which has been determined to be subject to additional review shall be processed using the same procedures applicable to the original administrative use permit process. The director may impose conditions on the proposed amendment to ensure that the intent and conditions of the original approval are met. Deviations from an approved administrative use permit are not permitted unless an applicant first obtains approval in accordance with this section.
(Ord. 1246 § 21, 2000)
§ 22.70.007 Performance bond.
The director may require as a condition of administrative use permit approval that the applicant furnish the city with a performance bond, or other form of guarantee deemed acceptable by the city attorney, to secure the applicant's obligation to complete the provisions and conditions of the permit as approved.
(Ord. 1246 § 21, 2000)
§ 22.70.008 Duration of an administrative use permit.
In the event that an administrative use permit is not exercised within one year from the effective date of approval, it shall automatically become null and void; provided, however, that for good cause, the director may grant a one-time extension of one year if an extension request is filed with the department no less than 15 days prior to the date of expiration for the administrative use permit. A properly filed application for a time extension shall stay the effective date of expiration until action on the request has become final. The process for taking action on the request shall be the same used for the original administrative use permit application. Before taking action to grant an extension, the director shall adopt written findings showing that the following circumstances exist:
(a)
The proposal approved under the terms of the administrative use permit originally granted remains in conformance with current development standards contained in this title. (If the proposal no longer conforms to this title as a result of more restrictive standards being adopted subsequent to the original approval, the director may consider a modified proposal which would comply with the more restrictive standards.)
(b)
The findings adopted in support of the original administrative use permit request remain valid and supportive of the time extension request.
(Ord. 1246 § 21, 2000)
