The administrative permit enumerated in Chapter 17.48 may be allowed in an eligible zoning district upon review and action by the planning official to issue an administrative permit. Issuance of an administrative permit shall be subject to such reasonable conditions and safeguards in order that the administrative permit complies with the general intent and specific provisions of this chapter and be in harmony with the character of the surrounding area. Specific decision-making criteria are contained below.

Administrative permits shall be permitted indefinitely unless otherwise specified by the planning official or until the land use changes or is terminated, whichever occurs first. The planning official may reclassify the application to a conditional use permit as deemed necessary by the planning official. Each administrative permit approved by the planning official is subject to review as often as city council deems appropriate and reasonable. In addition, city council may, for proper cause, revoke an administrative permit.

(Ord. No. 2016-6, § 1, 7-5-16; Ord. No. 2023-2, § 6, 7-5-23)

Application for an administrative permit shall require submission of: (a) an application on a form provided by the city; (b) submission of a letter of intent; (c) submission of written answers to the approval criteria; and (d) submission of site plan.

The appropriate filing fees (see Chapter 17.96) shall accompany the submission of the above materials.

(Ord. No. 2016-6, § 1, 7-5-16; Ord. No. 2023-2, § 6, 7-5-23)

A.

Administrative permit applications, with all supporting documents and fees, shall be submitted to the planning official to review for compliance with the requirements of this title.

B.

After an application is determined to be complete by the planning official, it shall be reviewed for compliance with the criteria for approval stated below.

C.

A letter, which shall include any conditions of approval, typed or printed on city stationary and signed by the planning official shall be considered to be a formal permit authorizing an administrative permit under this chapter.

D.

An administrative permit will be revoked if the use has not been established within two years of the approval.

(Ord. No. 2016-6, § 1, 7-5-16; Ord. No. 2023-2, § 6, 7-5-23)

All actions by the planning official in reviewing and approving an administrative permit application shall be based in general upon the provisions of this chapter and specifically on the following criteria:

A.

That the proposed administrative permit use conforms to the requirements and provisions of this zoning regulation;

B.

That the proposed administrative permit use is consistent with and in compliance with the Leadville comprehensive plan, as amended;

C.

That the proposed administrative permit use is consistent with and in harmony with neighboring land uses and future intended land uses in the area;

D.

That the proposed administrative permit use will not result in overly intensive use of the land relative to the surrounding land;

E.

That the proposed administrative permit use will not result in excessive traffic congestion or hazards to vehicular or pedestrian traffic;

F.

That the proposed administrative permit use will not unnecessarily scar the land on which such use would be located and that the site be free from loose piles of soil or other materials and open, unprotected pits or holes;

G.

That the proposed administrative permit use will not be likely to prove detrimental to the public health, safety or welfare of city residents nor cause hardship for neighboring persons;

H.

That the proposed site of the administrative permit use is and will be free from natural and manmade hazards or such hazards as have been identified can and will be adequately mitigated;

I.

That all roadway systems and access roads will be open and readily accessible to police, fire and other emergency and public safety vehicles on a year-round basis.

(Ord. No. 2016-6, § 1, 7-5-16; Ord. No. 2023-2, § 6, 7-5-23)

At such intervals as the planning official may have specified in its initial decision, or when there is an alleged violation of the provisions of an administrative permit, the planning official shall review the terms, conditions or other provisions of the issued administrative permit. If the planning official determines that a violation exists, the planning official shall provide written notice of the violation to the property owner. Such notice shall specify time period(s) in which any violations shall be corrected.

Failure of the administrative permit holder to comply within the stipulated time period(s) with any of the conditions under which the permit was issued, or to comply with the original application provisions, shall be adequate reason for revocation of any administrative permit. If the violation is not corrected within the required time period, the planning official shall revoke the permit by providing written notice to the property owner of revocation and the effective date of revocation.

(Ord. No. 2016-6, § 1, 7-5-16; Ord. No. 2023-2, § 6, 7-5-23)

A.

Fee Structure. The fee structure for the processing of administrative filing and application fees is available in the planning and zoning office.

(Ord. No. 2016-6, § 1, 7-5-16)

A.

Appeals to city council may be made by any person(s) aggrieved by an inability to obtain an administrative permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. Appeals shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to have occurred or to be in error.

B.

The concurring vote of four members of the council shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency or otherwise to decide in favor of an applicant or an appellant appearing before the council.

C.

City council shall set a public hearing date on all appeals. A notice of public hearing shall be published in a legal publication in the city at least seven days prior to the hearing with notification of the hearing date and subject of the hearing.

A copy of the notice shall be deposited in the United States mail by the applicant, first class postage prepaid, postmarked at least fifteen (15) days prior to the scheduled hearing date, and to all listed owners of record of all property owners within in a two hundred (200) foot radius. This mailed notice shall also be sent to all adjacent mineral rights owners and lessees and easement holders, as shown on the records of the office of the Lake County assessor. The notice shall include a short narrative describing the relief sought and an announcement of the date, time and location of the scheduled hearing. The applicant shall submit a signed affidavit, in a city-approved form, to the city prior to the date of the hearing evidencing that the required mailing was performed in accordance with this section. Failure to mail such notice shall not affect the validity of any hearing or determination by planning commission or city council, as applicable.

In addition, the applicant shall cause to have posted on the property in question, in a conspicuous location, a sign supplied by the city, stating the time, date, location and subject of the hearing. Such sign(s) shall be posted at least fourteen (14) days before the scheduled date of the hearing.

D.

All appeals shall be in writing and on such forms as shall be prescribed by city council. The appropriate filing fee shall accompany the application. Every appeal shall state what provision(s) of the zoning regulation is/are involved, what relief from the provision(s) is being sought, and the grounds on which the relief should be granted to the applicant. The mayor shall call a meeting of the city council scheduled to take place within thirty (30) days of the submission of the appropriate materials, including proof of notification of a public hearing, and at the same time city council may transmit a copy of the appeal to the planning commission or other appropriate public bodies for review and comment.

E.

Appeal applications submitted to city council shall include a full and accurate legal description of the land involved.

F.

Upon reaching a decision in the manner described above, the city council shall notify the applicant(s) in writing within ten (10) working days after city council takes action on an appeal.

(Ord. No. 2016-6, § 1, 7-5-16)