(a)

Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative 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.

(b)

Procedure.

(1)

Application for or an amendment to 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.

(2)

The application for or an amendment to an administrative permit shall be accompanied by a fee set forth in the city's fee schedule.

(3)

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 ten days of the date of submission.

(4)

The zoning administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon, but not limited to, 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 section 4-3 and all other applicable provisions of this Code.

(5)

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.

(6)

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 Code shall be attached to the permit.

(7)

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

(8)

Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by subsection 4-30(e) of this Code.

(c)

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 subsection 4-35(f) of this Code, as may be applicable.

(d)

Performance standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

(e)

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 paragraph shall be in accordance with subsection 4-30(a) of this Code. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications.

(f)

Nonpermit 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 subsection 4-35(d) of this Code.

(g)

Performance agreement. Except in the case of nonincome producing residential property, upon approval of an administrative permit or approval, the city may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development in accordance with subsection 4-30(d) of this Code.

(h)

Appeals. Applicant may appeal a decision to deny an administrative permit or a condition of a permit approval through the appeals process outlined in subsection 4-30(e) of this Code.

(Ord. No. 2001-08; Memo. of 2-5-2018)