A. The
purpose of requiring administrative approval of certain enumerated
uses is to determine whether or not, in any particular case, a use
listed under a section of district regulations entitled "Permitted
uses—Administrative approval required" should be treated as
a conditional use because of the peculiar circumstances and conditions
of the case. This chapter sets forth the procedure for approval of
such use by an administrative act where findings can be made that
such use is in conformance with the intent and provisions of the district
regulations and other applicable regulations of this title. The provisions
of this chapter take cognizance of the impracticality of listing certain
uses as categorically possessing the characteristics of those uses
listed either the "Permitted use" or "Conditional use—Commission
approval required" sections of the various districts provided in this
chapter.
B. Where
a development agreement has been approved, administrative approval
shall not be required for any permitted use in the district in which
the subject property is located, unless otherwise specified in the
development agreement.
C. Except as provided in subsection
B and Sections
17.108.050 and
17.108.090, th
e provisions of Sections
17.108.010 through
17.108.060 shall apply to all uses listed as permitted uses, subject to administrative approval.
D. As
a matter of policy, any use listed as subject to administrative approval
shall be considered as if it were permitted use in the district where
listed, unless otherwise found to require modifications under the
review procedures provided in this chapter.
(Ord. 92-73; Ord. 16-359 § 1)
The director may grant an application for administrative approval as the permit was applied for, or in modified form if, on the basis of the application and evidence submitted, the director is able to make the findings prescribed under Section
17.112.060, plus the following additional findings:
A. That
the use will not involve any process, equipment or materials which,
in the opinion of the director, will be objectionable to persons living
or working in the vicinity by reasons of odor, fumes, dust, smoke,
cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination,
glare or unsightliness, or to involve any hazard of fire or explosion;
B. That
the proposed use will be harmonious with existing structures and use
of land in the vicinity.
(Prior code § 185.03)
One copy of the written decision of the director shall be signed
and dated by the director and mailed to the applicant.
(Prior code § 185.04)
Appeal of the approving authority's action on the request for administrative approval entitlement shall be made in accordance with the procedures specified in Chapter
17.125, Appeals.
(Prior code § 185.05; Ord. 19-405 § 1)
Upon violation of any applicable provisions of this chapter,
or, if granted subject to a condition or conditions, upon failure
to comply with the condition or conditions, a use permit shall be
suspended automatically. Notice of such suspension shall be sent immediately
to the person or persons responsible for noncompliance by the building
official. Within 30 days of the suspension, the city council shall
consider the suspension. If not satisfied that the regulation, general
provision, condition or conditions are being complied with, the city
council may revoke the use permit or take such action as may be necessary
to ensure compliance with the regulation, general provision, condition
or conditions.
(Prior code § 185.06)
Before a building permit shall be issued for any building or
structure proposed as part of an approved application for administrative
approval, the building official shall determine that the proposed
building location, facilities and improvements are in conformity with
the site plan and conditions as approved.
(Prior code § 185.07)
In order to assure the protection of the health, safety and
welfare of the citizens of the city, while still providing for their
pleasure and convenience, the community development director or the
city manager's designee may issue a permit for the establishment of
temporary uses within the city in accordance with the following procedure
and conditions; however, at his or her discretion or at the request
of the planning commission, he or she may refer any application for
a temporary use or structure to the planning commission for consideration.
A. Prior to the establishment of any temporary use on any lot or parcel in the city, an administrative approval shall be obtained from the planning division. Such permit may be issued for any use which is deemed by the community development director or the city manager's designee, to be of a temporary nature upon making the findings required in Section
17.108.030.
B. Temporary
uses for which permits may be granted include, but are not limited
to, carnivals, circuses, religious revivals, Christmas tree lots,
promotions and sales in trucks or trailers, animal shows or displays,
pumpkin patches, and live entertainment held indoors such as a live
band, disc jockey, karaoke, or similar activities, incidental to the
primary use of an existing business.
C. Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section, except as otherwise permitted pursuant to subsection
B of this section.
D. Ingress
and egress shall be limited to that designated by the community development
department. Appropriate directional signs, barricades, fences or landscaping
shall be provided where required.
E. Off-street
parking facilities shall be provided on the site of each temporary
use.
F. Upon
termination of the temporary use or abandonment of the site, the applicant
shall remove all materials and equipment and restore the premises
to its original condition.
G. The
opening and closing time for promotional enterprises shall coincide
with the hours of operation of the sponsoring commercial establishment.
Reasonable time limits for other uses may be set by the community
development director or the city manager's designee, based on the
impact of the use on surrounding properties.
H. The
following temporary uses are exempt from the permit requirements of
this chapter, provided that they comply with the development standards
listed herein:
2. Fireworks stand, provided that the necessary permit(s) are obtained from the fire department and/or other regulatory agencies consistent with the requirements of Chapter
8.13.
3. Temporary events sponsored by the city and held on city owned facilities
or property.
4. Temporary construction/laydown yard for a utility company that is
associated with a construction project in the city.
I. Applications
for temporary permits shall be submitted and processed as described
in this chapter except that the application shall be accompanied by
the following:
1. Five copies of a dimensional plot plan showing the following:
a. The subject property with the lot lines and abutting properties,
b. The location of the temporary use related to the subject and adjoining
properties,
c. The parking, driveways and loading areas,
d. The vehicular ingress and egress;
2. One copy of the dimensioned elevations of any structure proposed
for the location;
3. A description of the proposed means of providing sewer and water
to the site, if appropriate;
J. The community development director or the city manager's designee shall have the authority to approve or disapprove the application, or to approve it subject to compliance with such conditions as may be deemed necessary to carry out the purposes of this title and to meet the requirements listed in subsection
A of this section.
K. In the event the applicant is not satisfied with the decision of the community development director or the city manager's designee, the applicant may appeal the decision as outlined in Section
17.108.050.
(Ord. 99-168; Ord. 10-298 § 1; Ord.
13-329 § 1; Ord. 22-431 § 1; 22-442 § 1)