Subd. 1. Purpose. The purpose of this subsection 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 or designee with the goal of protecting the health, safety, and welfare of the citizens of the city.
Subd. 2. Procedure. The applications which may be approved by administrative permit include: zoning permits; building permits; temporary use permits; site plans; zoning certificates; provided they comply with all sections of this chapter. The procedure for filing administrative permits is outlined below.
1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator or designee on forms to be provided by the city.
2. The application shall be accompanied by a non-refundable filing fee and escrow, as set forth by City Council for administrative permit applications. Applications for amending permits shall be accompanied by a non-refundable fee as set forth by City Council for administrative permits.
3. The Zoning Administrator or designee 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 subsection. The Zoning Administrator or designee shall notify the applicant, in writing, of an incomplete application within 15 business days of the date of submittal. The request shall be considered as being officially submitted when all of the information requirements are deemed to be complete by the Zoning Administrator and the applicable fees and escrows have been paid. The formal review will not commence until such a time as the application is complete.
4. The Zoning Administrator or designee 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 promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort;
c. The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
d. The establishment of the use, event, or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
e. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed;
f. The use, event, or activity shall, in all other respects, conform to the applicable regulations in which it is located; and
g. The use, event, or activity and site conform to the performance standards outlined in Section 1006 and all other applicable provision of this chapter.
5. The Zoning Administrator or designee shall make a determination on approval or denial of the administrative permit within 60 days from the date of submittal 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 chapter shall be attached to the permit.
7. Determination of non-compliance with applicable codes, ordinances, and the standards in this item 2.7 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 1002.13 of this chapter.
Subd. 3. Information Requirement. The information required for all administrative permit applications shall include all information as identified on the city’s administrative permit handout.
Subd. 4. 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 Section 1006 of this chapter.
Subd. 5. 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 item 3 shall be in accordance with subsection 1002.02 of this chapter. Violation of an issued permit or of the provisions of this subsection also shall be grounds for denial of future permit applications.
Subd. 6. Inspection. The city hereby reserves the right, upon issuing any administrative permit, to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.
Subd. 7. Performance Agreement. Upon approval of an administrative permit the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the administrative permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by Section 1006.