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 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. (Ord. 5, 12-14-2006)
2. The application shall be accompanied by a fee as established by city council ordinance. Applications for amending administrative permits shall be accompanied by a fee as established by city council ordinance. (Ord. 5, 12-14-2006; amd. 2011 Code)
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 fifteen (15) business days of the date of submission.
4. The zoning administrator's review shall be based upon 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 subsection 11-3-2D of this chapter and all other applicable provisions of this title.
5. The zoning administrator shall make a determination on approval or denial of the administrative permit within sixty (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 title shall be attached to the permit.
7. Determination of noncompliance with applicable codes, ordinances, and the standards in this title 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 section shall be subject to appeal as defined by subsection 11-3-1F of this chapter.
C. Information Required: 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 and 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. Certification of current sales tax number as issued by the state, if applicable.
5. Information identified in subsection 11-3-6F of this chapter, as may be applicable.
D. 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 subsection 11-3-2D of this chapter. (Ord. 5, 12-14-2006)
E. Administration And Enforcement:
1. Performance Security: The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a cash escrow, irrevocable letter of credit, or other financial instruments which provide equivalent assurance to the city and which are approved by the city administrator. The security shall be in an amount determined by the city engineer or building official, under the direction of and approved by the council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the city. (Ord. 46, 9-24-2009)
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 section shall be in accordance with subsection 11-3-1I of this chapter. Violation of an issued permit or of the provisions of this section shall also be grounds for denial of future permit applications.
F. Certification Of Taxes Paid: Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.
G. 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 B4 of this section.
H. Site Improvement Performance Agreement And Financial Guarantee: Following the approval of an administrative permit or nonpermit approval as required by this section and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the administrative permit or nonpermit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in subsection 11-3-1E of this chapter. (Ord. 5, 12-14-2006)