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A. Purpose: This section sets forth the procedure for considering and approving a temporary use permit including seasonal and temporary sales uses.
B. Authority: The community development director may issue a temporary use permit as provided in this section.
C. Initiation: A person may apply for a temporary use permit as provided in this section. An agent of such person shall provide an affidavit of authorization.
D. Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.
1. Submission of an application for a temporary use permit shall be as provided in chapter 13.03 of this title. The application shall also show:
a. The requested temporary use;
b. The place, date, and hours of operation of the proposed use;
c. A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the temporary use, and an explanation of how the number was derived, such as the number of presold tickets, available seating and/or parking, and past experience with similar activities;
d. The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:
(1) A scale drawing of the area in which the use is to be conducted, showing the location of existing structures and improvements on the site of the proposed temporary use, such as, parking areas, curbs and outside storage areas; and
(2) Sufficient evidence to demonstrate that the temporary use will meet the requirements of this section; and
(3) Written approval from the property owner to locate on the site;
(4) Other information as reasonably requested by the community development director to determine the feasibility of the temporary use.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall act upon the temporary use permit application based upon the standards set forth in subsection E of this section. To determine the compatibility of uses, the community development director may call a public hearing before the planning commission.
4. A record of each temporary use permit shall be maintained in the community development department.
E. Approval Standards: The following standards shall apply to the issuance of a temporary use permit:
1. A temporary use shall conform to all recommendations received from the technical review committee.
2. No temporary use permit shall be issued unless the community development director finds the proposed temporary use:
a. Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements, or the public in general;
b. Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on a primary arterial street or principal commuter route designated by the city;
c. Will not conflict with construction or development in a public right of way or at public facilities;
d. Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city;
e. Will not conflict with nor be incompatible with the permitted uses and regulations of the zone where the temporary use will be located; and
3. In issuing a temporary use permit, the Community Development Director may determine:
a. The length of time the permit may remain valid;
b. The hours of operation of the use; and
c. Other regulations necessary for the public welfare.
F. Appeal: A person adversely affected by a decision of the Community Development Director regarding approval or denial of a temporary use permit may appeal the decision to the Planning Commission.
G. Effect Of Approval: Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the Community Development Director.
H. Amendment: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.
I. Expiration: A temporary use permit shall expire as provided in the permit. (Ord. 2012-15, 9-20-2012)
A. Purpose: This section sets forth the procedure for determining zoning compliance of a building permit application. This section applies, in addition to all applicable requirements of building codes and regulations adopted by the City.
B. Authority:
1. The Community Development Director, with a recommendation from the TRC, is authorized to review building permits for zoning compliance as provided in this section.
2. The building official is authorized to review and approve a building permit as provided in the building codes adopted by the City.
C. Initiation: A property owner or owner's authorized agent may apply for a building permit as provided in the building codes adopted by the City.
D. Submission: A complete building permit application and applicable zone worksheet shall be submitted to the Technical Review Committee in a form established by the Community Development Director along with a fee established by the City.
E. Zoning Compliance Approval Standard: No building permit shall be approved for zoning compliance unless the proposed building, structure, or use when built and the land on which it is located will conform to the provisions of this title and those conditions of approval required under a permit applicable to the subject property. (Ord. 2017-20, 8-3-2017)
F. Appeal: A person adversely affected by a decision of the Community Development Director regarding zoning compliance of a building permit may appeal such decision to the Administrative Appeals Board.
G. Effect Of Approval: Approval of zoning compliance shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to other requirements of the issuance of a building permit as contained in this title and other applicable provisions of this Code.
H. Amendment: The procedure for amending a building permit zoning compliance decision shall be the same as the original procedure set forth in this section.
I. Expiration: A building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within the time period provided by the adopted Building Code. (Ord. 2012-15, 9-20-2012)
Procedures for application review and approval of condo conversions shall be pursuant to chapters 13.85 and 13.10 of this title. (Ord. 2012-15, 9-20-2012)
A. Purpose: The provisions of this title, though detailed and extensive, cannot as a practical matter address every specific situation to which these provisions may be applied. This section allows the Community development director to interpret a provision of this title in light of the general and specific purposes for which it was enacted and as applied to specific circumstances.
B. Authority: The community development director is authorized to render interpretations of the provisions of this title, and a rule or regulation adopted pursuant thereto, as provided in this section.
C. Initiation: A person may request an administrative interpretation as provided in this section. An agent of such person shall provide a notarized authorization.
D. Procedure: An application for an administrative interpretation shall be considered and processed as provided in this subsection.
1. Submission of an application for an administrative interpretation shall be as provided in chapter 13.03 of this title.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall make the requested administrative interpretation based upon the standards set forth in subsection E of this section.
4. A record of each administrative interpretation shall be maintained in the community development department.
E. Administrative Interpretation Standards: The following standards shall apply to an administrative interpretation:
1. An administrative interpretation shall not add to or change the provisions of this title.
2. Questions about the location of zone boundaries shall be resolved by applying the standards set forth in chapter 13.11 of this title.
3. An administrative interpretation shall be consistent with:
a. The provisions of this title; and
b. A previously rendered interpretation based on similar facts.
F. Appeal: A person adversely affected by an administrative interpretation may appeal the interpretation to the planning commission.
G. Effect Of Approval: An applicant shall conform to the administrative interpretation as determined by the community development director, or on appeal, by the planning commission. (Ord. 2012-15, 9-20-2012)
A. Purpose: This section sets forth the procedure for considering and approving an application for a change of use.
B. Authority:
1. The community development director may approve a change of use upon making the following findings:
a. The requested change of use is either permitted by current zoning, or is substantially consistent with an established permitted use, conditional use or legally established nonconforming use on the site;
b. Existing uses on the site were permitted, or were granted a conditional use permit when the site plan was approved;
c. If required by the international building code, a certificate of compliance application has been approved by the city building official.
2. No change of use application shall be approved unless the proposed use will conform to the provisions of this title and those conditions of approval required under a permit applicable to the subject property.
C. Initiation: A person may apply for change of use as provided in this section. An agent of such person shall provide an affidavit of authorization.
D. Submission: A complete application and fee shall be submitted to the community development director.
E. Appeal: A person adversely affected by a decision of the community development director regarding a change of use may appeal such decision to the administrative appeals officer.
F. Effect Of Approval: Approval of a change of use by the community development director shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to other requirements of the issuance of a building permit as contained in this title and other applicable provisions of this code. (Ord. 2012-15, 9-20-2012)
A. Purpose: A special exception is an activity or use incidental to or in addition to the principal use(s) permitted in a zoning district or an adjustment to a fixed dimension standard permitted as exceptions to the requirements of this title of less potential impact than a conditional use but which requires a careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. A special exception may or may not be appropriate in a particular location depending on the local impacts, and consideration of ways to minimize adverse impacts through special site planning and development techniques.
B. Authority: The planning commission may approve only the special exceptions authorized by this title in accordance with the procedures and standards set out in this chapter and other regulations applicable to the district in which the subject property is located.
C. Initiation: A property owner may apply for a special exception as provided in the provision of this title authorizing such special exception. An agent of a property owner shall provide an affidavit of authorization. (Ord. 2012-15, 9-20-2012)
D. Procedure:
1. An application for a special exception shall be submitted as provided in chapter 13.03 of this title.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for review. (Ord. 2016-04, 4-14-2016)
4. Notice of the planning commission's first public hearing, shall be provided as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)
5. Following the public hearing, the planning commission shall:
a. Approve the application, with or without additional requirements;
b. Continue review of the application; or
c. Deny the application. (Ord. 2016-04, 4-14-2016)
E. Approval Standard: No application for a special exception shall be approved unless the planning commission shall determine that the proposed special exception is appropriate in the location proposed based upon its consideration of the general standards set forth below and, where applicable, the specific conditions for certain special exceptions as set forth in section 13.08.150 of this chapter.
1. The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district were established.
2. The proposed use and development will not substantially diminish or impair the value of the property within the neighborhood in which it is located.
3. The proposed use and development will not have a material adverse effect upon the character of the area or the public health, safety and general welfare.
4. The proposed special exception will be constructed, arranged and operated so as to be compatible with the use and development of neighboring property in accordance with the applicable district regulations.
5. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.
6. The proposed use and development will not cause material air, water, soil or noise pollution or other types of pollution.
7. The proposed use and development complies with all additional standards imposed on it pursuant to section 13.08.150 of this chapter.
F. Additional Requirements: The Planning Commission may impose conditions and limitations as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the special exception or upon public facilities and services. These conditions may include, but are not limited to, conditions concerning use, construction, operation, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in the motion granting the special exception.
G. Extensions: No special exception shall be valid for a period longer than one year unless a building permit is issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period.
1. The Planning Commission may grant an extension of a special exception for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact.
2. Extension requests must be submitted to the Planning Commission in writing prior to the expiration of the exception.
Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special exception.
H. Appeal: A person adversely affected by a decision of the Planning Commission regarding a land use permit approved under this section may appeal the decision to the City Council.
I. Effect Of Approval: Approval of a special exception shall authorize an applicant to proceed with the thing authorized by the exception.
J. Amendment: The procedure for amending a special exception issued pursuant to this section shall be the same as the original procedure set forth in this section.
K. Expiration: A special exception issued pursuant to this section shall expire and have no further force or effect if the exception authorized by the approval is not commenced within one year.
L. Revocation: Violation of any such requirement or limitation placed on the special exception by the Planning Commission approval shall be a violation of this title and shall constitute grounds for revocation of the special exception. The Planning Commission may revoke a special exception as per chapter 13.09 of this title. (Ord. 2012-15, 9-20-2012; Ord. 2021-18, 8-5-2021)
For development and review procedures see chapter 13.50 of this title. (Ord. 2014-05, 4-17-2014)
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