Chapter 18.16
LAND USE PERMITS
Sections:
18.16.020 By-right land use activity.
18.16.030 General land use permit.
18.16.040 Administrative review.
18.16.060 Example and summary of administrative requirements.
18.16.010 General provisions.
A. Purpose. Unless a land use activity is a by-right land use activity, as described in Section 18.16.020, no party shall construct, construct an addition to, substantially improve, change the principal use of, or relocate a structure, or construct a driveway or fence within the city without first securing from the city planning department a land use permit for each parcel on which the structure, driveway or fence is or will be located.
B. Administrator. The planning director shall administer and implement this title.
C. Alternate to Director. In the event that the planning director is out of town, the position is vacant, or the director is otherwise unavailable for more than one week, the city manager has the option of designating an interim administrator of this title. The interim administrator may include the city manager, another city employee or the planning commission.
D. Expiration of Approval. An applicant has two years from the approval date to make substantial progress on the structures and uses that have been approved. If substantial progress has not been made within two years, the approval expires. If the applicant desires the structures and uses to be reapproved, a new permit application must be submitted. (Ord. 14-06 § 1 (part), 2014.)
18.16.020 By-right land use activity.
A. Purpose. Those land uses with the least significant impact on the natural or built environments shall be considered by-right activities. By-right land uses are deemed appropriate due to their minimal size and low impact on surrounding neighborhoods and/or properties. Acknowledging certain uses as by-right serves to expedite the process of constructing or establishing such use.
B. Authority. By-right land uses require no application or formal review from city of Dillingham staff, or by an elected or appointed body. It is the responsibility of the property owner to ensure compliance with the requirements of the underlying land use district.
C. Authorized By-Right Land Uses. By-right uses are those structures or uses that are nonhabitable and clearly ancillary or secondary to the parcel’s principal use, such as a small smoke house or “steam.” A by-right building shall not exceed one hundred fifty square feet in size.
D. Process. If a person wishes to construct or establish a by-right land use, they may do so without supplying any material to the city of Dillingham. No formal review procedure is necessary. (Ord. 14-06 § 1 (part), 2014.)
18.16.030 General land use permit.
A. Purpose. General land use permits are required for all land uses not considered by-right land uses. The purpose of the permit is to ensure that the standards of the underlying land use district are satisfied. These standards may include, but are not limited to: setbacks, maximum building height, building size, density, open space, on-site and septic well systems and the intended use.
B. Authority. The planning director shall review all general land use permits.
C. Authorized Uses for General Land Use Permit. All land uses, other than those allowed as by-right land uses, or those required to follow the administrative review or conditional use process, shall require a general land use permit.
D. Standards Applicable to General Land Use Permits. Only those standards stated in Chapter 18.20, Land Use Districts, shall be applicable to a general land use permit; however, the planning director may impose conditions to a general land use permit if regulations pertaining to the specific use, building or structure in this code grant such authority.
E. Process. A general land use permit shall be processed as follows:
1. A voluntary pre-application conference may be held with the planning director;
2. The planning department shall make available the general land use permit form that outlines the necessary material and specific format for the permit application;
3. Upon receiving a complete general land use permit form, the planning director shall conduct a review to determine whether the proposed land use complies with the applicable land use district standards; and
4. The planning director shall approve or deny the application no more than thirty days after it has been submitted.
F. Revision of Permit. An applicant may seek approval from the planning director to revise an approved permit without having to submit a new application if:
1. The revision does not change the use, add an additional use or expand the combined area of the approved buildings or uses by more than twenty-five percent; or
2. The revision is for the purpose of mitigating impact to historic resources according to Chapter 18.32. (Ord. 14-06 § 1 (part), 2014.)
18.16.040 Administrative review.
A. Purpose. An administrative review is for those land uses which are generally compatible with the other permitted uses in a land use district, but which require individual review of their location, design, operation characteristics, intensity and density to ensure the appropriateness of the land use in the land use district.
B. Authority. The planning director, in accordance with the procedures, standards and limitations of this title, shall approve, approve with conditions or deny a land use application requiring an administrative review.
C. Uses Requiring Administrative Review. Chapter 18.20, Land Use Districts, shall define those uses which require an administrative review. A land use subject to an administrative review shall be evaluated by the planning director for compliance with the standards and conditions set forth in this chapter.
D. Standards Applicable to Administrative Review. When considering a development application for administrative review, the planning director shall consider whether all of the following standards are met, as applicable:
1. The use is consistent with the intent of the land use district in which it is proposed to be located and complies with all other applicable requirements of this title;
2. The use is compatible with the mix of development in the immediate vicinity of the parcel in terms of scale of development, safety, and type of use, as well as with any applicable comprehensive, neighborhood, or master plan;
3. The location, size, design and operating characteristics of the proposed use minimizes adverse off-site effect by meeting the standards specified in this code, including drainage or other water quality impacts, visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties;
4. There are adequate public facilities and services to serve the use including but not limited to roads, water, sewage, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools; and
5. The planning director may impose such conditions on an administratively-reviewed use that are necessary to maintain the integrity of the city’s land use districts and to ensure the use complies with this chapter and this title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to, imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, stormwater management, signage, off-street parking and other similar features, the construction of public facilities to serve the use and limitations on the operating characteristics, hours of operation and duration of the use.
E. Process. An application for administrative review shall be processed in accordance with the following:
1. A voluntary pre-application conference may be held with the planning director;
2. Upon receiving a complete administrative review application, the planning director shall conduct a review and prepare a determination; and
3. The planning director shall approve, approve with conditions, or deny the application no more than forty-five days after receiving a complete application.
F. Application. At a minimum, all administrative review applications shall include the following information and materials:
1. A completed city of Dillingham general land use permit form;
2. A disclosure of ownership of the parcel proposed for development, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner’s right to apply for the development application. If there is a question determined by the city regarding ownership of the property, which could be resolved by a title insurance company, the city may request the applicant provide a certificate of plat or current title insurance policy indicating the legal and equitable owners. The certificate shall be current within thirty days of the application. Also;
3. An eight-and-one-half-inch by eleven-inch vicinity map locating the subject parcel within the city of Dillingham;
4. A site plan depicting the proposed layout and the project’s physical relationship to the land and its surroundings;
5. A site improvement survey certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including any easements or rights-of-way. This requirement or any part thereof may be waived by the planning director if the project is determined not to warrant a survey document;
6. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application;
7. A sketch plan of the site showing existing and proposed features relevant to the review of the application, including:
a. Location, dimension, and use of all structures;
b. Location and dimensions of all existing and proposed roads, driveways, parking areas, patios, decks, walkways, and other impervious area(s); and
c. Distances of existing and proposed structures from all property lines, rights-of-way, and easements;
8. A written description of the operational characteristics of the proposed use;
9. Any additional materials required for the specified land use type.
G. Amendment to Approved Administrative Review.
1. Minor Amendment. A minor amendment to an approved administratively reviewed use may be authorized by the planning director. Revisions for the purpose of mitigating impact to historic resources according to Chapter 18.32 may be reviewed as a minor amendment. Other minor amendments shall be limited to changes which meet all of the following standards:
a. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise;
b. The change will not affect the character of the neighborhood in which the use is located;
c. The change will not substantially alter the external visual appearance of the building or its site.
2. Major Amendments. Any amendment that changes an approved use to the extent that it no longer meets the criteria for administrative review shall be reviewed by the planning commission as a proposed conditional use. (Ord. 14-06 § 1 (part), 2014.)
18.16.050 Conditional use.
A. Purpose. Conditional uses are those land uses whose impact to the general community requires careful review. These impacts may include location, design, operation characteristics, intensity and density that potentially exceeds the normal expectations of the underlying land use district. As such, conditional uses warrant a review before a public forum.
B. Authority. Conditional use applications are reviewed by the planning commission during a public hearing. The planning commission, in accordance with the procedures, standards and limitations of this chapter, shall by resolution approve, approve with conditions, or deny a land use application for a conditional use, after receiving recommendation from the planning director.
C. Authorized Conditional Uses. Only those uses which are authorized as a conditional use for each land use district in Chapter 18.20, Land Use Districts, may be considered for conditional use review. The designation of a land use as a conditional use in a land use district does not constitute an authorization of such land use or act as an assurance that such land use will be approved as a conditional use; rather, each proposed conditional use shall be evaluated by the planning commission for compliance with the standards and conditions set forth in this chapter.
D. Standards Applicable to Conditional Uses. When considering a development application for a conditional use, the planning commission shall consider standards in Section 18.16.040(D)(1) through (5), Standards Applicable to Administrative Review, as applicable.
E. Process. An application for review of a conditional use shall be processed in the following manner:
1. A voluntary pre-application conference may be held with the planning director;
2. Upon receiving a complete conditional use application, the planning director shall conduct a review and prepare a recommendation for the planning commission;
3. A public hearing before the planning commission shall be conducted no later than sixty days after receiving a complete application;
4. Following the public hearing, the planning commission shall by resolution (with appropriate findings of fact) approve, approve with conditions, or deny the application;
5. Notice requirements for conditional use applications shall include the following:
a. The applicant shall post a public notice sign on the subject property describing the owner, applicant, request, and date of the public hearing. The sign shall be at least twenty-four inches in width by thirty-six inches in height, with lettering at least one inch in height. The sign shall be visible from the highest traveled public right-of-way adjacent to the property. Notice signs can be obtained from the city;
b. At least thirty days prior to the date of the scheduled public hearing, the city shall mail a public notice announcing the owner, applicant, request, location of the proposed use and date of the public hearing to all property owners within five hundred feet of the subject property boundary; and
c. At least thirty days prior to the date of the scheduled public hearing, the city shall publish notice of the time and place of the hearing in the manner required by Section 2.08.020.
F. Application. An application for conditional use shall include the same material required for administrative review, found in Section 18.16.040.
G. Amendment to Approved Conditional Use. This process is the same as specified under the administrative review process, found in Section 18.16.040(G). (Ord. 14-06 § 1 (part), 2014.)
18.16.060 Example and summary of administrative requirements.
The following table summarizes and provides examples of the requirements of this chapter. In case of any conflict between the table and requirements set forth in Sections 18.16.010 through 18.16.050, Sections 18.16.010 through 18.16.050 shall control:
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BY-RIGHT LAND USE |
GENERAL LAND USE |
ADMINISTRATIVE REVIEW |
CONDITIONAL USE |
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Permit Required |
No |
Yes |
Yes |
Yes |
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Review Time Frame |
Immediate |
Up to 30 days |
Up to 45 days |
Up to 45 days |
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Review Authority |
None required |
Planning director |
Planning director |
Planning commission |
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Appeal Authority |
Not applicable |
Board of adjustment |
Board of adjustment |
Board of adjustment |
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Review Authority May Apply Conditions? |
No |
No |
Yes |
Yes |
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Examples of uses |
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(Ord. 14-06 § 1 (part), 2014.)