Chapter 14.65
ADMINISTRATIVE USE PERMITS
Sections:
14.65.020 Action by the city planner or designee.
14.65.030 Conditions of approval.
14.65.040 Uses permitted with a use permit from the city planner.
14.65.080 Appeal, expiration, extension and revocation of use permits.
14.65.090 Subsequent review of use permits.
14.65.100 Modification of use permits.
14.65.010 General provisions.
(1) The city recognizes a need to provide an alternative permitting process for certain uses which, if operated and sited in accordance with this chapter and uniform adopted standards, or for a limited duration, are generally deemed compatible with other permitted uses in certain districts. Administrative use permits, which may be revocable, conditional or valid for a term period, may be issued by the city planner for any of the uses or purposes for which the permits are required or permitted by the terms of this chapter.
(2) Assurance of compliance with adopted use standards shall be required prior to permit issuance. [Ord. 409 § 3, 2017]
14.65.020 Action by the city planner or designee.
The city planner shall issue all use permits in accordance with this chapter. [Ord. 409 § 3, 2017]
14.65.025 Application.1
Application for an administrative use permit shall be made to the planning department in writing on a form prescribed by the planning commission and shall be accompanied by plans and elevations sufficient to show details of the proposed use of building and property and compliance with the applicable standards. [Ord. 409 § 3, 2017]
14.65.030 Conditions of approval.
The city planner may impose conditions necessary to assure public health, welfare and safety may be attached upon approval of an administrative use permit. Uses permitted with administrative use permits shall also be subject to those development standards applicable to the district for which the use is intended, except that the city planner may waive those standards based on the limited duration or scope of the project. [Ord. 409 § 3, 2017]
14.65.040 Uses permitted with a use permit from the city planner.
The following uses may be established subject to the issuance of an administrative use permit by the city planner unless permitted by right in the zoning district:
(1) Those uses requiring an administrative use permit as identified in Chapters 14.200, 14.250, 14.300, and 14.350 BMC;
(2) Relocation of an existing building or structure from one lot to another lot, or relocation of an existing building or structure within a parcel;
(3) Parking or access located off-site from the site being served; and
(4) Temporary uses as identified within BMC 14.65.050. [Ord. 409 § 3, 2017]
14.65.050 Temporary uses.
Temporary uses as described below may be approved by the city planner without a public hearing:
(1) Christmas tree sales (November 15th through January 1st) and fireworks sales (June 1st through July 5th);
(2) Flea markets, carnivals and bazaars for nonprofit organizations or for compensation (for no more than 25 days total activity within a six-month period);
(3) Recreational use of undeveloped land zoned for residential or commercial uses;
(4) Parking lot sales in commercial districts for more than seven days within a six-month period. Parking lot sales are allowed by right for up to seven days within a six-month period;
(5) Community parades and events within public rights-of-way. [Ord. 409 § 3, 2017]
14.65.060 Process.
Applications for an administrative use permit shall be reviewed for compliance with sanitation, noise attenuation, pedestrian and vehicular safety, light intrusion, aesthetics and site restoration standards appurtenant to the intended, the surrounding land uses and the district for which the use is intended. If all identified impacts to the public health, welfare and safety issues noted above will be adequately addressed by project design, temporary operation or through applied conditions, the city planner shall approve and issue the administrative use permit. [Ord. 409 § 3, 2017]
14.65.070 Activation.
Upon approval, and after expiration of the appeal period pursuant to Chapter 14.30 BMC (Procedures), a document titled “administrative use permit” shall be issued to the applicant. A copy of the document shall be placed in the official address file that is kept at City Hall. Final activation of the administrative use permit occurs when the construction, setup or other permit is issued and work commences on the site, or when the other action to commence operation occurs. If the project has not been activated within 30 days of approval, the administrative use permit shall be deemed expired. [Ord. 409 § 3, 2017]
14.65.080 Appeal, expiration, extension and revocation of use permits.
The appeal of a decision pertaining to an administrative use permit, and the expiration, extension and revocation of use permits are governed by the provisions of Chapter 14.30 BMC (Procedures). [Ord. 409 § 3, 2017]
14.65.090 Subsequent review of use permits.
When it is determined that there is need to review a previously issued use permit, the review of all administrative use permits shall be conducted in conformance with the following procedures:
(1) Unless otherwise stipulated in the conditions of approval for the administrative use permit, all administrative use permits shall be reviewed for conformance and automatic renewal within three years from the date of approval of the administrative use permit.
(2) Administrative use permit review shall be initiated by the city planner. If the use is found to be in compliance with the use permit and no complaints have been received against the use, then the city planner shall renew the use permit for an additional three years.
(3) If the use is found to not comply with the administrative use permit or if complaints have been received against the use, the city planner will review the situation and either:
(a) Resolve issues of nonconformance or complaints with the permittee and then renew the administrative use permit for an additional period of three years or less, at the discretion of the city planner; or
(b) If unable to resolve outstanding issues, the city planner shall forward the administrative use permit to the planning commission for review and action.
(c) Administrative use permit renewals forwarded to the planning commission shall either be approved or denied. Changes to the use permit may only be allowed subject to BMC 14.65.100.
(4) If renewal of an administrative use permit is denied, the previously permitted use shall be discontinued within 30 days of action by the city planner or planning commission and any physical improvements allowed subject to the use permit shall be eliminated or brought into conformance with city code within 90 days of action by the city planner or planning commission. [Ord. 409 § 3, 2017]
14.65.100 Modification of use permits.
The planning commission, at a noticed public hearing, may modify an existing administrative use permit by changing, deleting or adding conditions to the existing permit. Modification of an administrative use permit initiated by an applicant shall be considered as an application for a new use permit and shall require submittal of a complete city application form and appropriate filing fee. Any such modification shall be subject to the appeal process specified in Chapter 14.30 BMC (Procedures). [Ord. 409 § 3, 2017]
14.65.110 Permit signing.
The administrative use permit shall be deemed granted when the appeal period has lapsed and the permit has been signed by the applicant and the city planner. The applicant must sign the administrative use permit acknowledging all required conditions and terms within 30 days of receipt of the permit by certified letter. Any use permits approved that are not signed with return copies provided to the city within the 30-day period shall be deemed invalid. [Ord. 409 § 3, 2017]
Code reviser’s note: Ord. 409 added this section as 14.65.020. It has been editorially renumbered to avoid duplication.