Chapter 12.20
SPECIAL USE PERMITS – PRIVATE DRIVEWAYS
Sections:
12.20.010 Special use permit – Required.
12.20.030 Investigation and report to city council.
12.20.040 City council decision.
12.20.060 Expiration of special use permit.
12.20.070 Suspension or revocation.
12.20.090 Violation – Civil infraction.
12.20.010 Special use permit – Required.
There are some instances when the private sector needs to use a yet undeveloped city right-of-way for access to private property. The alternative to the process set forth in this chapter is for the city to require the applicant to fully improve the unimproved right-of-way for use as a public right-of-way. The purpose of this chapter is to provide a process for the city to accept and evaluate applications for such uses.
It is unlawful for any person, firm, or corporation to perform work to construct a non-exclusive use private driveway on or across an undeveloped and unimproved right-of-way without first obtaining a special use permit to do so pursuant to this chapter. (Ord. 1302 § 1, 2021; Ord. 540 § 1, 1977; Ord. 234 § 1, 1936).
12.20.020 Application – Fee.
A written application shall be filed with the city director of operations. The application shall state the nature of the request and show how the proposed activity will comply with the standards set forth in this chapter. A specific and detailed site plan and a one-time non-refundable application fee in the amount established by city council resolution shall be submitted with the application. The director of operations shall issue a determination of application completeness upon review of the application or shall notify the applicant of any items missing from the application. (Ord. 1302 § 1, 2021).
12.20.030 Investigation and report to city council.
After issuance of a determination of application completeness, the city planning director shall investigate the matter and prepare a staff report for the city council on the impact, if any, the proposed activity would have on the affected city right-of-way and on surrounding public and private properties. The staff report shall contain a recommendation and conditions and shall be presented to the city council as soon as practicable but no later than 45 days following receipt of a completed application. (Ord. 1302 § 1, 2021).
12.20.040 City council decision.
The city council shall review the staff report and render a written notice of decision within 45 days after receipt of the staff report which shall contain findings, conditions, and decisions.
A. The city council may grant a special use permit if the application is found to be of a beneficial nature to the community and that adjacent and surrounding properties will not be adversely impacted.
B. In granting a special use permit, the city council shall state under what conditions, if any, the permit has been issued. Any such conditions must be complied with. Violation of any condition shall result in revocation of the permit, and further use of the property shall constitute a violation of this chapter.
C. The decision of the city council may include a time limitation for the special use permit or a provision that the special use permit may be terminated by the city upon providing a defined period of notice prior to the termination. Any special use permit granted by the city council shall contain a provision that the permit shall terminate if the right-of-way is vacated or improved for use as a public right-of-way. Any special use permit granted by the city council shall contain an indemnification requesting the applicant to indemnify the city from any liability, and an insurance provision requiring the applicant to name the city as an additional insured.
D. In the event a special use permit is granted by the city council to an applicant, all driveway maintenance, including but not limited to installation, improvement, repair, and snow removal, shall be the sole responsibility of the applicant and the city has no duty or obligation to help with the same. (Ord. 1302 § 1, 2021).
12.20.050 Annual fee.
Applicants granted a special use permit shall pay the city an annual fee as established by city council resolution. (Ord. 1302 § 1, 2021).
12.20.060 Expiration of special use permit.
Any special use permit granted by the city council shall expire unless the privilege granted is utilized within two years after the granting of the special use permit. Any applicant holding an unexpired permit may apply for an extension of the time within which to commence work under the permit when such applicant is unable to commence work within the time required by this section. The mayor may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (Ord. 1302 § 1, 2021).
12.20.070 Suspension or revocation.
The city council may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is found to have been issued in error, or on the basis of incorrect information supplied, or in violation of any federal or state regulation, permit condition, or any provisions of this code. (Ord. 1302 § 1, 2021).
12.20.080 Recordation.
Special use permits granted pursuant to the provisions set forth in this chapter shall be recorded with the Chelan County auditor and shall run with the land and shall be binding on the successors and assigns of the applicant. (Ord. 1302 § 1, 2021).
12.20.090 Violation – Civil infraction.
Violations of this chapter are civil infractions punishable as set forth in CMC 1.20.010. (Ord. 1302 § 1, 2021).