§ 12.7. Administrative permits for minor modifications to eligible facilities.

1.

The code official may issue administrative permits for minor modifications to eligible facilities without the necessity of planning approval or a public hearing.

2.

To obtain an administrative permit, the owner must submit an eligible facilities request on such forms as may, from time to time, be prescribed by the code official. The application shall provide the information necessary to demonstrate compliance with this article, including, but not limited to, the following:

(a)

A copy of the lease or letter of authorization from the property owner evidencing applicant's authority to pursue a permit.

(b)

Site plan, if deemed necessary by the code official.

(c)

Payment of the nonrefundable fee(s) set forth in the resolution adopted by the city council pursuant to this ordinance.

3.

Procedure. Within 30 days of the receipt of an application for an administrative permit, the code official shall inform the applicant in writing:

(a)

That the application is complete and that the work qualifies for an administrative permit;

(b)

That the application is not complete, stating reasons why the application does not meet the submittal requirements; or

(c)

That the application does not qualify for an administrative review, and stating the reasons for such determination.

4.

Incomplete applications. An applicant that receives notice of an incomplete application, or that the application does not qualify for administrative review, may submit additional documentation. An applicant's failure to complete the application within 30 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application and the payment of a new fee.

5.

Decision on application. The code official shall issue a written decision approving, approving with conditions, or denying the request for an administrative permit within 90 days of the submission of the completed application, unless otherwise agreed to by the applicant. In the case of a denial, the code official shall also provide written notice to the applicant of the reasons for the denial.

6.

Right to appeal. The applicant may appeal any decision of the code official within 30 days to the city council. The burden is on the applicant to demonstrate, by substantial evidence, that the decision was contrary to this ordinance and/or constituted an abuse of discretion.

(Ord. No. 05-2013, 5-13-2013)