Chapter 16.12
PERMIT APPROVALS BY CITY PLANNER

Sections:

16.12.010    Approvals by planner.

16.12.020    Administrative approval and use permits.

16.12.030    Temporary uses and buildings.

16.12.040    Elevation.

16.12.010 Approvals by planner.

A.    Section 16.20.020 includes a use chart describing the type of permit needed before initiating a use of land. There are three types of permit: (1) administrative approval (“AA”); (2) use permit (“UP”); and (3) conditional use (“CU”). This chapter describes the procedures that apply to administrative approvals and use permits; Sections 16.16.010 through 16.16.040 describe the procedures that apply to the elevation of administrative approvals and use permit decisions to the commission, pursuant to Section 16.12.040, and to conditional uses. Applications are also required for rezonings (Section 16.16.070), for subdivisions (Section 16.28.030), for signs (Section 16.32.060) and for variances (Section 16.28.110).

B.    The planner may approve uses that are listed as administratively approved (“AA”) or as a use permit (“UP”) in the use chart of Section 16.20.020. Approvals by the planner are intended to provide assistance to developers in locating and designing uses to be in conformance with the neighborhood character and city adopted policies and standards. The application and approval process is also intended to ensure that uses comply with other laws that may apply such as state fire codes and Matanuska-Susitna Borough programs including: coastal management, shoreline protection program and flood damage prevention. (Ord. 09-13 § 3, 2009; prior code § 16.43.400)

16.12.020 Administrative approval and use permits.

A.    An administrative approval (“AA”) or a use permit (“UP”), as defined in Section 16.04.070 or listed on the district use chart in Section 16.20.020, is within the authority of the planner to approve. Developers must file an application with the planner and receive a permit or approval prior to commencement of the use.

1.    Application. A completed application on a form supplied by the city and appropriate fee shall be submitted to the planner. If a site plan is required under Section 16.08.015, a site plan conforming to the requirements of that section shall be submitted as part of the application. Within one day of receipt of the application, the planner shall determine if the application, including any required site plan, is complete and the submission requirements are met. If the requirements are not met, the planner shall return the application to the applicant for modification or correction. If the planner fails to act on the application within one day, the application shall be considered complete and accepted for review.

2.    Administrative Approval (AA). If the accepted application is for an administratively approved use (see Section 16.20.020), the planner may issue an approval. The planner may place reasonable conditions on the permit to ensure that the use will comply with the general approval criteria in Section 16.16.050. The planner will act on an application for an administratively approved use within two days after acceptance. Prior to the expiration of the two-day review, the planner may elevate (see Section 16.12.040) the review upon written notice to the developer or the developer may request an extension of the administrative review in writing. The elevation shall be in compliance with Section 16.20.020. For good cause, the planner may extend the time for issuance of the decision on the permit, not to exceed an additional five days.

3.    Use Permit. If the accepted application is for a use permit, the planner shall, within three days of acceptance of the application, issue a public notice for review and comment based upon the general approval criteria in Section 16.16.050.

a.    Public Notice. The planner shall mail or electronically transmit the draft use permit to the applicant, reviewing parties, commission members, and to the owners of property, as listed on the Matanuska-Susitna Borough property tax rolls, located within a minimum of one thousand two hundred (1,200) feet of the lot lines of the development. The public notice shall be posted in city hall and on the site. Staff will allow a minimum of ten (10) days (fourteen (14) calendar days) from the date of public notice mailing before making a decision to issue a use permit.

b.    Comment Period. Comments on the draft use permit must be received within five days following the date of public notice.

c.    Decision. The planners’ decision to approve the draft use permit, approve a revision of the draft use permit, deny approval or elevate the decision shall be issued within one day of the close of the comment period. The decision shall be sent to all who submitted comments, the planning commission, and the applicant. For good cause, the planner may extend the time for issuance of the decision, not to exceed an additional five business days. The planners’ decision shall be based upon compliance with the general approval criteria in Section 16.16.050 and comments received from the public notice.

4.    Appeal. A decision of the planner may be appealed pursuant to Chapter 16.34, and the decision shall notify interested persons, as defined in Section 16.34.005, of the right to appeal. (Ord. 09-57(AM) § 2, 2009; IM 05-16; Ord. 04-34 § 3, 2004; IM 04-05; prior code § 16.43.402)

16.12.030 Temporary uses and buildings.

A.    Developer proposing a temporary use of land or building which would otherwise require an approval under provisions of this chapter is required to obtain a temporary use permit prior to any site work except surveying, and except that temporary buildings associated with the construction of a permitted use do not require a permit. The planner may issue an approval under the same procedures as for an administrative approval pursuant to Section 16.12.020. No building or use shall be permitted under this section which requires a variance from the dimensional standards of Section 16.24.030.

B.    Within five days of the expiration of a temporary use permit, all buildings and other materials associated with the temporary use shall be removed from the site and the site restored to a suitable condition prior to the development of the temporary use. The planners’ inspection of the property shall determine compliance. If the planner

determines that site restoration is not satisfactory, then the city shall be empowered to take such measures as are necessary to restore the site. Costs of such restoration shall be calculated and charged to the property owner. (Prior code § 16.43.404)

16.12.040 Elevation.

The planner may elevate any use permit decision to the planning commission at any time between the acceptance of the application and the close of the decision period. The elevation must be based on a written finding that the permit decision satisfies one or more of the following criteria:

A.    The proposed use could have significant negative effects on or conflict with existing land uses adjoining the site in a manner or to a degree that warrants consideration by the commission;

B.    The proposed use could have significant negative impacts on the utility system, traffic flow or city-provided services;

C.    The proposed use could conflict with adopted city policies or raises a particular issue or set of issues in a manner or to a degree that warrants consideration by the commission;

D.    A written request for elevation has been received from an official reviewing party. To be valid an objection from a reviewing party must cite conflict(s) with city policy or unusual negative impacts from the proposed use;

E.    A request to elevate has been received from two or more members of the commission. The planner must determine that the request from the commission member satisfies one or more of the criteria above. (Prior code § 16.43.406)