Chapter 12.40
PERMIT SYSTEM FOR CITY PROPERTY

Sections:

12.40.010    Repealed.

12.40.020    Permit requirement.

12.40.040    Permit issuance.

12.40.050    Liability.

12.40.060    Additional requirements.

12.40.080    Interpretation.

12.40.090    Enforcement.

12.40.100    Repealed.

12.40.010 Definitions.

Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.010).]

12.40.020 Permit requirement.

A. Special use permits shall be required for any use of City property, except uses regulated pursuant to Chapter 12.55 KMC relating to utility permits, Chapter 12.35 KMC relating to City street system right-of-way use permits, or special event permits approved and permitted in accordance with Chapter 8.40 KMC.

B. Upon receipt of an application for a “special use” permit upon City property, the city manager shall determine whether the proposed use is upon City-owned property.

C. The city manager shall forward the application to the department(s) for review.

D. The department(s) shall review the application and forward to the city manager its recommendation whether the permit shall be issued.

E. The department(s) shall evaluate the feasibility of the proposed use, its impact on other uses of the City property and its impact on public health and safety. Based on this evaluation, the department(s) shall recommend whether the permit should be issued.

F. In all cases, the department(s) shall be responsible for assuring that any application meets the requirements of the critical areas code set out in Chapter 18.55 KMC and the administrative rules promulgated thereunder before the permit is issued. [Ord. 12-0335 § 5; Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.020).]

12.40.040 Permit issuance.

A. Upon filing of a complete application, necessary approval of the application, payment of the administrative fee and posting of any required bond, the city manager may issue a permit authorizing the designated use of City property by the permittee.

B. The permit may require restoration of the City property to certain standards in view of the nature and duration of the special use. In addition, conditions may be set to assure compliance of the permit with City policies, ordinances and other applicable laws and regulations.

C. The permit applicant may be required to post a performance bond in an amount which will:

1. Guarantee the use will be in compliance with standards and conditions prescribed by the City; and

2. Guarantee restoration of the City property to a condition consistent with the special use permit and the City’s own use of its property. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.030).]

12.40.050 Liability.

The permit applicant shall be solely responsible for the adequate operation and maintenance of any improvements constructed by the permittee to the City property and shall assume liability for all injuries to persons or property as the result of activities pursuant to a special use permit. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.040).]

12.40.060 Additional requirements.

A. Survey. When considered necessary by the city manager to adequately determine the limits of the City property, the permit applicant shall cause the City property to be surveyed by a licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act. The cost of such survey shall be paid by the permit applicant. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.050).]

12.40.080 Interpretation.

Permits issued pursuant to this chapter shall not be construed to convey any vested right of ownership interest in any City property. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.070).]

12.40.090 Enforcement.

The city manager is authorized to enforce the provisions of this chapter, pursuant to Chapter 1.20 KMC. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.080).]

12.40.100 Severability.

Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.30.090).]