16.12.020 Administrative approval and use permits.
A. An administrative approval (“AA”) or a use permit (“UP”), as defined in WMC 16.04.070 or listed on the district use chart in WMC 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 WMC 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 WMC 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 WMC 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 WMC 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 WMC 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 WMC 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 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 10 days (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 planner’s 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 planner’s decision shall be based upon compliance with the general approval criteria in WMC 16.16.050 and comments received from the public notice.
4. Appeal. A decision of the planner may be appealed pursuant to WMC Chapter 16.34, and the decision shall notify interested persons, as defined in WMC 16.34.005, of the right to appeal. (Ord. 09-57(AM) § 2, 2009; IM 05-16; IM 04-05; Ord. 04-34 § 3, 2004; prior code § 16.43.402)