27.74 Special Use Permits
27.74.020 Power to grant.
27.74.025 Lapse for discontinuance of a special use.
27.74.030 Temporary use permit.
27.74.040 Temporary use permit issuance approval.
27.74.050 Temporary use permit procedures.
27.74.010 PURPOSE. The formulation and enactment of a comprehensive zoning code is based on the division of the entire city into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this title as "special uses" and fall into three categories:
(1) Use either municipally operated or operated by publicly regulated utilities or uses traditionally affected by public interest;
(2) Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possibly damaging influence on the neighborhood, may be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations; and,
(3) Nonconforming uses which as special use permits can be made more compatible with their surroundings. (Prior code § 152.08(A)).
27.74.020 POWER TO GRANT. Power to grant a special use permit shall be limited to those uses designated as "special use" within the districts established under this title. Other nondesignated uses which the planning commission concludes are so similar to any specifically allowed use in the district as to be virtually identical thereto in terms of impact and land use requirements may also be allowed as special uses. The appropriate approval body shall have the power to hear evidence that the granting of such permit will or will not adversely affect the general health, safety and/or welfare of the community, and that the use, if permitted, will not cause injury or disturbance to adjacent property by traffic or by excessive noise, smoke, odor or noxious gas, dust, glare, heat or fumes, or industrial waste. Any physical alteration, physical expansion, or change of an existing approved special use shall require a review by and be final with the Planning Commission. Any use designated as a "special use", but which does not currently have a Special Use Permit, shall be required to procure a Special Use Permit from the appropriate approval body for any physical alteration, physical expansion, or change of the use. (Ord. 1992-15 § 29, 1992; Ord. 1982-22 § 44, 1982; Ord. 1978-18 § 102, 1978: prior code § 152.08(B)).
27.74.025 LAPSE FOR DISCONTINUANCE OF A SPECIAL USE. If a special use for which a special use permit has been granted is discontinued for one year, the permit shall become null and void. After a special use permit becomes null and void, use of the premises shall be restricted to those permitted uses in the zoning district. (Ord. 1982-22 § 45, 1982).
27.74.030 TEMPORARY USE PERMIT.
(a) Permitted Uses. A temporary use permit may be granted by the Zoning Administrator for uses not intended to become permanent, and which are either permitted in the district where the site is located, or permitted by this section.
(b) Zoning Administrator. The Zoning Administrator shall have final decisional authority, subject to approval for uses occurring on private property which do not exceed a duration of thirty (30) calendar days. The uses may include, but are not limited to, the following types of outdoor uses: promotional activities, sales, or storage structures, and amusement facilities.
The Zoning Administrator may also approve extensions up to six (6) months for each approved temporary use permit. (Ord. 1991-12 § 80, 1991; Ord. 1985-17 § 67, 1985; Ord. 1981-27 § 54, 1981; Ord. 1978-18 § 103, 1978).
27.74.040 TEMPORARY USE PERMIT ISSUANCE APPROVAL. The Zoning Administrator shall consider the proposed location of the temporary use and its probable effect on the surrounding neighborhood. To protect the public welfare, the Zoning Administrator may deny any application for a temporary use permit, or may grant such a permit subject to conditions. Such conditions may relate, among other things, to provisions for traffic circulation, parking, lighting, security, fire protection, noise and pollution control. Time limits less than thirty (30) days may be attached to the use permit.
Violation of any condition imposed on any temporary use permit shall be grounds for its revocation by the Zoning Administrator. No temporary use permit shall be granted for any use which overburdens the city's public services, or which will place an unreasonable burden on nearby properties or residents. (Ord. 1991-12 § 81, 1991; Ord. 1985-17 § 68, 1985; Ord. 1978-18 § 104, 1978).
27.74.050 TEMPORARY USE PERMIT PROCEDURES. Applications for temporary use permits shall be processed in a manner similar to that for other special use permits. The required submittal documents and fees shall be as specified by resolutions adopted by the council from time to time. (Ord. 1978-18 § 105, 1978).