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Gig Harbor City Zoning Code

17.65 Special

Use Permits

17.65.010 Purpose and intent.

A special use permit is a mechanism by which the city may permit a use to locate within the city on an interim basis for specified periods of time. Because of the limited time allowance special uses can be compatible with, or have limited impacts to, neighboring properties and the general community. This chapter is intended to provide flexibility to accommodate these temporary or transient uses. Due to the transient nature of food trucks, permitting procedures and standards tailored to this unique use are enacted to provide minimum zoning regulations. (Ord. 1316 § 5, 2015; Ord. 953 § 2, 2004; Ord. 708 § 1, 1996).

17.65.020 Criteria for a complete application.

A special use permit is a Type I permit application and shall be subject to the following review procedures and requirements. Complete application requirements for food trucks are provided for in GHMC 17.65.080.

A. Complete Application. In addition to the requirements in GHMC 19.02.002, the following requirements must be met for a complete application:

1. Signed and dated application form for a special use permit;

2. Written statement of justification for approval of the special use permit which meets the criteria in GHMC 17.65.050;

3. A site plan showing the proposed location of the requested use, and any existing development on the site. The site plan shall indicate locations of any proposed temporary structures and include a circulation plan showing all access points for the site, all driveways, streets or roads and parking areas;

4. Four copies of all documents. (Ord. 1316 § 6, 2015; Ord. 953 § 3, 2004; Ord. 725 § 6, 1996; Ord. 708 § 1, 1996).

17.65.030 Procedure.

Repealed by Ord. 953. (Ord. 708 § 1, 1996).

17.65.040 General conditions.

Repealed by Ord. 953. (Ord. 708 § 1, 1996).

17.65.050 Review criteria.

A. Every applicant for a special use permit shall demonstrate that all of the following criteria have been met:

1. That the type of use for which the special use permit is applied is permitted or conditionally permitted in the applicable zoning district and is consistent with the description and purpose of the zone district in which the property is located;

2. That the granting of the special use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and/or zone in which the property is located;

3. That the proposed use is properly located in relation to the other land uses in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;

4. That the site is of sufficient size to accommodate the proposed use;

5. The special use may not operate more than 14 events during the calendar year. An event is equal to one 12-hour period per day;

6. A request for more than 14 events per calendar year by any given applicant or for any given site shall not be considered as a special use and may only be authorized through the site plan approval process established under Chapter 17.96 GHMC.

B. The director shall determine whether the criteria have been satisfied, and shall approve, approve with conditions or deny the application. The director may attach conditions pertaining to traffic congestion, parking, or any other public health/safety concerns, to ensure compatibility with adjacent uses and compliance with the above criteria. (Ord. 1197 § 36, 2010; Ord. 953 § 6, 2004; Ord. 725 § 7, 1996; Ord. 708 § 1, 1996).

17.65.060 Duration of approval.

Any special use permit granted by the director is valid for the events identified in the permit. (Ord. 1197 § 37, 2010; Ord. 708 § 1, 1996).

17.65.070 Transfer of a special use permit.

A special use permit shall not be transferable to any other person, firm or corporation. (Ord. 708 § 1, 1996).

17.65.080 Special requirements and regulations for food trucks.

Food truck special use permits are a Type I permit application and shall be subject to the following review procedures and requirements:

A. General Regulations.

1. Food trucks are allowed in the following zones: RB-2, DB, B-2, C-1, PCD-C, PCD-BP, PCD-NB, MUD, ED, and WC.

2. There is no limitation on the number of days of operation.

3. Food truck permits require an annual review to determine if the food truck complies with the regulations of this chapter in effect at the time of annual review. Annual review applications shall be submitted by the first working day of December each year.

4. Food trucks shall be fully operational and legally licensed vehicles or trailers.

5. Food truck approvals are nontransferable to any person or entity of any kind.

6. Proposed sites shall show conformance with Chapter 17.72 GHMC at time of application.

B. Food Truck Complete Application Requirements.

1. Signed and dated application form for a special use permit;

2. A written statement addressing the criteria for approval as set forth in subsection D of this section;

3. A site plan showing the proposed locations(s) of the requested use, and any existing development on the site. The site plan shall indicate locations of any proposed temporary structures and include a circulation plan showing all access points for the site, all driveways, streets or roads and parking areas;

4. Location of common eating area, if any;

5. Signed agreement from property owner(s) for use of site and parking;

6. A disposal plan for grease, sanitary sewer, and wastewater;

7. An agreement or plan for restroom and hand washing needs.

C. Performance Standards and Operational Requirements.

1. Parking and Vehicular Circulation. A food truck cannot block any designated travel or fire lane(s) within a parking lot and cannot occupy any parking space that is required for a use on the same site without a shared parking agreement from the property owner.

2. No Drive-Through. No food truck may provide or serve as a drive-through facility.

3. Signs. Business identification and promotional signs and graphics wholly applied to the surfaces of a food truck vehicle are exempt from a sign permit and not regulated in number or total area; all additional signage shall conform to the standards outlined in Chapter 17.80 GHMC.

4. Refuse. A secured trash container of at least 30-gallon capacity shall be provided for business customer use at the location of the vendor and the vendor shall clean the area surrounding their use and remove the refuse container and its contents at the end of each business day.

5. State and County Requirements. All applicants shall meet state and county standards related to, but not limited to: food preparation, licensing, health and safety standards.

D. Criteria for Approval. The director shall approve applications for food trucks only if all the following criteria are met:

1. That the granting of the special use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, will not be injurious to the property or improvements in such vicinity and/or zone in which the property is located, and can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;

2. That the site is of sufficient size to accommodate the proposed use;

3. The application is compliant with all relevant statutory codes, regulations and ordinances.

E. Revocation. Upon review by the director, a food truck permit may be revoked for one of more of the following reasons:

1. That the approval was obtained by fraud or that erroneous information was     provided by the applicant;

2. That use is being exercised in violation of any statute, ordinance, law or regulation. (Ord. 1316 § 7, 2015).

17.65.090 Appeal of the director’s decision on a special use permit.

Appeals may be filed in accordance with the procedures established pursuant to GHMC Title 19. (Ord. 708 § 1, 1996).

17.65.100 Exemptions.

The following activities or uses are exempt from the requirement of a special use permit, but other permits or approvals may be required:

A. Annual Christmas tree and fireworks sales;

B. Community wide events such as annual art fairs and street fairs operating under a special event license;

C. Events approved at a city park or facility;

D. Food trucks permitted through a special event license. (Ord. 1316 § 8, 2015; Ord. 953 § 8, 2004; Ord. 708 § 1, 1996).