This section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for owners and developers, while maintaining guidelines to ensure the health, safety, convenience and general welfare of the citizens of Humboldt. This section permits detailed review of certain types of land-use activities that, because of their particular and unique characteristics, require special consideration in relation to their effect on adjacent properties and to the community as a whole.

Land and structural uses meeting the criteria set forth in this section may be authorized by the Board of Adjustment within zoning districts in which they are not otherwise expressly allowed by the issuance of a Special Use Permit.

   1.   Application Requirements. An application for a Special Use Permit shall be filed with the City Administrator and shall be accompanied by:

      A.   A statement with supporting evidence that the general and specific standards delineated in this chapter will be met;

      B.   A site plan meeting all the submittal requirements set forth in Section 165.16(2); and

      C.   Preliminary plans and specifications for all proposed construction activities.

   2.   Procedure for Special Use Permits. The Board of Adjustment shall consider the application at a public hearing conducted as part of a scheduled meeting. Notification of the public hearing shall be made by mail, posting, and publication, in accordance with Sections 165.17(7)(B) of the Humboldt Municipal Code. The Zoning Board of Adjustment must approve, deny, or modify the Special Use Permit application within 60 days of the public hearing.

   3.   Review Criteria. Before a Special Use Permit Application can be approved, the Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in Subsections A. and B. below, where applicable, have been or shall be satisfied. The Board’s action shall be based on stated findings of fact demonstrating such satisfaction.

      A.   General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards; and in addition, shall find adequate evidence that each use in its proposed location will:

         (1)   Be harmonious with and in accordance with the general principles and proposals of the current Land Use Policy/Plan of the City;

         (2)   The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity, and will not materially diminish or impair property value unreasonably in the neighborhood.

         (3)   Establishment of the special proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located.

      B.   Specific Standards.

         (1)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

         (2)   Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets.

         (3)   Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located.

   4.   Expiration of Special Use Permits.

      A.   A Special Use Permit shall automatically expire (i) if, within one year after issuance, substantial action has not been taken to accomplish the purpose for which the permit was granted; or (ii) after substantial action has been taken and subsequently such work is discontinued for a period of one year, the permit shall immediately expire; or (iii) the conditional use has been established and subsequently is discontinued for a period of one year, the permit shall immediately expire.

      B.   The Board of Adjustment may extend for a period up to one year the date when a permit would otherwise expire if it concludes that: (i) the permit has not expired; or (ii) the permit recipient has proceeded in good faith and with due diligence; or (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to one year upon the same findings. All such extensions may be granted without reversion to the formal processes and fees required for the original permit.

      C.   For purposes of this section, the Conditional Use Permit is issued when the Board of Adjustment votes to approve the application and plans. Substantial action shall include commencement of construction, erection, alteration, demolition or similar work required for the development authorized by the permit. With respect to phased development, this shall apply only to the first phase.

   5.   Conditions. The Board of Adjustment may impose such conditions or restrictions upon the construction, location, and operation of a special use, including but not limited to provisions for the protection of adjacent property, the expiration of said special use after a specified period of time, and off-street parking and loading, as shall be deemed necessary to secure the general objectives of this chapter, and to reduce injury ot the value of property in the neighborhood.