Although each zoning district is primarily intended for a predominant type of use (such as dwellings in residential districts), there are a number of uses which may or may not be appropriate in a particular district depending upon, for example, the location, nature of the proposed use, character of surrounding development, traffic capacities of adjacent streets, and potential environmental effects. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this chapter to provide review of such uses so that the community is assured that such uses are compatible with their locations and surrounding land uses and will further the purposes of this title.

(Code 1962, § 25-3-101; Ord. No. 424-1973, § 1; Code 1977, § 17.40.010)

An application for approval of a special review use may be filed by the owner of the property for which the special review use is requested and shall be made on a form provided by the city. The application must include:

A.

A complete site plan showing the major details of the proposed development, consisting of the location of buildings and structures, off-street parking and loading areas, service and refuse areas, means of ingress and egress, major landscaping or screening proposals, signs, and pedestrian areas;

B.

A time schedule for development;

C.

Such other information as the planning commission requires by written rule;

D.

Any other information the applicant believes will support his request; and

E.

Accompanying the application shall be an application fee which shall be in an amount set by the city manager in accordance with section 17.04.080.

(Code 1977, § 17.40.020; Ord. No. 769-1982, § 5; Ord. No. 1291-1998, § 7, 1-19-1999)

If the proposed special review use is submitted as part of a planned unit development plan, the provisions of this chapter shall be met through approval of the planned unit development plan.

(Code 1977, § 17.40.030; Ord. No. 639-1979, § 12)

The planning commission shall review the application filed for a special review use and submit a recommendation to the city council with respect to such application unless the application can be reviewed administratively under the procedures outlined in section 17.040.105.

(Code 1977, § 17.40.040; Ord. No. 769-1982, § 6; Ord. No. 1583-2010, § 2, 12-7-2010)

After a complete application is received by the city, and if it is determined that the application is not eligible for administrative review as outlined in section 17.040.105, the planning commission, after giving notice, shall hold a public hearing concerning such application. The planning commission, within 30 days of the public hearing, shall either recommend approval of such application in whole or in part, with or without modifications and conditions, or recommend denial of the application. Any such recommendation shall be referred to the city council for final action.

(Code 1977, § 17.40.050; Ord. No. 769-1982, § 6; Ord. No. 1583-2010, § 3, 12-7-2010)

A.

Within 60 days of receipt of the application, the planning commission shall hold a public hearing to consider the application. Public notice of the hearing shall be published in a newspaper of general circulation within the city at least 15 days prior to such hearing. Additionally, notice shall be provided as set forth under section 17.04.070.

B.

An approved special review use shall not be conducted until all necessary permits have been issued by the city. The use shall not be conducted until the applicant has entered into an agreement with the city specifying that all conditions imposed by the city council will be completed, that the use and improvements will be in accordance with the approved application-site plan and development schedule and other conditions as required.

(Code 1977, § 17.40.060; Ord. No. 769-1982)

Whenever notice is required for a public hearing before the planning commission or the city council for the purpose of considering a special review use, such notice must be published in a newspaper of general circulation within the city at least 15 days prior to such hearing. Such notice shall indicate the time, date and place of the hearing and give a brief summary or explanation of the proposed special review use and its location.

(Code 1962, § 25-3-102(G); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 7; Code 1977, § 17.40.070)

A.

The following criteria shall be considered by the planning commission and the city council in reviewing applications for special review use under this chapter.

1.

That the proposed use/development is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter, and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood;

2.

That such use/development will lend economic stability, compatible with the character of any surrounding established areas;

3.

That the use/development is adequate for internal efficiency of the proposal, considering the functions of residents, recreation, public access, safety and such factors including storm drainage facilities, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience;

4.

That external effects of the proposal are controlled, considering compatibility of land use; movement or congestion of traffic; services, including arrangement of signs and lighting devices as to prevent the occurrence of nuisances; landscaping and other similar features to prevent the littering or accumulation of trash, together with other factors deemed to effect public health, welfare, safety and convenience;

5.

That an adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

B.

In considering an application for a special review use, the approving agency shall consider and may impose modifications or conditions concerning by way of illustration and not limitation, the following development features, to the extent such modifications or conditions necessary to insure compliance with the criteria of subsection (A) of this section:

1.

Size and location of the site;

2.

Internal traffic circulation and access to adjoining public streets;

3.

Location and amount of off-street parking;

4.

Fencing, screening and landscaped separations, including-open space;

5.

Building bulk and location;

6.

Signs and lighting; and

7.

Noise, vibration, air pollution and other environmental influences.

(Code 1977, § 17.40.100; Ord. No. 769-1982, § 6)

A.

A special review use application meeting all of the following criteria may be approved through an administrative review process:

1.

The property upon which the proposed use is located is not contiguous to any residentially zoned property. Public right-of-way and private streets or alleys will not be considered when determining contiguity;

2.

New building construction associated with the proposed special review use, whether for a new building or an addition to or expansion of an existing building, does not exceed 200 square feet;

3.

The proposed use is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter, and is not contrary to the general welfare and economic prosperity of the city or the immediate neighborhood;

4.

That such use/development will lend economic stability, compatible with the character of the surrounding established areas;

5.

That the use/development is adequate for the internal efficiency of the proposal, considering the functions of residents, recreation, public access, safety and such factors including circulation, storm drainage facilities, solid waste, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience;

6.

That external effects of the proposal are controlled, considering compatibility of land use; safe and efficient movement of vehicles, bicycles, and pedestrians; services, including arrangement of signs and lighting devices as to prevent the occurrence of nuisances; landscaping and other similar features to prevent the littering or accumulation of trash, together with other factors deemed to effect public health, welfare, safety and convenience;

7.

That the proposal provides for an adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

8.

That the proposed use does not include the following uses:

a.

Limited wholesale sales, as defined in section 17.08.262.

b.

Mobile food court, as defined in section 17.08.322.

c.

Banquet or reception hall, as defined in section 17.08.029.

B.

The procedures for reviewing administrative special review use applications shall be as follows:

1.

The applicant shall submit five copies of a complete application and any other application materials the director may require at the pre-application conference (such as specific site design criteria). Upon receipt of a complete application, the copies shall then be distributed to referral agencies for their review during a 21-day referral review period.

2.

Upon confirmation of the receipt of a completed application, the planning division shall cause to be mailed a notification of the application to all property and business owners within 750 feet of the subject property. A public notice of the application shall be posted, consistent with section 17.04.070, on the property, and also on the city's website, at the police station, public library, city hall, and recreation center. The notice shall advise the public of the filing of the application and the opportunity to submit comments on the application to the planning division. Additionally, a public notice shall be published in the legal section of a newspaper of general circulation within the city 15 days prior to deadline for public comments. The notice shall specify the kind of action requested; the 15-day comment period; and the location of the parcel under consideration. The applicant shall reimburse the city for the cost of publication of the notice of the hearing.

3.

Comments from the public will be accepted for a period of 15 days from the date of the public notice. Public comments must be in writing and sent via hand delivery, U.S. mail, email, facsimile, or other technology, to the director or director's designee, who is the case manager for the application. If a valid objection to the application is received by the director or case manager within 15 days from the date of public notice, the application shall be processed through the special review use public hearing procedures described in sections 17.40.040—17.40.070 of this chapter. A "valid objection" is one demonstrating a reasonable likelihood that the application cannot satisfy one or more of the criteria established in subsection (A) of this section.

4.

Within 21 calendar days of receipt of a complete application, the director shall provide written comments to the applicant setting forth any modifications or conditions required to bring the proposal into compliance with city requirements, including without limitation modifications or conditions addressing the development features set forth in subsection 17.40.100(B).

5.

If the director is satisfied that the application, with or without modifications or conditions, meets all the criteria in subsection (A) of this section and has further determined that no valid objection to the application has been received, then the application may be approved administratively by the director. However, the director shall have the authority to require that any special review use application eligible for administrative review be processed through the special review use public hearing procedures described in sections 17.40.040—17.40.070 of this chapter.

6.

If the application is approved administratively, the applicant shall submit two complete sets of plans on photographic mylar media, along with applicable recording fees to the director. This plan set shall comply with all previously required modifications and conditions.

7.

Building permit applications will be accepted only after all the above requirements have been met.

8.

If the director determines that one or more of the criteria in subsection (A) of this section have not been met, that a valid objection to the application has been received, or that the application should not be administratively reviewed, the applicant shall be required to submit the application to the planning commission and city council through the special review use public hearing procedures described in sections 17.40.040—17.40.070 of this chapter.

9.

All determinations relating to administrative review of special review use applications shall be made by the director or the director's designee who is the case manager for the application.

(Ord. No. 1583-2010, § 4, 12-7-2010; Ord. No. 1615-2012, § 4, 6-19-2012; Ord. No. 1647-2013, § 3, 12-3-2013; Ord. No. 1802-2020, § 5, 11-17-2020; Ord. No. 1829-2022, § 5, 5-3-2022; Ord. No. 1837-2022, § 7, 8-16-2022)

No approved special review use may be modified or expanded, enlarged, expanded in parking area or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to initial approval of a special review use as set out in this chapter.

(Code 1977, § 17.40.110; Ord. No. 769-1982, § 6)

Any approved special review use which existed prior to the effective date of the ordinance codified in this chapter shall continue to be an approved special review use unless modified as noted in section 17.40.110.

(Code 1962, § 25-3-103(D); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 9; Code 1977, § 17.40.120)

A.

In the event of noncompliance by the applicant with the approved special review use plan, the written agreement, or the conditions imposed by the planning commission or the city council, either the planning commission or the city council may call the special review use up for further review. Upon such review and after notice given to the applicant, the planning commission or the city council may revoke the previously approved special review use or amend the previous approval.

B.

If the special review use is not in substantial operation within one year after the approval given, the planning commission, the city council, or the city staff may initiate proceedings to review the special review use. Such review shall occur in the same manner as review for the initial approval of the special review use and upon such review, the special review use may be revoked or the limits of the development schedule set forth therein may be extended.

C.

Any approved special review use which commences operation shall lapse, and the approval thereof shall be of no further force or effect, if the use is inactive for any continuous 12-month period. If this period of inactivity occurs, the special review use may not be recommenced unless a new special review use approval is granted pursuant to this chapter. An approved special review use shall be deemed inactive under this subsection if there has been no activity under any portion of the special review use approval for a continuous period of 12 months or more as a result of causes within the control of the holder of the special review use approval.

(Code 1977, § 17.40.130; Ord. No. 769-1982, § 6; Ord. No. 1583-2010, § 5, 12-7-2010)