A.

While this zoning code is based upon the division of the city into districts, within each of which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform, it is recognized that there are certain other uses and features that would be appropriate in such districts if controlled as to number, area, location or relation to the neighborhood so as to promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare. When provided elsewhere in this zoning code, such uses and features shall be treated as special use and shall be deemed to be permitted in their respective districts subject to the satisfaction of the requirements and standards set forth herein, in addition to other requirements of this zoning code. All such uses are declared to possess such special characteristics that each shall be considered as an individual case.

B.

In accordance with the procedures, standards and conditions hereinafter specified, the zoning board of review may grant a special use permit for the establishment of one or more of the uses for which a special use permit must be secured from such board as required by the provisions of this zoning code. All requirements of this chapter are in addition to other requirements applicable in the district in which the special use is to be located. Prior to approval of an application for a building permit for a special use permit, approval must be given by the zoning board of review as provided in this chapter.

Nothing herein shall be construed to prevent the zoning board of review from granting a dimensional variance in conjunction with a special use permit except as it pertains to the maximum number of dwelling units allowed per lot.

C.

Any substantial revision of an approved special use permit application and any reconstruction, enlargement, extension, moving or structural alteration of an approved special use permit or any building or structure in connection therewith shall require submission of a new special use permit application as for the original application.

D.

The granting of a special use permit shall not empower the applicant to carry out any uses permitted as of right within the zoning district in which the property is located unless the approved special use permit has expired or cancelled or the special use has been abandoned. A new special use permit application shall be required as for the original application where an applicant desires to add to an existing special use any use permitted as of right within the zoning district in which the property is located.

E.

Any use existing under an approved special use permit application shall not be deemed a nonconforming use.

F.

Approval of an application for a special use permit under this section shall constitute approval conditioned upon:

1.

Issuance of a building permit; and

2.

Initiation of construction as determined by the zoning enforcement officer, of the proposed development in accordance with plans as approved within a period of one year after the approval is given, and completion of the development within a period of two years after approval is given, unless different periods of time are specified by the board as part of the approval. If a development is not commenced, as defined above, within one year after approval, the approval shall be null and void. If a development is not completed within two years after approval, the board may, after a hearing, extend the approval for one additional year for good cause.

G.

To the extent a proposed land use is not specifically listed in Chapter 17.14 Permitted Uses, the property owner may submit a written request to the zoning officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning officer will have fourteen (14) days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

H.

Public notice shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city which shall specify date, time, place, purpose of the hearing, and the street address of the subject property. Notice of hearing shall be sent by first class mail fourteen (14) days prior to the date of the hearing to the applicant and to all those who would require notice under Section 17.112.070. The cost of notification shall be borne by the applicant.

I.

The zoning board of review shall require that findings of fact be entered into the record of the proceedings, and that written decisions be available.

J.

Appeals may be made in accordance with Chapter 17.116.

(Ord. No. 2023-40, § 1, 12-13-2023)

Special use permits shall be granted only where the zoning board of review or, if applicable pursuant to unified development review, the planning board, finds that the proposed use or the proposed extension or alteration; of an existing use is in accord with the following criteria. Each special use category has specific and objective criteria. Refer to Tables 17.14.020, 17.14.030 and 17.14.040 for the category related to each use.

A.

Category 1:

1.

Chapter 17.104 - Parking and Loading Standards for the proposed use.

2.

Section 17.96.020 - Performance standards designated.

3.

Chapter 17.100. - Development standards

4.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of a minimum of two bicycle parking spaces located on site and within one hundred (100) feet of the entrance to the primary building.

5.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of sidewalks connecting the parking area(s) and building entrance(s), and sidewalks connecting with public sidewalks and bicycle and scooter parking within two hundred (200) feet of the property lines.

6.

No net increase in stormwater runoff from the site.

7.

All proposed lighting is Dark-Sky compliant.

8.

For new construction, parking lots shall be located in the rear or side yard of the property.

B.

Category 2:

1.

Chapter 17.104 - Parking and Loading Standards for the proposed use

2.

Section 17.96.020 - Performance standards designated

3.

Chapter 17.100. - Development standards

4.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of a minimum of two bicycle parking spaces located on site and within one hundred (100) feet of the entrance to the primary building.

5.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of sidewalks connecting the parking area(s) and building entrance(s), and sidewalks connecting with public sidewalks and bicycle and scooter parking within one hundred (100) feet of the property lines.

6.

No net increase in stormwater runoff from the site.

7.

The proposed development shall not result in the reduction of the level of service (los) for roadways and intersections within two hundred (200) feet of the property lines.

8.

The provision or preserving of a landscape buffer. The buffer shall be a minimum of six feet in height with plant material spaced to provide a continuous screen at maturity.

9.

All proposed lighting is Dark-Sky compliant.

10.

For new construction, parking lots shall be located in the rear or side yard of the property.

C.

Category 3:

1.

Chapter 17.104 - Parking and Loading Standards for the proposed use

2.

Section 17.96.020 - Performance standards designated

3.

Chapter 17.100 - Development Standards

4.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of a minimum of four bicycle parking spaces located on site and within one hundred (100) feet of the entrance to the primary building.

5.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of sidewalks connecting the parking area(s) and building entrance(s), and sidewalks connecting with public sidewalks and bicycle and scooter parking within one hundred (100) feet of the property lines.

6.

No net increase in stormwater runoff from the site.

7.

The proposed development shall not result in the reduction of the level of service (los) for roadways and intersections within two hundred (200) feet of the property lines.

8.

All proposed lighting is Dark-Sky compliant.

9.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

10.

For new construction, parking lots shall be located in the rear or side yard of the property.

D.

Category 4:

Within the Innovation Hub, special use permits shall be granted only where the planning board, as part of a unified development review, finds the proposed use or the proposed extension or alteration of an existing use is in compliance with the following:

1.

Section 17.65.100 - Development Standards for the Innovation Hub

2.

Chapter 17.100 - Development Standards

E.

Category 5:

1.

Chapter 17.104 - Parking and Loading Standards

2.

Section 17.96.020 - Performance standards designated

3.

Chapter 17.100. - Development Standards

4.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of a minimum of four bicycle parking spaces located on site and within one hundred (100) feet of the entrance to the primary building.

5.

For new construction and alterations exceeding fifty (50) percent of any building dimension, provision of sidewalks connecting the parking area(s) and building entrance(s), and sidewalks connecting with public sidewalks and bicycle and scooter parking within one hundred (100) feet of the property lines.

6.

No net increase in stormwater runoff from the site.

7.

All proposed lighting is Dark-Sky compliant.

F.

Category 6:

A structure or land which is nonconforming by dimension, but the use of which is a use permitted by right in the district in which the land or structure is located, shall only be altered, changed, enlarged or subject to addition or intensification with respect to its nonconforming element(s) by obtaining a special use permit from the zoning board of review. Special use permits for alterations, changes, enlargements, or subject to addition or intensification with respect to its nonconforming element(s) must comply with the following:

1.

The alteration, change, enlargement, addition or intensification will not increase the dimensional nonconformity, or a variance shall be obtained from the zoning board of review, subject to the affirmative determination of the standards for variances under 17.108.020.C.

2.

Will not alter the character of the surrounding area within two hundred (200) feet of the property lines.

3.

No net increase in stormwater runoff from the site.

4.

All proposed lighting is Dark-Sky compliant.

(Ord. No. 2023-40, § 1, 12-13-2023)