There are some instances when the private sector needs to use city property for uses other than what the property was initially intended for. A special use permit provides for consideration of factors affecting the suitability of the proposed activity. An example would be to use a plated, but undeveloped, right-of-way for private access to private property.

(Ord. 557 § 3 (part), 1985)

The city council shall issue the permit if the request is found to be of a beneficial nature to the community and that adjacent and surrounding properties will not be adversely impacted.

(Ord. 557 § 3 (part), 1985)

A written application shall be filed with the planning and zoning commission through the building official. This application shall state the nature of the request and show how the proposed activity will comply with the standards set forth under Section 19.76.020 of this chapter, Conditions of Approval.

(Ord. 557 § 3 (part), 1985)

A specific and detailed site plan shall be submitted with the application.

(Ord. 557 § 3 (part), 1985)

The building official shall investigate and report to the commission on the impact, if any, this proposed activity would have on the proposed site and on surrounding properties.

(Ord. 557 § 3 (part), 1985)

The commission shall set a date for and hold a public hearing upon each properly submitted application. Such hearing shall be held not later than sixty days following the date of filing of such application. At least fifteen days before the hearing, a public notice specifying the subject, time and place of the hearing shall be posted at three public places. In addition, at least fifteen days' notice of the time and place of the hearing shall be mailed to all parties in interest and to all property owners within six hundred feet of the property involved that is subject of the application; and, if the property described lies within a recorded subdivision, to all persons holding a legal interest within that subdivision. The failure of any person to receive any notice required under this section, where the records of the city indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this section.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

From the time of filing such application until the time of such hearing, the application, together with all the plans and data submitted, shall be available for public inspection in the office of the building official.

(Ord. 557 § 3 (part), 1985)

The commission shall make a report in writing to the city council as to their findings and recommendations. The commission's report to the city council shall be made within thirty days after the closing of the public hearing.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

The city council shall render its decision within thirty days after receipt of a written report from the planning commission unless such time limit is extended by the city council.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

In granting a special use permit, the council shall state under what conditions, if any, the permit has been issued. Any such conditions must be complied with. Violation of any condition shall result in revocation of the permit, and further use of the property shall constitute a violation of this title and shall be punishable accordingly.

(Ord. 557 § 3 (part), 1985)

Any special use permit approved by the city council shall expire unless the privilege granted is utilized within one year after the granting of the special use permit. Any permittee holding an un-expired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section. The city council may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than two times without an additional public hearing and written recommendation from the planning commission.

(Ord. 626 § 3 (part), 1988: Ord. 557 § 3 (part), 1985)

The city council may, in writing, suspend or revoke a permit issued under the provisions of this section whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provisions of this code.

(Ord. 626 § 3 (part), 1988)