The purpose of special use permits is to permit and control uses which have the potential to be socially, economically, or environmentally incompatible with the surrounding area.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Applications. Any person seeking the issuance of a special use permit shall file a request with the Planning and Development Agency, and shall appear before the Zoning Administrator presenting evidence of the following:

(1)

That the use is not socially, economically, or environmentally incompatible with the surrounding area; and

(2)

That the owner of the property concurs in the request, if the applicant is other than the owner, and that the owner will be a party, with ultimate responsibility for the special use permit, if granted.

(b)

Processing time. The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(c)

Investigations. The Zoning Administrator shall investigate each application for a special use permit to assure that the proposal in each application is consistent with the intent and purposes of the provisions of this chapter.

(d)

Hearings.

(1)

Scheduling. The Zoning Administrator shall hold a public hearing on each application for a special use permit and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(2)

Findings. The Zoning Administrator shall issue findings and file them with the Planning Director. The applicant shall be notified of such findings not later than five (5) days after their issuance.

(3)

Conditions. The Zoning Administrator, in approving a special use permit, may require certain conditions under which the proposed use shall be allowed, which conditions shall prevent material damages to adjacent properties and shall provide suitable safeguards to ensure social, economic, and environmental compatibility with the surrounding area. Such conditions may include time limitations, architectural considerations, access provisions, off-street parking, the posting of a bond to insure the work, greenbelts, planting requirements, sign sizes and messages, and other controls. The violation of any condition of a special use permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 85-607, eff. June 13, 1985, § 1, Ord. 89-719, eff. November 2, 1989, and § 1, Ord. 94-828, eff. March 31, 1994)

(a)

Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a special use permit shall result in the institution of revocation procedures by the Planning Director.

(b)

Hearings.

(1)

Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of this chapter and given by certified mail to the person to whom the special use permit was issued.

(2)

Revocation. The Board may revoke such permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the special use permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 2, Ord. 85-607, eff. June 13, 1985)