Rawlins City Zoning Code

Due to their unusual and unique features, special permit uses shall be subject to the following requirements to ensure the best interests of the health, safety and welfare of Rawlins citizens. Special permit uses shall be permitted only after the City Council has received a certified approval from the planning commission.

(Ord. No. 9-89(part))

Application for home occupation and other special use permits shall be made through the Department of Community Development in writing on forms provided by the city. Each application shall include the appropriate fee to the City as set by ordinance of the City Council and provided for in Title 1 of this code. The application shall include a site plan and sufficient information for the Planning & Zoning Commission and staff to fully and accurately evaluate the proposed use.

(Ord. No. 2-91(part); Ord. No. 9-89(part); Ord. No. 10D-94, 10-4-1994)

A public hearing shall be held by the planning commission on a special use permit application. The hearing must be held within thirty-one days from the date the application has been filed. Notice of the hearing shall be given by at least one publication in a newspaper of general circulation within the city at least ten days to the hearing date. The notice shall contain at least the following information:

A.

General location;

B.

Requested use;

C.

Time, place and date of hearing;

D.

Number to call to ask questions about request.

(Ord. No. 9-89(part))

Action on application must be taken and a decision must be made by the Planning & Zoning Commission within sixty-five days from the date of receipt of the application, unless continuation is agreed upon by the applicant. The Planning & Zoning Commission shall make the following determinations prior to approval of a special use permit:

A.

The proposed use shall serve an obvious public need;

B.

The property subject to the application is located in a Zoning District in which the proposed special land use is allowed.

C.

The proposed use that is subject to a special use permit shall be designed, constructed, operated and maintained so as not to diminish the opportunity for surrounding properties to be used and developed as zoned. The proposed SUP shall avoid uses that would otherwise be detrimental to the economic well-being of the surrounding residents, businesses, landowners, and the community as a whole.

D.

The proposed special land use shall not involve uses, activities, processes, materials, or equipment that will create a substantially negative impact on other conforming properties or uses in the area by reason of traffic, noise, smoke, fumes, glare, odors, or the accumulation of scrap material that can be seen from any public road or seen from any adjacent land owned by another person.

E.

The proposed special land use shall not place demands on fire, police, or other public resources in excess of current capacity.

F.

The proposed special land uses shall be adequately served by public or private streets, water and sewer facilities, and refuse collection and disposal services.

G.

The proposed special land use complies with all applicable specific standards required under this Ordinance.

If approval of the Special Use Permit is granted, the Planning & Zoning Commission shall submit a certified recommendation to the City Council pursuant to Section 2.20.130 of the Rawlins City Code. If it is found that the Special Use Permit cannot be granted, no further action shall be taken by the Planning & Zoning Commission. All appeals of the Planning & Zoning Commission shall be made pursuant to section 19.56.060.

Records of all applications made, and decisions rendered, together with all maps, drawings, descriptions of conditions applied shall be kept and maintained as described in Section 19.12.040. A copy of the decision rendered, and conditions applied shall be transmitted to the applicant.

(Ord. No. 9-89(part))

Appeals of the Planning & Zoning Commission action shall be made in writing to the city council. The council shall hold a hearing in the same manner as prescribed in this chapter for the Planning & Zoning Commission on special use permits.

(Ord. No. 9-89(part))

Revocation of a special use permit shall be subject to the following requirements:

A.

Initiation of Action. The Director of Community Development, the Planning & Zoning Commission, or the City Council may initiate action to revoke a special use permit.

B.

Grounds for Revocation. A special use permit may be revoked upon a finding of any one or more of the following grounds:

i.

That the special use permit was obtained by fraud.

ii.

That one or more of the conditions upon which approval was granted have been violated; or

iii.

That the use or facility for which approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance.

C.

Public Hearing. The Planning & Zoning Commission shall hold a public hearing upon the revocation of the special use permit. The hearing shall be noticed in accordance with this chapter. The Planning & Zoning Commission shall submit findings based on any one or more of the grounds listed in subsection B of this section and shall forward a recommendation on revocation to the City Council. The person or persons to whom the special use permit has been issued shall be notified of such recommendations not later than three days after submission of the report to the City Clerk.

D.

City Council Action. The City Council shall hold a public hearing upon the revocation of the special use permit. The hearing shall be noticed in accordance with this chapter. After the public hearing and consideration of the recommendation of the Planning & Zoning Commission, the City Council may take action to revoke the special use permit. The action of the City Council shall be by an affirmative vote of a majority of the entire membership of the Council.

(Amd. No. 12-2003, 12-2-2003)

A.

Every Special Use Permit issued under the provisions of this chapter shall remain in force and effect for one (1) year from the date of issuance, unless cancelled or revoked pursuant to Section 19.56.070.

B.

Special Use Permits shall be renewed as listed in subsection D(ii) of this section, upon payment of the prescribed renewal fee as established by resolution of the City Council as per Title 1 of this code provided the fee is paid within thirty days after the date of expiration.

C.

Failure to renew a Special Use Permit within the prescribed time period shall result in automatic cancellation of the permit and a new permit will only be issued upon approval through reapplication and hearing by the Planning & Zoning Commission pursuant to Section 19.56.070.

D.

The Planning & Zoning Commission will specify the status of the Special Use Permit as either a temporary or permanent use. Both permanent and temporary uses are subject to subsection E of this code. Expiration of special uses are as follows:

i.

A permanent special use such a parking structure, hospital, or school will have no expiration date.

ii.

A temporary special use such as a residential day care, gravel pit or outside sales shall expire annually on the date of issuance.

E.

The owner of a special use permit may cause the permit to expire if he/she notifies the Community Development Department the permit is being abandoned.

i.

The special use shall expire if inactive for 12 consecutive months.

F.

If ownership of the property with the special use changes, the special use shall continue to be valid so long as the new owner continues the special use and complies with the conditions established for the original permit. New ownership of the special use shall be established with the Community Development Department within thirty (30) days of the transferal of ownership to retain validity.

i.

A granted Special Use Permit shall apply only to the property for which it was granted. The owner of the SUP will be required to apply for a new SUP if they relocate the use to a different location, parcel of land or zone for which the SUP is required.

(Ord. No. 07-2014)