Saratoga City Zoning Code
CHAPTER 18
69 SPECIAL USE REQUIREMENTS
§ 18.69.010 Permit requirements.
Due to their unusual and unique features, special permit uses shall be subject to the following requirements to insure the best interests of the health, safety and welfare of Saratoga's citizens. Special permit uses shall be permitted in districts where designated only after review and approval by the planning commission:
A.
Procedure. Application for a special use permit shall be submitted to the planning commission in writing. The application shall include applicable information as required in Section 18.09.070, and such other data, information and plans necessary for full evaluation by the commission. The application shall be accompanied by a petition signed by the owners of all property within a three-hundred-foot radius of the perimeter of the property in question indicating, as to each owner, his or her approval or disapproval and indicating approval by a minimum of fifty percent of the owners of real property within a three-hundred-foot radius of the real property affected. The application must be filed ten days prior to a planning commission meeting. The applicant shall include a fee in the amount of twenty-five dollars to cover advertising and processing costs.
B.
Public Hearing.
1.
A public hearing shall be held by the planning commission on a special use permit application.
2.
Notice of the hearing shall be given by at least one publication in a newspaper of general circulation within the town at least five days prior to the hearing date. Such 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.
C.
Action on Application. Action on the application must be taken and a decision must be made by the planning commission within sixty-five days from date of receipt of the application, unless continuation is agreed upon by the applicant. The planning commission shall make the following determinations prior to approval of a special use permit:
1.
The proposed use shall serve an obvious public need.
2.
The proposed use will not be detrimental to the surrounding area or to established uses.
3.
That adequate and safe access and circulation shall be provided.
4.
That any resulting commercial and truck traffic shall not use a residential street nor create a hazard to a developed residential area.
5.
That the applicant has taken adequate steps to minimize and control potential environmental problems which may be resulting from the proposed use.
D.
Term of Permit. All special use permits granted by the planning commission shall be made for the initial period not to exceed one year. Upon expiration of the initial period, the planning commission may take such action and extend the permit for such additional time as it may determine; provided, however, if a written complaint is filed with the zoning officer by a property owner within three-hundred foot radius of the perimeter of the property permitted, a public hearing before the planning commission identical to that required upon initial consideration of a special use permit application and with identical notice thereof shall be held before any extension of the special use permit beyond the initial period.
E.
Appeals. Appeals of the planning commission action shall be made in writing to the town council. The council shall hold a hearing in the same manner as prescribed above for the planning commission on special use permits.
(Ord. 399 § 1(328-63), 1980; Ord. 457 § 3, 1985; Ord. 467 § 3, 1985; Ord. 487, 1986)