Uses designated as special uses are contingent uses, not allowed by right or condition; they may or may not be appropriate in a particular location depending upon the nature of the use itself, its relationship to vicinity land uses, its impact with respect to environment, social, and economic matters and its effects upon the health, safety, and welfare of the city and its citizens.

Special uses must have a demonstrated direct public benefit to the city.

This chapter will prescribe the uses that are applicable to this chapter, the applications required, the review procedure and criteria, the standards to be applied, the required findings, the issuance of approval and expiration, and subsequent permit application amendments. (Ord. 519-1990 § 2(part), 1991)

A special use permit is required whenever a person desires to develop, substantially improve, or change the use of a tract of land or structure for the following uses:

A.

Schools, universities, colleges, and other institutions of an educational nature;

B.

Cemeteries;

C.

Airports, heliports and helistops;

D.

Hospitals;

E.

Public uses, except parks;

F.

Recreation facilities;

G.

Recycling collection centers;

H.

Transportation terminals;

I.

Sanitary landfills;

J.

Mineral extraction;

K.

Uses specifically addressed as special uses in a "PUD" planned unit development final plan; and

L.

Towers and antennas exceeding fifty feet in height. (Ord. 519-1990 § 2(part), 1991)

A.

Applicants shall submit a written application for a special use permit, upon forms supplied by the city planning department, a site plan pursuant to the site plan review criteria found in Section 18.34.060 of this title and additional other information requested by the planning department.

B.

All applications for a special use permit must be complete before the city will be required to process and consider the application. For purposes of this provision, an application is complete when it contains all the information that is necessary for the city to determine whether or not the development will comply with all of the requirements of this chapter.

C.

The city may require different levels of information to be submitted depending upon the impacts and characteristics of the development and use.

D.

The burden of persuasion on whether the development and use will comply with the requirements of this chapter remains at all times on the applicant. (Ord. 519-1990 § 2(part), 1991)

The standards for special use permits are intended only as a minimum necessary for review. An application for a special use permit, even though meeting the minimal standards of this chapter and code, may be denied, if it is determined that the development and use is not in the best interest of the city.

The following shall apply to all uses requiring the approval of a special use permit:

A.

The proposed development and use shall have a demonstrated direct public benefit to the city.

B.

The proposed development and use shall not materially endanger the public health and welfare.

C.

The proposed development and use shall not substantially injure the value of vicinity properties.

D.

The proposed development and use shall be in harmony with the area in which it is to be located.

E.

The proposed development and use shall conform to the provisions, objectives, and policies of all city plans, adopted and in effect at the time of application, including but not limited to: growth management, transportation, utilities, capital improvements, and downtown redevelopment.

F.

The proposed development and use shall conform to the provisions, standards and requirements of all city regulations, adopted and in effect at the time of application, including but not limited to: zoning, subdivision, utilities, buildings and construction, business regulations, and engineering specifications.

G.

The proposed development and use shall be designed, constructed, and maintained to accommodate the on-site and off-site traffic generated.

H.

The proposed development and use shall be designed, constructed, and maintained with appropriate regard to topography, surface drainage, soil potentials, natural and manmade hazards, streams, and environmentally significant features.

I.

The proposed development and use shall be designed, constructed, and maintained with adequate water supply, waste water disposal, solid waste disposal, air quality protection methods, and surface water drainage.

J.

The proposed development and use shall be designed, constructed, and maintained to not unduly increase the public danger of fire, explosion, and other safety hazards upon the public, and persons residing or working on the site and vicinity.

K.

The development and use may be required to provide architectural design schemes and may also require amenities such as, but not limited to, fencing, landscaping, and buffer areas.

L.

The proposed development shall require approval of the city that connection and availability of a water source exists that is sufficient to serve the needs of the proposed uses and structure.

(Ord. 519-1990 § 2(part), 1991; Ord. No. 1495, § 13, 4-17-2025)

A.

Special use permits may be processed either concurrently with other development permits, variances, appeals, or the final plats for the subdivision of land, planned unit development plans, or separately.

B.

The following procedures shall apply for applications for special use permits:

1.

Applicants shall prepare a special use permit application form and a site plan for submission. The plan shall show the entire site involved whether all or part of the site is to be immediately developed.

2.

The application and site plan shall be filed with the city planning department. The department shall review the application and site plan for completeness and shall either accept and notify the applicant that it is complete or not accept it and notify the applicant of information required to make it complete.

3.

The application and site plan shall be referred to various city departments and other agencies for recommendations and comments. A report shall be drafted by the planning department.

4.

A complete application and site plan will be placed upon the agenda for the next meeting of the planning commission.

5.

Notice of the public hearing shall be sent to the adjacent property owners at least ten days prior to public hearing for planning commission. Such notice shall also include the date(s), time and location of city council public hearings on the request. A notice of public hearing shall be published in the official city newspaper at least seven days prior to said hearing and a sign shall be posted on the property in accordance with Section 18.72.060.

6.

The planning commission shall hold a public hearing upon the application and site plan.

7.

The planning commission shall, after the public hearing, render a recommendation to approve the application and site plan, or approve the application and site plan subject to conditions and requirements, or deny the application and site plan and specify the reasons and findings, or table the application and site plan until a specific meeting date and specify the reasons for tabling.

8.

The application and site plan will be placed upon the agenda for the next meeting of the city council.

9.

The city council shall hold a public hearing upon the application and site plan.

10.

The city council, after the public hearing, shall render a decision to either approve the application and site plan, approve the application and site plan subject to conditions and requirements, deny the application and site plan and specify the reasons and findings, or table the application and site plan until a specific meeting date and specify the reasons for tabling.

11.

Upon the city council's decision to approve the application and site plan or to approve the application and site plan subject to conditions and requirements, an ordinance shall be prepared specifying the approval of application and site plan, in accordance with the applicable city code provisions. (Ord. 519-1990 § 2(part), 1991; Ord. No. 1170-2012, § 12, 1-3-2013)

The planning commission shall provide recommended written findings and the city council shall either accept, accept with modifications, or reject such recommended written findings and provide its own written findings. (Ord. 519-1990 § 2(part), 1991)

A.

Where a special use permit is required and granted, it shall be issued prior to issuance of a zoning/development permit, and shall be subject to the application, site plan, and conditions and/or requirements upon which the city council has determined to approve the special use permit.

B.

A special use permit shall be issued in the name of the applicant, shall identify the property involved and the proposed use, shall incorporate by reference the site plan and other plans submitted, and shall contain any conditions or requirements imposed by the city together with the findings.

C.

The approved application, permit, and findings shall be recorded in the office of the county clerk and recorder. (Ord. 519-1990 § 2(part), 1991)

A.

Amendments or modifications of the permit and site plan shall be in accordance with the procedure applicable to initial approval as set out in this chapter. However, the applicant may request that the planning department find that said amendment or modification of the permit and/or site plan is insignificant and does not pose an additional impact to the site or area.

B.

The planning department shall either find that said amendment or modification of the permit and/or site plan is insignificant and does not pose an additional impact to the site or area or find that said amendment or modification of the permit and/or site plan is insignificant and may pose an additional impact to the site or area.

C.

The planning department shall then be empowered to amend the application and/or site plan only when the department finds that said amendment or modification of the permit and/or site plan is insignificant and does not pose an additional impact to the site or area. (Ord. 519-1990 § 2(part), 1991)

Authority to issue a zoning/development permit or building permit pursuant to the granting of a special use permit, shall expire two years after the date of approval of the special use permit except when one of the following conditions have been met:

A.

A zoning/development permit or building permit has been issued and is still deemed valid; or

B.

Where no construction is required, the actual commencement and operation of the use has begun; or

C.

An extension has been granted by the planning commission. A request for an extension shall be considered only after proper filing, due process, and procedure, as found in Section 18.61.050, procedures, of this chapter. (Ord. 519-1990 § 2(part), 1991)

Approval of a special use permit shall not constitute an exemption from or waiver of any other provisions of this code pertaining to the development and use of property. (Ord. 519-1990 § 2(part), 1991)

In addition to any and all other fees and charges imposed by this code, the applicant for approval of a special use permit shall pay all costs associated with the processing of the application, as specified in the schedule of planning fees as approved by city council. (Ord. 519-1990 § 2(part), 1991)