Chapter 17.90
SPECIAL USE PERMITS
Sections:
17.90.040 Findings and appeal.
17.90.050 Consideration of the appeal.
17.90.010 Purpose.
The special use permit procedure is used to permit the city planning director to review certain proposed uses to assure that certain conditions within the city are maintained. These conditions include the maintenance of compatibility between uses within the various areas of the city, the prevention of nuisances, hazards, and other adverse impacts, and the conformance of development to the comprehensive plan and city codes. These proposed uses may be permitted, with or without special requirements, or denied, based on whether the proposed use would jeopardize the conditions described above or would not conform to the requirements of the comprehensive plan and this code. The conditions imposed shall be those which will reasonably assure that these conditions are maintained and adverse impacts prevented. In no case shall a special use permit be used to reduce the requirements of the zone in which the use is located. (Ord. 433 § 18.10, 1997)
17.90.020 Application.
The applicant seeking a special use permit shall submit the proposal to the city planning director. The planning director, upon receipt of the permit with the applicable fees as delineated elsewhere within this code, shall provide notice, in a manner described elsewhere within this code, of the application and determination on the application. (Ord. 433 § 18.20, 1997)
17.90.030 Authorization.
(1) A special use permit may be authorized by the planning director. Decision of the planning director must occur within 21 days of receipt of the application.
(2) In reviewing a special use permit, the planning director may attach such conditions regarding the location, character, and/or other features of the proposed use as the commission deems necessary in the public interest, in the interest of furthering due purpose of this code, and for the purpose of fulfilling the Forks comprehensive plan. These conditions must be stated in writing as part of the permit and must state the connection between the use, condition and public interest being invoked. (Ord. 433 § 18.30, 1997)
17.90.040 Findings and appeal.
(1) The decision of the planning director, as well as a brief description of the application, and basis for approval or disapproval shall be published in a manner described within FMC 17.120.010. Any affected party may appeal the decision to the Forks planning commission within 15 days of the date of decision by the planning director.
(2) The appeal shall be filed in writing with the city planning director on forms established for this purpose. Once a hearing time is established, proper notification shall be given concerning time, place and purpose of such a hearing, and shall be in conformance with provisions of Chapter 17.135 FMC. (Ord. 433 § 18.40, 1997)
17.90.050 Consideration of the appeal.
(1) Upon receipt of the appeal the city planning director shall publicize and schedule a public hearing before the Forks planning commission pursuant to Chapter 17.120 FMC.
(2) The Forks planning commission within 21 days of the close of the hearing shall affirm, reverse, remand, or modify (including attaching additional conditions) the decision of the planning director.
(3) The decision of the Forks planning commission may be appealed by either the planning director or the appealing party within 15 days from the date of decision. Notice and appeal procedures for this second appeal shall comply with FMC 17.135.040 and 17.135.050.
(4) In a second appeal, the city council shall only affirm or reverse the decision of the Forks planning commission. A reversal would let stand the decision of the planning director as binding upon the applicant for the special use. (Ord. 433 § 18.50, 1997)
17.90.060 Expiration.
(1) A special use permit shall become void if after the expiration of one year from the permit date no substantial construction has taken place in accordance with the plans for which such conditional use permit was authorized.
(2) The planning director may extend the permit an additional year upon a showing of good cause by applicant at any time up until the permit has expired. (Ord. 433 § 18.60, 1997)