Chapter 17.81 SPECIAL USES

Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, water tanks, water pumping stations and similar developments necessary for the operation of a public utility may be permitted by conditional use process in any district, where it is not a permitted use; provided, the requirements of MVMC 17.81.020 through 17.81.080 are complied with. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.020 Public utilities – Architectural conformance of buildings.

If the installation is housed in a building, the building must conform architecturally with the surrounding buildings or with the type of buildings that will develop because of the zoning district. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.030 Public utilities – Sight-screening required when.

An unhoused installation on the ground or a housed installation that does not conform to the architectural requirements of MVMC 17.81.020 must be sight-screened with evergreen trees, shrubs and landscaping planted in sufficient depth to form an effective sight barrier within five years. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.040 Public utilities – Fence required when.

An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed with an eight-foot-high open wire fence or solid wall. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.050 Public utilities – Setback requirements.

All buildings, installations and fences shall observe the setback requirements for buildings in the district in which they are located. In the R districts, the side yard requirements shall be a minimum of 20 feet. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.060 Public utilities – Sound level limitations.

In residential areas, the level of transformer noises from electrical distribution substations measured at the property line shall normally not exceed 60 decibels (db) when measured with the “A” or 40 db characteristic by sound level meter meeting the requirements of A.S.A. standard “Z24.3” 1944. This limitation does not include streets, highways or other public roads or alleys. Furthermore, the sound level will be permitted to reach 65 db when measured with the “A” characteristics for a portion of the property boundary not exceeding 10 percent of the perimeter not bounded by streets, highways, other public roads or alleys. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.070 Public utilities – Site plan prerequisites.

A complete site plan and elevation showing the entire development, photographs showing the location and character of all adjoining land improvements, and data showing the means employed to comply with MVMC 17.81.080 must be submitted to the community and economic development department with the application for a permit. (Ord. 3429 § 128, 2008).

17.81.080 Public utilities – Installation specification – Tree trimming permitted when.

Within the system of an overhead electrical power distribution grid in the city, the installation of pole-mounted transformers on major, secondary and access streets shall be limited to a maximum of a single-phase or a three-phase installation of a single pole with only lighting transformer not to exceed a capacity of 75 KVA each. Overhead transformer installations in alley or rear of building locations are not included in the above restrictions. Power lines crossing a building roof and supported on frames on the roof are prohibited. In the event of an operational emergency, transformers of any size can be installed at the discretion of the power utility company on any pole or poles for a period not to exceed 30 days. Temporary transformer installations located on private property to serve a specific temporary need may be permitted for a specific time not to exceed one year. The utility and electrical power companies holding franchises in the city have the right, after securing a permit from the city engineer, to cut, prune or trim the growth of any trees planted in or adjacent to the public streets which create a hazard by contacting the wires of the distribution systems. Tree trunks, limbs, or branches may be cut so that over public rights-of-way a clearance of five feet exists around the existing or newly installed distribution wires. Where a new series of poles and distribution lines are to be installed and the street is planted with mature trees on each side, it shall be within the jurisdiction of the city engineer to determine on which side of the street the new poles and lines shall be installed. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.090 Carnival and revival tents – Permit required – Requirements.

In all districts, the establishment of a carnival, circus, merry-go-round, ferris wheel, revival tent or any similar amusement or temporary meeting place shall require a permit issued by the building official and the fire marshal; provided, that all state, county, and other regulations are met. The permit may be granted for a maximum period of two months. The fee shall be as prescribed in Chapter 5.44 MVMC. Approval will be conditioned on compliance with the following requirements:

A. The location must be such that there will be no serious interference with the city’s normal affairs;

B. Provisions for adequate off-street parking space on the site and a reasonable and safe means of ingress and egress must be shown;

C. Signs to be posted, circulars to be dispersed, or other means of advertising must be removed at the termination of this use. (Ord. 3315, 2006; Ord. 2352, 1989).

17.81.110 Accessory dwelling units.

Repealed by Ord. 3802. (Ord. 3429 § 129, 2008).

17.81.120 Variances, special use permits and appeals for ADU.

Repealed by Ord. 3802. (Ord. 3429 § 130, 2008).

Article II. Special Use Permits

17.81.500 Authority to grant special use permits.

A special use permit may be granted by the hearing examiner after a public hearing and review by the hearing examiner. (Ord. 3315, 2006; Ord. 2966 § 12, 1999; Ord. 2591 § 2, 1994).

17.81.510 Application.

A written application for a special use permit shall be submitted to the community and economic development department and shall include such information as requested within Chapter 14.05 MVMC. No application shall be accepted unless it complies with such requirements. (Ord. 3429 § 131, 2008).

17.81.520 Fee.

The special use permit application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development director. No action shall be taken upon the application until the fee has been paid. (Ord. 3429 § 132, 2008).

17.81.530 Public hearing notification.

Repealed by Ord. 3429. (Ord. 3315, 2006; Ord. 3092 § 59, 2002; Ord. 2967 § 1, 1999; Ord. 2966 § 14, 1999; Ord. 2591 § 5, 1994).

17.81.540 Approval or denial of application – Standards.

The hearing examiner or director may approve a special use permit application only upon finding that:

A. The proposal is compatible with the intent of the comprehensive plan for the city;

B. The proposal shall be compatible with the surrounding neighborhood;

C. The surrounding neighborhood would not be negatively impacted by the size, arrangement, or architectural design of the proposed use;

D. Traffic patterns are not severely impacted;

E. Public facilities are available to serve the proposed development;

F. The proposal has no materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of said neighboring properties; and

G. The proposal has been designed to minimize adverse effects on neighboring properties. (Ord. 3429 § 134, 2008).

17.81.550 Conditions of approval.

In approving any special use permit, the hearing examiner or director may impose reasonable conditions to ensure that the special use permit shall not be materially detrimental to the public welfare or injurious to property or improvements in the area. (Ord. 3429 § 135, 2008).

17.81.560 Appeal from decision – Time limits.

A. The action by the hearing examiner on an application for a special use permit shall be final and conclusive unless within 10 days from the date of said action the applicant or an adverse party appeals to the city council. Upon receiving timely notice of appeal, together with a fee (see Chapter 14.15 MVMC), the city council shall set a date for hearing of the matter and shall notify the parties. Following this hearing, the city council may concur with the recommendation of the hearing examiner or refer the matter to the hearing examiner for reconsideration and a subsequent report to the city council, upon receipt of which the city council shall take final action.

B. The action by the hearing examiner on an application for a variance or an appeal from the decision of the community and economic development director shall be final and conclusive unless with 10 days from the date of said action the applicant or an adverse party appeals to a court of competent jurisdiction. (Ord. 3429 § 136, 2008).

17.81.570 Appeal of city council decision.

An applicant whose special use permit request has been disapproved by the city council may appeal to a court of competent jurisdiction. (Ord. 3315, 2006; Ord. 2591 § 9, 1994).

17.81.580 Findings of fact.

In issuing an order, requirement, decision or determination, the hearing examiner or director shall make written findings of fact stating reasons upon which the action is based. (Ord. 3429 § 137, 2008).

17.81.590 Expiration of special use permits.

A special use permit shall expire and the uses permitted thereunder shall be unlawful and nonconforming upon abandonment of the use. Discontinuance of a use permitted by special use permit for a period of one year shall raise the presumption that the use has been abandoned, which must be overcome by clear evidence to the contrary for the permit to survive. A special use permit shall expire and the uses permitted thereunder shall be unlawful and nonconforming upon termination or cancellation of any home occupation permit or business license required for the use. (Ord. 3315, 2006; Ord. 2597 § 1, 1994).