Chapter 20.224
SPECIAL USE PERMITS
Sections:
20.224.010 Purpose and definition.
20.224.020 Development authorization applications.
20.224.040 Inappropriate applications.
20.224.050 Discontinuance of a special use permit.
20.224.060 Change to a different use or structure.
20.224.065 Expiration of approval.
20.224.010 Purpose and definition.
Property which loses its nonconforming status as a result of the restrictions of Section 20.212.070(A)(3) or (A)(4) may, over time, become a detriment to the neighborhood, simply due to the effects of abandonment. The purpose of this chapter is to establish a process and review criteria by which a proposal may be considered, on a case-by-case basis, to replace a previously discontinued nonconforming situation with another use or structure which may not fully meet the current criteria of the district in which it is located. A permit which authorizes such a use or structure is called a special use permit.
20.224.020 Development authorization applications.
A special use permit request requires a Level III development authorization. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 96, 1997).
20.224.030 Review criteria.
Applications for a special use permit will be reviewed following the general review criteria decision process (Section 20.216.040) and conditions of approval (Section 20.216.050) used to evaluate conditional use requests. However, a special use does not enjoy the presumption that it is generally appropriate as does a conditional use. Therefore, in addition to the above, it is the burden of the applicant to:
A. Demonstrate that approval of the request will benefit the general welfare of the community;
B. That options for conforming reuse of the structure are not demonstrated to be economically viable.
20.224.040 Inappropriate applications.
A special use permit application applies only to those situations involving the discontinuance of a nonconforming use status because of lapse in use (see Section 20.212.070(A)(3) or (A)(4)). A special use permit shall not be granted in cases where the appropriate administrative procedure is one of the following:
A. A rezone or zone text amendment;
B. Conversion of an historic structure.
20.224.050 Discontinuance of a special use permit.
A special use permit shall become discontinued when:
A. It is succeeded by a Level I, II, or III use;
B. It is discontinued and not reestablished within eighteen months;
C. It is damaged and application for rebuilding or replacement is not made within six months of such damage; or
D. The use or structure which has been permitted is altered or modified or otherwise changed to such a degree that the use or structure is no longer in compliance with the conditions of the special use permit.
20.224.060 Change to a different use or structure.
A special use permit is granted based on criteria and development standards for a specific proposal; it may not be used for any other proposal which would otherwise need a special use permit. If a special use permit is discontinued, any future use of the property shall:
A. Conform to the current regulations of the zoning district in which it is located; or
B. Be permitted only after application and approval of another special use permit following the procedures outlined in this chapter.
20.224.065 Expiration of approval.
A special use permit shall expire after one year unless terms of the permit have begun or have been substantially completed within that time required by the approving authority. The director may extend authorization for an additional period of six months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period. The director must make a finding that the delay is justified by circumstances beyond the applicant’s control, and that the six-month extension can reasonably be expected to remedy the circumstances. (Ord. 2012-09 § 75, 2012).
20.224.070 Reapplication.
No application for a special use permit shall be considered by the approving authority within one year of a denial of the same or similar request, unless the director first determines that new evidence or circumstances warrant reconsideration within that time. (Ord. 2012-09 § 76, 2012).
20.224.080 Fees.
The fee for a special use permit shall be the same as the fee for a rezone.
20.224.090 Appeal.
Decisions by the hearing examiner for special use may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 97, 1997).