Chapter 20.224
SPECIAL USE PERMITS
Sections:
20.224.010 Purpose and definition.
20.224.020 Development authorization applications.
20.224.030 Review criteria.
20.224.040 Inappropriate applications.
20.224.050 Discontinuance of a special use permit.
20.224.060 Change to a different use or structure.
20.224.070 Reapplication.
20.224.080 Fees.
20.224.090 Appeal.
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 Section 20.212.070(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.
A. 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:
1. Demonstrate that approval of the request will benefit the general welfare of the community;
2. That options for conforming reuse of the structure are not demonstrated to be economically viable.
20.224.040 Inappropriate applications.
A. 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 20.212.070(A)(4)). A Special Use Permit shall not be granted in cases where the appropriate administrative procedure is one of the following:
1. A rezone or zone text amendment;
2. Conversion of an historic structure.
20.224.050 Discontinuance of a special use permit.
A. A Special Use Permit shall become discontinued when:
1. It is succeeded by a Level I, II, or III use; or
2. It is discontinued and not reestablished within eighteen (18) months;
3. It is damaged and application for rebuilding or replacement is not made within six (6) months of such damage;
4. 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. 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:
1. Conform to the current regulations of the Zoning District in which it is located; or
2. Be permitted only after application and approval of another Special Use Permit following the procedures outlined in this Chapter.
20.224.070 Reapplication.
If an application for a Special Use Permit is denied, another application for the same proposal shall not be filed for a period of one (1) year.
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 Decision and Appeals. (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 97, 1997).