Chapter 85.14 — SPECIAL USE PERMITS

§ 85.14.010 Purpose. ¶

Special Use Permits are required to regularly monitor the operation of certain land uses to ensure their continued compatibility with the surrounding property.

(Ord. 4011, passed - -2007)

§ 85.14.020 Types of Special Use Permits and Review Authorities. ¶

Table 85-3 (Special Use Permits) identifies the various types of Special Use Permits with the appropriate review authorities:

Table 85-3 (Special Use Permits) identifies the various types of Special Use Permits with the appropriate review authorities:

	*Table 85-3*
	*Special Use Permits*
*Type of Entitlement or Decision*	*Applicable Citation*	*Director(1) (2)*	*Commission(3)*	*Board(4)*

	*Table 85-3*
	*Special Use Permits*
*Type of Entitlement or Decision*	*Applicable Citation*	*Director(1) (2)*	*Commission(3)*	*Board(4)*
Bed and Breakfast Permit	Ch. 84.05	Issue(5)	Appeal	Appeal
Exotic Animals	Ch. 84.04	Issue(5)	Appeal	Appeal
Home Occupations	Ch. 84.12	Issue(5)	Appeal	----
Private Kennels	Ch. 84.04	Issue(5)	Appeal	Appeal
Recycling Facilities	Ch. 84.19	Issue(5)	Appeal	Appeal
Short-Term Residential Rentals	Ch. 84.28	Issue(5)	Appeal	----
Notes:
(1) The Director may defer action and refer any permit or approval application to the Commission for final determination.
(2) All decisions of the Director are appealable to Commission, and then to the Board, in compliance with Chapter 86.08 (Appeals), except for those decisions addressed in Note (3).
(3) The Commission may refer consideration of an appeal to the Board, except for those decisions involving only a Variance, determination as to the completeness of an application, the determination to approve or deny a Home Occupation Permit, an Accessory Wind Energy Permit, a Short-Term Private Home Rental, a Subdivision Sign Location Plan, or the requirement for preparation of an Environmental Impact Report (EIR). In these instances the Commission’s decision shall be the final and conclusive decision. The Board will not accept nor consider an appeal of these Commission decisions.
(4) All decisions of the Board are final.
(5) Issued by Code Enforcement.

(5) Issued by Code Enforcement.

(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4341, passed - -2018)

§ 85.14.030 Procedures. ¶

(a) Requests for Special Use Permits. The Director shall review and act upon requests for Special Use Permits subject to the findings and conditions for each type of use as identified within the applicable sections of this Development Code that provides for the use.

(b) Procedure. Staff review with notice.

(d) An Advertised Meeting May Be Held. When necessary, the review authority may conduct an advertised meeting to consider evidence and take testimony before acting upon an application for a Special Use Permit.

(Ord. 4011, passed - -2007)

§ 85.14.040 General Provisions. ¶

(a) Shall Be Allowed in the Land Use Zoning District. The uses described in this Chapter shall be an allowed use in the subject land use zoning district, subject to the issuance of a Special Use Permit.

(b) Disapproval Due to Violation(s). Special Use Permit applications shall be disapproved if there is any violation(s) of this Development Code on the property for which the application is filed and appropriate legal action will be taken to abate the violation(s).

(c) Additional Conditions May Be Added. The Director may add additional conditions or requirements as deemed reasonable and necessary to any Special Use Permit.

(d) Annual Renewal and Inspections Required. Special Use Permits shall be renewed annually, unless otherwise specified by this Chapter and inspections will be conducted by the Director before each annual renewal. (Ord. 4011, passed - -2007)

§ 85.14.050 Special Uses. ¶

(a) Conditional Use Permits. Any use that is the subject of an approved Conditional Use Permit and if required by the conditions of approval shall also be made subject to the issuance of a Special Use Permit.

(b) Limited Time Periods May Be Applied. Special Use Permits may be issued for limited time periods. A new application shall be required for renewal of a Special Use Permit.

(Ord. 4011, passed - -2007)

§ 85.14.060 Findings for Specific Special Uses. ¶

(a) Findings for Bed and Breakfast Uses. Before acting upon an application for a Special Use Permit for a bed and breakfast use, the review authority shall first find all of the following to be true:

(1) The site upon which the bed and breakfast use is to be established, shall conform to all standards of the land use zoning district in which it is located, and the site for the proposed use is adequate in terms of shape and size to accommodate the use and parking areas, setbacks, structure coverage, yards, and other applicable requirements of this Development Code; and

(2) The residential character of the neighborhood in which the use is located shall be maintained and preserved and the issuance of the Special Use Permit shall not be significantly detrimental to the public health, safety, and welfare or injurious to the vicinity and land use zoning district in which the use is located.

(Ord. 4011, passed - -2007; Am. Ord. 4341, passed - -2018)