1. This section applies to any use, building or structure that is designated as a special use in Chapter 18.20 by the Use Matrix (see Chapter 18.20).

2. An applicant may combine a special use permit application and rezoning application, and the City may process both applications concurrently. However, if the special use is not allowed in the zoning district that applies to the property when the application is filed, the City will not approve the special use permit unless it also approves the zoning district.

3. Before any special use is constructed, reconstructed, established, or expanded, the Governing Body must approve a special use permit for the use. The special use must also comply with all applicable development, performance and special standards in this title, and any applicable conditions of special use permit approval.

4. A special use permit is restricted to the zoning district and land where the permit is approved.

1. A special use permit application may be filed by the landowner or the landowner’s agent.

2. Preapplication is required (see Section 18.40.020).

3. A neighborhood meeting is required (see Section 18.40.030).

1. Notice to surrounding property owners is required (see Section 18.40.050.B).

2. The Planning Commission shall conduct a public hearing and submit a recommendation and the Governing Body renders a final decision, as provided in Section 18.40.060.B. The Governing Body approves a special use permit by resolution.

1. The Planning Commission and the Governing Body may consider other factors which may be relevant to a particular application.

2. When a special use permit is approved, the Governing Body may impose restrictions upon height or bulk of buildings or structures, or impose requirements relative to yard and lot area, parking, open space or landscaping, duration of the permit, or other requirements determined to be reasonably necessary to protect the public health, safety and welfare of the neighborhood and the community.

3. The Governing Body may require that the applicant submit a final development plan for approval by the staff, Planning Commission or Governing Body prior to the issuance of any building permit.

4. Except where a longer or shorter time is required by this title or a condition of approval for a specific special use, the Planning Commission may recommend and Governing Body shall grant or extend a permit for any period as is warranted under the circumstances. If the Governing Body does not designate a time period, the special use permit is valid for five (5) years from the date of approval. The applicant shall submit an annual report for review by the Planning Official that documents its compliance with this title and any conditions of special use permit approval.

1. When an application for a special use permit is withdrawn by the applicant or denied by the Planning Commission or the Governing Body, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. An application for a different special use permit request can be submitted at any time. In addition, a new application showing major modifications and/or revisions to the withdrawn or denied application may be submitted at any time.

1. Subsequent Approvals and Development

A special use permit does not authorize development. Any development that occurs after the special use permit is approved requires additional approval, which may include subdivision plat or site development plan approval, if applicable, and building permits and certificates of occupancy.

2. Transfer of Special Use Permits

The applicant is designated the permittee for purposes of this section. The use authorized by the permit, however, relates to the land and not the permittee, and permits may therefore be transferred. Any person desiring to operate a special use on property by transfer of the special use permit shall apply to the Planning Official to be substituted as permittee. The applicant shall furnish any information that is reasonably required to satisfy the Planning Official that the applicant is the owner of the property subject to the special use permit, or is otherwise authorized by the owner of the property to conduct the use on the property and to comply with any conditions of approval, and is otherwise qualified to be designated as permittee. No person may use property for a special use without being designated as permittee. Unauthorized use of the property is grounds for revocation of the special use permit.

3. Time Limits

4. Extension of Time Limits