Chapter 9.68 — SPECIAL USE PERMITS

It is the purpose of this chapter to provide for an efficient and timely method to approve uses that are temporary by their nature and do not meet the general criteria of permanent use noted in the land use regulations of this code.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)

• A. A special use permit is required for the following uses:

  1. Temporary swap meet;

  2. Rummage sales sponsored by a nonprofit organization;

  3. Carnivals, circuses, and other traveling entertainment events;

  4. Christmas tree sales on vacant property or parking lots;

  5. Parades, bike races, marathons, etc.;

  6. Temporary buildings or trailers used for office use, storage or sales prior to completion of permanent facilities, provided that plans for the permanent facilities have been approved by the city. The special use permit may be extended by the city planner for a maximum of two times for a period not to exceed an additional ninety days each;

  7. Temporary storage yards used for staging of construction projects that are under construction. The special use permit may be extended by the city planner for the duration of the construction project;

  8. Special shows, such as vehicle displays, auctions, animal association events, etc.;

  9. Any other similar use that the city planner determines is temporary in nature and further provided that said use is found not to be detrimental to surrounding neighborhood.

• B. Uses not requiring a special use permit are:

  1. Sales promotion or grand openings, provided that application for temporary sign permit is obtained;

  2. Garage and rummage sales by private citizens on property within their ownership or other control;

  3. Uses specifically regulated per other authority in the city codes.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

The city planner shall provide an application form that must be completed and submitted to the city planner. In addition, the city planner may request the following if determined necessary to properly assess the application or protect the city and property owners:

• A. Plot map showing location of the use, other building(s) and parking area on the site, all driveways to the site, and all surrounding properties and streets;

• B. Insurance policy or policies naming the city, its officers, agents and employee as additional insureds, issued by a company satisfactory to the city attorney, and in an amount determined to be adequate for the risks involved in the activity, as determined by the city planner;

• C. Cash bond for cleanup or material removal;

• D. Documentation from the property owner agreeing to the use as specified in the application. (Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

A fee as determined by resolution of the city council to defray the costs and expenses of the city in processing the application shall be paid prior to accepting the application for filing, no part of which fee shall be refundable to applicant.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)

• A. The city planner, or designee, shall immediately upon receipt of a completed application as determined by the city planner, distribute the application to the following:

  1. Appropriate city department for review and comments on matters pertaining to site planning, land use, building construction, streets, grading and public safety;

  2. Other local governmental agency, or utility district as necessary.

• B. A decision shall be rendered by the city planner or designee within ten working days of receipt of the completed application based on the comments received.

• C. The city planner may approve, approve with conditions, or deny the application.

• D. The applicant may request an accelerated decision provided that an additional fee is paid to accommodate the special processing required to accelerate. However, in no case shall the city be requested to make a decision within five working days from application acceptance.

• (Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

The city planner is authorized to place conditions on an approved special use permit that include, but are not limited to the following:

• A. A fixed period for each use;

• B. Hours of operation;

• C. Limits on ingress and egress to the site and appropriate directional signing, barricades, fences or landscaping;

• D. Security;

• E. Temporary off-street parking facilities;

• F. Removal of all materials and equipment and restoration of the premises to the original condition;

• G. Special signage;

• H. Maintenance of dust-free conditions.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

The city planner may approve a special use permit if he or she determines that the use would not be injurious to existing improvements and land uses or would be detrimental to the surrounding area or the public in general.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

Any applicant or aggrieved person may appeal any determination of the city planner or any condition or requirement of a special use permit to the city council, or the council may order a review of said determination or any condition or requirement thereon, within ten working days from the city planner's decision.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

The uses allowed by the special permit shall commence within ninety days of the issuance of said permit, otherwise the permit shall expire and become void.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)

A special use permit may be revoked for the following reasons:

• A. The permitted use is being conducted in a manner which is detrimental to the public health, morals, peace, safety or welfare of the city, or constitutes a public nuisance, or

• B. The permittee acquired the special use permit by making or causing to be made factual misrepresentations, material nondisclosures or false or misleading statements in its application

for such permit or in any statement or representations to the city planner, or

• C. Conditions of the permit have not been fully complied with.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

No person shall reapply for a similar special use permit if an application for such has been denied or revoked, if such reapplication is within a period of one calendar year from the date of the final decision on a previously similar application, unless such final decision was a denial of the application without prejudice. The city planner may waive this restriction if he determines conditions have changed since the previous denial or revocation.

(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)