Special use permit

An application for a special use permit may be made by any person, group, agency or corporation by filing an application with the secretary of the zoning board of review describing the request and supported by such data and evidence as may be required by the board or by the terms of this chapter. The zoning board of review shall transmit a copy of the application to the city planning commission for their review and recommendation.

• A. Applicability. The zoning board of review may grant a special use permit in accordance with the procedures and standards of this chapter for the following:
  • 1. Any use or structure designated as requiring a special use permit in Section 17.28.030 (Schedule of uses) or elsewhere in this chapter, subject to the following affirmative findings:
    • a. Within a residential district, that the proposed use is consistent with the residential use of the district;
    • b. Within an industrial district, that the factual evidence has demonstrated that the proposed use will predominantly serve the employees and visitors to the existing industrial uses within the district;
    • c. Within a commercial district, that the proposed use will substantially conform to the scale and context of the surrounding developments;
    • d. Within an open space district, that the building and uses of land will be so designed and located in relation to the property as to preserve an open or natural character in the district.
  • 2. Special Permits Power. The zoning board of review shall have the power in appropriate cases and subject to appropriate conditions and safeguards to issue special permits as authorized by this chapter in harmony with its general purpose and intent. In issuing such permits, the board shall determine that the use meets the following requirements:
    • a. It shall be compatible with its surroundings;
    • b. It shall not be injurious, obnoxious or offensive to the neighborhood;
    • c. It shall not hinder the future development of the city;
    • d. It shall promote the general welfare of the city; and
    • e. It shall be in conformance with the purposes and intent of the comprehensive plan.
  • 3. Special Permit Procedure. Uses permitted by special permit under Chapter 17.88 of this title shall be permitted only upon the issuance of a special use permit. Special use permits may be issued by the zoning board of review after a public hearing.

    No special permit shall be granted by the zoning board of review until the application or request has been referred to the city planning commission. The planning commission shall have thirty (30) days following such referral in which to express its opinion thereon. If within such period, the commission fails to express its opinion or make a recommendation, the application or request should be deemed to be recommended by the planning commission. The opinion and recommendation should be considered by, but shall not be binding upon, the zoning board of review.

  • 4. For the following specified use, the applicant shall have the duty of presenting evidence and the duty of presenting all studies and materials required herein as well as the additional burden of persuading the zoning board that the following specific requirements have been met:
    • a. For wireless service facilities the zoning board of review shall evaluate all of the following additional evidence, information and factors in determining whether or not to grant a special use permit.
      • i. That the applicant supply a definition of the area of service needs for coverage or capacity;
      • ii. That the applicant supply information showing the proposed facility would provide the needed coverage or capacity;
      • iii. That the applicant provide a map showing all sites (alternative sites) from which the needed coverage could also be provided, indicating the zoning for all such sites;
      • iv. That the applicant demonstrate that existing facilities cannot accommodate the proposed facility within the service area and that the applicant demonstrate that an existing public, community or institutional facility cannot accommodate the proposed facility within the service area;
      • v. That the applicant demonstrate that they cannot co-locate the facility within the service area;
      • vi. That the applicant demonstrate, by presenting technological evidence, that the facility must be located at the proposed site in order to satisfy the needs of the applicant's wireless service grid system;
      • vii. That the applicant shall allow other wireless service providers using similar technology to co-locate on;
      • viii. That the applicant demonstrate how the site will be designed to accommodate future multiple users;
      • ix. That the development of the proposed facility will preserve the pre-existing character of the surrounding buildings and land use as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding area; and
      • x. That the zoning board shall not regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

(Prior code § 30-29)