SPECIAL USE PERMITS
Sections:
20.604.010 Purpose and intent.
20.604.020 Limits on authority.
20.604.030 Status of specially permitted uses.
20.604.040 Application for special use permit.
20.604.050 Procedures for special use permits.
20.604.060 Findings.
20.604.070 Decision on special use permit and appeal.
20.604.010
Purpose and intent.
A. Specially permitted uses are those uses which
are generally compatible with the land uses permitted
by right in a given zoning district, but which
require individual review of their location,
design and configuration and the imposition of
conditions to ensure the appropriateness of the
use at a particular location within a given zoning
district.
B. Only those uses that are enumerated as special
permitted uses in a particular zoning district,
or those non-conforming uses which are permitted
to be reestablished or expanded pursuant to chapter
20.698 shall be authorized by the planning commission. A
special use permit shall not be required for
a use allowed as a permitted use in a given zoning
district. No specially permitted use shall be
established until a special use permit is issued
in accordance with the provisions of this chapter.
(Ord. 763, 1996; Ord. 641; 1994; Ord. 295, 1978;
Ord. 167, 1968) 
20.604.020 Limits on authority.
A. The planning commission, and the board on appeal,
shall have no authority to vary, modify or waive
any of the regulations or standards prescribed
for any use for which a special use permit is
required and any purported such modification,
variance or waiver shall be void.
B. This provision shall not prevent the property
owner from concurrently applying for a variance
pursuant to chapter 20.606. (Ord. 763, 1996)
20.604.030 Status of specially permitted uses.
A. The designation of a use in a land use district
as a specially permitted use does not constitute
an authorization or assurance that such use will
be approved.
B. Approval of a special use permit shall authorize
only the particular use for which the permit
is issued.
C. No use authorized by a special use permit shall
be enlarged, extended, increased in intensity
or relocated unless an application is made to
modify the special use permit in accordance with
the procedures set forth in this code.
D. Development of the use shall not be carried out
until the applicant has secured all the permits
and approvals required by this title, the Douglas
County code, or regional, state and federal agencies.
(Ord. 763, 1996)
20.604.040 Application for special use permit.
A. An application for a special use permit may be
submitted by the property owner or by an agent
on the owner’s behalf.
B. The application shall be processed as provided
in chapter 20.04.
C. If the proposed use requires a division of land
as provided in this title, an application for
a land division permit shall be submitted in
conjunction with the application for a special
use permit. Approval of the special use permit
shall not become effective until final approval
of the land division permit; provided, that if
the land division is proposed in phases, the
approval of the special use permit shall take
effect upon final approval of the phase of the
land division containing the property on which
the specially permitted use is to be located.
(Ord. 763, 1996; Ord. 295, 1978; Ord. 167, 1968)
20.604.050 Procedures for special use permits
The planning commission shall be the final decision-maker
for special use permits. The commission shall
conduct a public hearing pursuant to chapter
20.20. Published and personal notice pursuant
to chapter 20.20 shall be required. (Ord. 763,
1996)
20.604.060 Findings.
When considering applications for a special use permit,
the commission shall evaluate the impact of the
special use on and its compatibility with surrounding
properties and neighborhoods to ensure the appropriateness
of the use at a particular location and make
the following findings:
A. The proposed use at the specified location is
consistent with the policies embodied in the
adopted master plan and the general purpose and
intent of the applicable district regulations;
B. The proposed use is compatible with and preserves
the character and integrity of adjacent development
and neighborhoods and includes improvements or
modifications either on-site or within the public
rights-of-way to mitigate development related
adverse impacts, such as traffic, noise, odors,
visual nuisances, or other similar adverse effects
to adjacent development and neighborhoods. These
improvements or modifications may include, but
shall not be limited to the placement or orientation
of buildings and entryways, parking areas, buffer
yards, and the addition of landscaping, walls,
or both, to mitigate such impacts;
C. The proposed use will not generate pedestrian
or vehicular traffic which will be hazardous
or conflict with the existing and anticipated
traffic in the neighborhood;
D. The proposed use incorporates roadway improvements,
traffic control devices or mechanisms, or access
restrictions to control traffic flow or divert
traffic as needed to reduce or eliminate development
impacts on surrounding neighborhood streets;
E. The proposed use incorporates features to minimize
adverse effects, including visual impacts and
noise, of the proposed special use on adjacent
properties;
F. The project is not located within an identified
archeological/cultural study area, as recognized
by the county. If the project is located in a
study area, an archeological resource reconnaissance
has been performed on the site by a qualified
archeologist and any identified resources have
been avoided or mitigated to the extent possible
per the findings in the report;
G. The proposed special use complies with all additional
standards imposed on it by the particular provisions
of this chapter and all other requirements of
this title applicable to the proposed special
use and uses within the applicable base zoning
district, including but not limited to, the adequate
public facility policies of this title; and
H. The proposed special use will not be materially
detrimental to the public health, safety, convenience
and welfare, and will not result in material
damage or prejudice to other property in the
vicinity. (Ord. 801, 1997; Ord. 763, 1996; Ord.
295, 1978; Ord. 167, 1968)
20.604.070 Decision on special use permit and appeal.
The planning commission shall render its decision
on the special use permit application in accordance
with chapter 20.10, and may impose conditions
in accordance with chapter 20.14. If the appropriateness
of the use cannot be assured at the location,
the application for special use permit shall
be denied as being incompatible with existing
uses or uses permitted by right in the district. Appeal
shall be to the board of adjustment in accordance
with chapter 20.12. (Ord.763, 1996; Ord. 339,
1980; Ord. 249, 1976; Ord. 203, 1973; Ord. 167,
1968)
