The special outdoor use permit procedure is intended to provide for incidental outdoor uses which may be desirable in the City's commercial districts but which could negatively affect the character and visual appearance of the districts if not properly designed, located or regulated.
(Ord. 12-783, § 7)
(a) 
Compliance Required. No person shall cause or permit any use contrary to or in violation of any provision of this article.
(b) 
Permit Applications. Applications for a special outdoor use permit shall be made on forms provided by the Planning Department. The forms shall be submitted together with any applicable fees and shall be accompanied by plans, exhibits and other material as required by the Planning Director or designee.
(c) 
Fee Required. Special outdoor use permit and related fees shall be established by resolution of the City Council.
(d) 
Application Screening. Upon receipt of an application for a special outdoor use permit, staff shall review the application and inform the applicant as to the completeness of the application submittal and of additional materials required, if any.
(e) 
Notice Requirements. When an application for a special outdoor use permit is deemed complete, the subject property shall be posted with a notice of a request for permit. The property shall be posted for a minimum of 10 calendar days prior to any decision on the application. A notice of a request for a permit shall also be given to the City Council and the Planning Commission 10 days prior to any decision on the application.
(f) 
Review and Decision. All applications are subject to approval by staff. Staff shall act expeditiously on all applications. In reviewing an application, staff shall consider the required findings of this article, and shall accordingly approve, approve subject to conditions, or deny the application. A copy of all conditions of approval shall be mailed to the applicant.
(g) 
Periods of Time When Permit is Void. The special outdoor use permit is an interruptible and terminable permit granted by the City. Staff may void a permit on certain dates to prevent conflicts with community events, filming, street or sidewalk repairs, utility repairs, street closures, other special events, or an excessive amount of outdoor uses in very close proximity to each other at the same time. To the extent possible, the City shall provide prior written notice to the permit holder of any time period during which the permit will be void.
(h) 
Referrals to Planning Commission. An application may be referred to the Planning Commission for determination when staff finds it necessary to ensure consistency with the intent of this article and Article 13.5.
(Ord. 12-783, § 7)
Staff or the Planning Commission, before granting a special outdoor use permit, shall make the following findings:
(a) 
The proposed use is conducted by a business located in the building which fronts on the public right-of-way or property where the use is to be located, and the use is in compliance with this article and other City codes, and the use meets the intent of Article 13.5, Incidental Outdoor Uses; and
(b) 
The proposed use will not adversely effect pedestrian or vehicular traffic, or the public health, safety, or general welfare; and
(c) 
The proposed use will not have an adverse effect on adjacent property or the permitted use thereof; and
(d) 
The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community; and
(e) 
The proposed use will not block views, including the view of any display window, or con-flict with the City streetscape in the vicinity.
(Ord. 12-783, § 7)
Conditions of approval may be imposed on any special outdoor use permit to ensure that the proposed use will be in accord with the required standards and findings of this article, and to ensure the protection of the public health, safety, and general welfare of the community. The permit shall not become effective until all applicable conditions of approval for the permit have been met. All conditions of approval shall be observed throughout the duration of the permit.
(Ord. 12-783, § 7)
(a) 
Planning Commission Review. Any member of the Planning Commission may call up any staff decision regarding a special outdoor use permit for Commission review, provided such a request is made within 10 calendar days after the date of the decision. A Planning Commissioner shall make the request orally at a scheduled meeting, or in writing to the Planning Director or designee. A request for review by a Planning Commissioner shall suspend the effective date of the subject decision until it has been reviewed by the Commission. Such review shall take place no later than the next available Planning Commission meeting. Prior notice of the time and place of the review shall be given to the applicant. The Commission may confirm, modify, or reverse the subject staff decision.
(b) 
Appeals and City Council Review. In addition to the preceding, an applicant or any other person may appeal, or the City Council may choose to review, any staff or Planning Commission decision regarding a special outdoor use permit pursuant to the procedures in Article 19 (Appeals).
(Ord. 12-783, § 7)
(a) 
Permit Approval Time Frame. All permits granted under the provisions of this article shall be valid for one year and may be renewed annually thereafter.
(b) 
Renewal Process. Prior to the expiration of a permit, staff shall determine if the outdoor use for which the permit was granted has been in substantial compliance with all applicable standards and conditions of approval during the year. If determined to have been in substantial compliance, the permit shall be renewed upon payment of the renewal fee. If the use is found not to have been in substantial compliance, the permit shall not be renewed and the use shall require approval of a new permit and payment of all applicable fees.
(c) 
Discontinued Uses. Permits for uses discontinued for a period of 180 days or more shall not be renewed.
(Ord. 12-783, § 7)
(a) 
Modification of Approved Plans or Use. The permit shall be granted solely for the purpose specified in the permit. Any changes or revisions to the approved use shall be subject to approval by staff.
(b) 
Revocability of Permit. A special outdoor use permit may be revoked by the Planning Director before it expires after three written notices of violation of any applicable standard of this article or condition of approval, or if the use becomes nonconforming. Notice of such revocation shall be in writing and shall specify the cause for revocation. The Director's decision may be appealed to the Planning Commission pursuant to Article 19.
(c) 
Enforcement Responsibility. It shall be the duty and authority of the Director, the Director's designees, the code enforcement and law enforcement officers to enforce the provisions of this chapter.
(Ord. 12-783, § 7)