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.
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Uses listed as permitted uses with a special outdoor use permit in Chapter
16.090, Incidental Outdoor Uses, may be permitted in all commercial districts subject to the provisions of this chapter.
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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 title and other City codes, and the use meets the intent of Chapter
16.090, Incidental Outdoor Uses; and
B. The
proposed use will not adversely affect 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 conflict with the City streetscape in the vicinity.
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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 chapter, 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.
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A special outdoor use permit is transferable to new owners of
the business for which the permit was granted.
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