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.
(08-05)
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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A.
Compliance
Required
No person shall cause or permit any use contrary to or in violation
of any provision of this chapter.
B.
Permit
Applications
Applications for a special outdoor use permit shall be made
on forms provided by the Department of Community Development. The
forms shall be submitted together with any applicable fees and shall
be accompanied by plans, exhibits and other material as required by
the Director of Community Development.
C.
Fees
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 chapter, 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.
(08-05)
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.
(08-05)
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.
(08-05)
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 Director of Community
Development.
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 Chapter 16.321, Appeals and Council Review.
(08-05)
A.
Permit
Approval Time Frame
All permits granted under the provisions of this chapter 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 for 180 days or more
shall not be renewed.
(08-05)
A special outdoor use permit is transferable to new owners of
the business for which the permit was granted.
(08-05)
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 Director of Community Development before it expires after three written notices of violation of any applicable standard of this title 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 Chapter 16.321.
C.
Enforcement
Responsibility
It shall be the duty and authority of the Director, the Director's
designees, and the code enforcement officers of the Community Development
Department to enforce the provisions of this chapter.
(08-05)
