The purpose of a special use permit is to provide opportunities to accommodate certain uses, which, by nature of use, intensity, or general impact on an area, cannot be considered as a use of right within a zoning district. Where special conditions and regulations can be complied with, and such use is authorized as a special use within the zoning district for which application is made, such uses may be found to be permissible.
(Ord. 28-05 § 1.02)
Any request for a special use permit shall not be considered by the hearing body unless and until a completed application for a special use permit is submitted indicating the section of this code under which the special use is sought, and further stating the grounds upon which it is requested. Such application shall be accomplished by the following:
A. 
A title insurance company report showing ownership of record of the property involved, an accurate legal description of the property involved, and a list of the names and addresses of all owners of record of property within a radius of 300 feet of the exterior boundaries of the subject property, or within the distance specified within the appropriate section of this chapter relating to the special use being proposed. In addition, the report shall be accompanied by an accurate key map showing the property involved and delineating the property within 300 feet or other specified distance of the subject property. Each parcel falling wholly or partly within the specified distance shall be numbered to correspond with the ownership report;
B. 
A plot plan showing the following:
1. 
Boundaries and dimensions of property;
2. 
Location and width of boundary streets;
3. 
Size and location of existing or proposed buildings, structures or activities on the site;
4. 
Roadways, walkways, off-street parking, loading facilities and emergency vehicle access;
5. 
Fencing, screening or buffering with reference to location, type, dimension and character;
6. 
Required setbacks, yards and other open spaces; and
7. 
Easements, rights-of-way, etc.;
In addition, architect's sketches showing elevations of proposed buildings or structures, complete plans, and any other information needed by the commission or board may also be required;
C. 
Written assurance from all applicable federal, state or local regulatory agencies indicating that the applicant has complied with at least one of the following requirements:
1. 
Made initial contact with those agencies having jurisdiction over the proposed project;
2. 
Applied for the necessary permits and/or licenses from those agencies having jurisdiction over the proposed project;
3. 
Received the necessary permits and/or licenses from those agencies having jurisdiction over the proposed project;
D. 
State Environmental Policy Act (SEPA) checklist as required;
E. 
Standard fee as set forth in RMC § 19.80.020.
(Ord. 28-05 § 1.02)
A. 
The hearing examiner shall conduct the review of special use permit applications for the following uses:
1. 
Outdoor commercial recreation in the AG – agricultural and I-M – medium industrial districts;
2. 
Dormitories, fraternities, sororities, hotels and motels and residential development in the B-RP – business research park district;
3. 
Businesses with drive-through window service in the C-1 neighborhood retail and WF – waterfront districts;
4. 
Landscaping material sales and plant nurseries in the AG – agricultural district;
5. 
Manufactured home parks in the R-2 – medium-density residential and R-3 – multifamily residential districts;
6. 
Monopoles and lattice towers in the PPF – parks and public facilities, B-C – business commerce, CBD – central business district, C-2 – retail business, C-3 – general business, B-RP – business research park, I-M – medium industrial and M-2 – heavy manufacturing districts;
7. 
Recreational vehicle campgrounds and recreational vehicle parks in the AG – agricultural and C-3 – general business districts;
8. 
Sit-down restaurants in the C/R-T – commercial/residential transition district;
9. 
Parking lots in the NOS – natural open space district;
10. 
Single retail businesses operating within a building space in excess of 15,000 square feet in area in the C-1 – neighborhood retail business district;
11. 
Telemarketing services in the B-RP – business research park district;
12. 
Automobile repair minor, automobile repair specialty shop, automobile service station, auto parts sales, car wash – automatic or self-service, vehicle leasing/renting, vehicle sales and restaurant/drive-through in the CBD – central business district.
B. 
The board of adjustment shall be the hearing body to conduct the review of special use permit applications for the following uses:
1. 
Animal shelters, commercial kennels and animal clinics in the AG – agricultural, C-2 – central business, C-3 – general business, and I-M – medium industrial districts;
2. 
Automobile wrecking and the storage or sale of junk, unlicensed autos or salvage materials in the M-2 – heavy manufacturing district;
3. 
Bed and breakfast facilities in the single-family residential (R-1-12, R-1-10, R-2), SAG – suburban agricultural and AG – agricultural districts;
4. 
Day care centers in the residential (R-1-12, R-1-10, R-2, R-3), SAG – suburban agricultural, AG – agricultural, I-M – medium industrial and B-RP – business research park districts;
5. 
The excavating, processing, removal of topsoils, sand, gravel, rock or similar deposits in the AG – agricultural, I-M – medium industrial and M-2 – heavy manufacturing districts;
6. 
Public stables and riding academies in the FP – floodplain, AG – agricultural and C-3 – general business districts; and
7. 
Towing and vehicle impound lots in the C-3 – general business district.
(Ord. 28-05 § 1.02; Ord. 07-06; Ord. 23-11 § 1.02; Ord. 32-11 § 16; Ord. 24-14 § 1.01)
Written notice of public hearings consistent with the requirements of Chapter 19.40 RMC shall be addressed through the United States mail to the owner of the property of which the special use is sought and to the owners of record of all properties within a radius of 300 feet of the exterior boundaries of the subject property, pursuant to the title insurance company report required by RMC § 23.46.020, or within the distance specified within the appropriate section of Chapter 23.42 RMC relating to the special use being proposed. Such notice of hearing shall also be published at least once in the official newspaper of the city. Both published and mailed notices shall be given at least 10 days in advance of the public hearing.
(Ord. 28-05 § 1.02)
The hearing body shall conduct an open record public hearing on an application for special use permit as required by RMC Title 19 for a Type III permit application.
A. 
Any person may appear at the public hearing in person, or by agent or attorney.
B. 
The hearing body shall make a finding that it is empowered under the section of this code described in the application to consider the application for the special use permit.
C. 
The hearing body shall approve, approve with conditions or deny an application for a special use permit based on findings of fact with respect to the following criteria:
1. 
The size and dimensions of the site provide adequate area for the proposed use;
2. 
The physical conditions of the site, including size, shape, topography, and drainage, are suitable for the proposed development;
3. 
All required public facilities necessary to serve the project have adequate capacity to serve the proposed project;
4. 
The applicable requirements of this zoning regulation (RMC Title 23), the city comprehensive plan, the city sensitive area regulations (RMC Title 20), the city shoreline management regulations (RMC Title 26) and the city sign regulations (RMC Title 27) have been met; and
5. 
Identified impacts on adjacent properties, surrounding uses and public facilities have been adequately mitigated.
D. 
The hearing body may impose conditions on the approval of a special use permit in addition to or above and beyond those required elsewhere in this title, which are found necessary to ensure the use is compatible with the public interest. These conditions may include, but are not limited to, the following:
1. 
Limiting the hours, days, place and/or manner of operation;
2. 
Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust;
3. 
Requiring additional setback areas, lot area and/or lot depth or width;
4. 
Limiting the building height, size or lot coverage, and/or location on the site;
5. 
Designating the size, number, location and/or design or vehicle access points;
6. 
Requiring street right-of-way dedication and/or street improvement;
7. 
Requiring additional landscaping, berms and/or screening of the proposed use and/or its parking or loading areas and designating the required size, height, type and/or location of fencing and landscaping materials;
8. 
Limiting the number, size, location, height and/or lighting of signs.
E. 
Violation of any conditions, requirements, and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this code and punishable under RMC § 23.70.270.
F. 
The hearing body may prescribe a time limit within which the action for which the special use permit is required shall be begun and/or completed. Failure to begin and/or complete such action within the time limit set shall void the special use permit. The time limits may be extended by the hearing body for good cause shown. In the event that no specific time limit to begin or complete a special use permit is identified, then the special use permit shall remain valid for a period of two years from the date that the permit was issued. The hearing body may authorize issuance of a special use permit for a specified probationary period of time, at the termination of which the applicant must resubmit a new application in accordance with the provisions of RMC § 23.46.020.
(Ord. 28-05 § 1.02)
A. 
A written notice of action shall be addressed through the United States mail to the applicant within three days after any action by the hearing body on a special use permit application.
B. 
If the special use permit application is approved, the notice shall contain findings of fact, a list of conditions of approval, if any, that must be complied with prior to special use permit issuance, and a list of requirements which have been made conditions of special use permit approval and which must be complied with after special permit issuance.
C. 
If the special use permit is tabled, the notice shall contain a list of requirements or information that must be complied with or provided prior to further consideration by the hearing body.
D. 
If the special use permit application is denied, the notice shall contain findings of fact that were the basis for the denial.
(Ord. 28-05 § 1.02)
A decision on a special use permit by the board of adjustment shall be by the affirmative vote of not less than a majority of the quorum of the board. A decision shall be by a recorded motion in the case of the board of adjustment or by written decision in the case of the hearing examiner. A decision shall incorporate findings of fact and refer expressly to the ordinance, or sections thereof, upon which the board's or hearing examiner's actions are based. Approval of a special use permit application shall authorize the administrative official to issue a special use permit. Conditions may be attached to authorization by the board or hearing examiner that must be complied with prior to the issuance of the permit.
(Ord. 28-05 § 1.02; Ord. 24-14 § 1.01)
Any decision by the hearing body shall be final unless written notice of appeal to the city council, together with such fees as are required by RMC § 19.80.020, is filed with the city clerk within 10 days from the date of the order, requirement, decision or determination by the hearing body. Such appeal shall be consistent with the requirements set forth in Chapter 19.70 RMC for appeal of decisions on Type II permit applications. The city council shall review the official record of the special use permit application, including the notice of appeal, and shall consider testimony pertinent to the official record. If new evidence is received that is not part of the official record, the city council shall not use the new evidence as a basis of reversing a decision, but instead shall remand the application to the hearing body for reconsideration. The city council may, so long as such action is in conformity with the terms of this code, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as the city council deems appropriate.
(Ord. 28-05 § 1.02)
A. 
Major changes to a previously approved special use permit shall be considered as a new application as set forth in RMC § 23.46.020. Major changes include the following:
1. 
An increase in the approved floor area of 10 percent or more for any nonresidential building;
2. 
An increase in the density of a residential project of 10 percent or more;
3. 
A reduction of 10 percent or more of the open space area, or required landscaping areas;
4. 
A reduction of an approved setback of 20 percent or more;
5. 
A change in the amount of off-street parking of 10 percent or more; or
6. 
A change in any operational condition specified in the original conditions of approval of the special use permit that the administrative official deems to result in a possible adverse impact to adjacent properties.
B. 
Any modification to a previously approved special use permit that does not meet the definition of a major modification shall be considered a minor modification. Minor modifications shall be approved, approved with conditions or denied by the administrative official based on the finding that the proposed development complies with all applicable requirements of this title.
(Ord. 28-05 § 1.02; amended during 2011 recodification)
A. 
Except as provided in subsection (B) of this section, any application for issuance of a special use permit which has been disapproved by the hearing body and/or city council shall not be resubmitted to the hearing body for a period of two years from the date of disapproval.
B. 
The hearing body may waive the two-year waiting period for a previously disapproved application when it can be reasonably demonstrated that conditions in the area of the request have substantially changed since disapproval, or that the nature of the application has changed sufficiently to remedy the reasons for disapproval. In either case, it shall be the burden of the applicant to show such change.
(Ord. 28-05 § 1.02)
A. 
The validity of any special use permit shall be contingent upon exercise of the special use, as granted, and the special use permit shall run with the property regardless of a change in ownership of the property.
B. 
The hearing body may require, as a condition of approval for granting of the special use, that the special use permit be recorded with the Benton County auditor's office as a special covenant which shall run with the property regardless of a change in ownership of the property.
C. 
Any change in the special use for which the original permit was issued which is determined to be substantial by the administrative official shall void the original permit and necessitate the submission of a new application.
(Ord. 28-05 § 1.02)
A. 
Any conditional use lawfully existing prior to December 6, 1976, and/or prior to the effective date of the mandatory ordinance codified in this title shall be considered an existing nonconforming special use, subject to the provisions and requirements of Chapter 23.66 RMC, and further subject to the conditions of issuance of the permit issued for such use.
B. 
Any such nonconforming special use considered to be terminated by virtue of the requirements specified in Chapter 23.66 RMC shall require the issuance of a special use permit in order to be continued.
(Ord. 28-05 § 1.02)
Granting of a special use permit confers upon the property only such use or uses specifically enumerated in the approved special use permit, and subject to any and all conditions, requirements and safeguards established in the approved permit.
(Ord. 28-05 § 1.02)