[R.O. 2012 §405.460; Ord. No. 522 §§1—3, 12-1-1992]
A. Delegation Of Power. The Board of Aldermen is hereby authorized
to decide whether Special Use Permits shall be granted subject to
the general and specific standards contained in this Chapter; to grant
Special Use Permits with such conditions or restrictions as are appropriate
to protect the public interest and to secure compliance with this
Chapter; and to deny requests which fail to satisfy the standards
and requirements contained herein and which are not in harmony with
the purposes and interest of this Chapter and the health, safety,
and welfare of the community. The Board of Aldermen shall decide whether
Special Use Permits shall be granted only after having received a
recommendation from the Planning Commission. In no event shall a Special
Use Permit be granted where the proposed use is not authorized by
the terms of this Chapter, or where the standards of this Article
are not found to exist.
B. Conditions And Guarantees. Prior to the granting of any
Special Use Permit, the Planning Commission or Board of Aldermen may
stipulate such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special permit
use as is deemed necessary for the protection of the public interest
and to secure compliance with the standards and conditions contained
herein. In all cases in which a Special Use Permit is granted, the
Planning Commission may recommend or Board of Aldermen may require
such evidence and guarantees as may be deemed necessary to insure
that the conditions stipulated are being, and will be, fully complied
with.
[R.O. 2012 §405.470; Ord. No. 522 §§1—3, 12-1-1992]
A. Application. A written application for a Special Use Permit
shall be filed with the Zoning Official and shall include a statement
indicating the Section of this Chapter under which the permit is sought,
the grounds upon which it is requested, and sufficient evidence to
show that the use win conform to the standards set forth. The application
shall be accompanied by an area map and site plan of the subject property.
B. Fees. Every application for a Special Use Permit shall be
subject to a filing fee of fifty dollars ($50.00).
C. Site Plan. All applicants for a Special Use Permit shall
submit with their application ten (10) copies of a development plan
for the property which shall include the following:
1. A site plan showing:
a. Approximate size and locations of all buildings.
c. Parking arrangements and numbers of spaces.
d. Interior drives and service areas.
2. Location map showing development and zoning of adjacent property
within one hundred (100) feet.
3. The full legal description of the boundaries of said development
area.
4. A description of the general character of all buildings.
D. Hearing. Upon receipt of the formal application and all
accompanying material, the Zoning Official shall call a public hearing
for the next scheduled meeting of the Planning Commission, provided
however, that notice must be published in a newspaper of general circulation
at least fifteen (15) days prior to the date set for hearing. The
Planning Commission shall submit a recommendation to the Board of
Aldermen within thirty (30) days after the close of the public hearing.
E. Findings. In making a recommendation to the Board of Aldermen,
the Planning Commission shall specify the particular grounds relied
upon and their relation to the proposed use and shall make affirmative
findings that the proposed use conforms with the general standards
set forth in this Article. In no case shall an exception be granted
if the proposed use will constitute a nuisance or a public health
or safety hazard to adjacent properties or to the community at large.
F. Action By Board Of Aldermen. The Board of Aldermen shall
consider the Planning Commission's recommendation at the next regularly
scheduled Board of Aldermen meeting for which the agenda item can
be docketed. The Board of Aldermen may adopt or may revise or amend
and adopt such recommendation by resolution. If the Board of Aldermen
fails to act upon a recommendation within one hundred twenty (120)
days from the receipt thereof, the application shall be deemed to
have been denied.
[R.O. 2012 §405.480; Ord. No. 522 §§1—3, 12-1-1992]
A. Before
any permit shall be granted, the Planning Commission shall make written
findings certifying that adequate provision has been made for the
following:
1. The location and size of the proposed use in relation to the site
and to adjacent sites and uses of property, and the nature and intensity
of operations proposed thereon.
2. Accessibility of the property to police, fire, refuse collection
and other municipal services; adequacy of ingress and egress to and
within the site; traffic flow and control; and the adequacy of off-street
parking and loading areas.
3. Utilities and services, including water, sewer, drainage, gas, and
electricity, with particular reference to location, availability,
capacity and compatibility.
4. The location, nature, and height of buildings, walls, fences, and
other improvements; their relation to adjacent property and uses;
and the need for buffering or screening.
5. The adequacy of required yard and open space requirements and sign
provisions.
6. The general compatibility with adjacent properties, other properties
in the district, and the general safety, health, comfort and general
welfare of the community.
[R.O. 2012 §405.490; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 530 §1(D), 5-18-1993]
A. In
granting a special use, the City may impose such conditions, safeguards
and restrictions upon the premises to reduce or minimize any potential
injurious effect of such special uses upon other property in the neighborhood,
and to carry out the general purpose and intent of these Zoning Regulations.
The following additional conditions shall be requirements for the
approval of the following special uses:
Day care homes shall obtain a Special Use Permit for the care
of more than eight (8) children in Zoning Districts permitting residents,
provided that:
1. One (1) off-street parking space is provided for each non-resident
or non-family member employee, in addition to the two (2) spaces per
single-family or duplex unit required. The residential driveway is
acceptable for this purpose.
2. If located on an arterial or collector street, an off-street dropoff/pickup
area must be provided.
3. The number of children in any one (1) home for care for any part
of the twenty-four (24) hour day shall be limited to eight (8).
4. The permit shall be issued to a particular provider. A change in
the day care provider shall require another public hearing.
5. The permit shall be issued for a period of two (2) years. Automatic
renewal shall be allowed at the end of each two (2) year period unless
complaints or objections have been received by the City, in which
case the initial application process must be followed as provided
for in this Section. If renewal is automatic, then the application
fee of fifty dollars ($50.00) shall be waived. If a re-hearing is
required, then the application fee is required.
6. Prior to issuance of the permit, the applicant shall provide the
City with proof of three hundred thousand dollars ($300,000.00) or
more in liability insurance coverage.
7. Prior to issuance of the permit, the applicant must provide proof
of current CPR training.
8. No structural or decorative alteration is made to the residential
structure which will alter its single-family character or make it
incompatible with surrounding residences.
[R.O. 2012 §405.500; Ord. No. 522 §§1—3, 12-1-1992]
A. Sunset. A Special Use Permit shall expire, upon public hearing,
unless a building permit is taken within twelve (12) months to effectuate
such specially permitted use; or if no building permit is required,
evidence of use is filed with the Zoning Administrator.
B. Abandonment. Once a specially permitted use ceases or is
abandoned for a period of more than twelve (12) months, the Special
Use Permit shall expire upon public hearing; except that the Special
Use Permit for an auto salvage yard shall automatically expire if
the State license for operating the auto salvage yard lapses for a
period of time more than six (6) months.