[R.O. 2012 §415.200; Ord. No. 1397B §3, 8-21-2007]
The division of the City into zoning districts is based upon
the principle that similar conditions prevail throughout a particular
district. For particular uses of land that, because of their unique
character or potential impacts on adjacent land uses, are not permitted
in certain zoning districts as a matter of right, the City may grant
a special use permit under certain conditions.
[R.O. 2012 §415.210; Ord. No. 1397B §3, 8-21-2007]
A special use permit may be granted for those unique uses as listed in Section 415.250.
[R.O. 2012 §415.220; Ord. No. 1397B §3, 8-21-2007]
A.
Applications
for special use permits shall include the following information:
1.
A completed application form as provided by the City;
2.
Legal description of the subject property;
3.
Proof of ownership or control of the subject property;
4.
Description of the proposal that specifically describes the function,
operation and duration of the proposed use;
5.
Map depicting the general location of the property;
6.
A final development plan, when applicable;
7.
Names and addresses of property owners within one hundred eighty-five
(185) feet of the project boundary; and
8.
Any other information deemed necessary to conduct a thorough analysis
of the application including, but not limited to, a stormwater analysis,
a traffic study or an environmental impact study, if warranted.
[R.O. 2012 §415.230; Ord. No. 1397B §3, 8-21-2007]
A.
An
application for a special use permit shall not be approved unless
the following criteria are met:
1.
The proposed use is consistent with the intent of the City's Comprehensive
Plan;
2.
The proposed use is one specifically permitted by this Code or, as
an exception, any previously granted special use permit may be considered
for renewal;
3.
The proposed use does not adversely impact the public health, safety,
comfort or general welfare;
4.
The proposed use conforms to all conditions and performance standards
as set forth herein;
5.
The proposed use does not adversely impact the public infrastructure
system; and
6.
The proposed use is compatible with the use, scale, orientation and
setback of properties in the general vicinity.
[R.O. 2012 §415.240; Ord. No. 1397B §3, 8-21-2007]
A.
Upon
recommendation by the Planning and Zoning Commission, all special
use permit applications shall be considered by the Board of Aldermen
for final determination which shall take the form of a resolution
either denying or approving the special use permit and all conditions
of the approval.
B.
All
special use permit applications shall require a public hearing either
before the Planning and Zoning Commission or the Board of Aldermen.
C.
The
action of granting a special use permit shall not constitute an act
of rezoning.
[R.O. 2012 §415.250; Ord. No. 1397B §3, 8-21-2007; Ord. No. 1530 §2, 3-11-2014]
Only the uses identified on the following list shall be considered
for a special use permit.
A.
Accessory utility facilities.
C.
Home occupation to be conducted within an accessory structure to
a residence.
D.
Automotive
rental agency, subject to the following:
[Ord. No. 1628, 10-15-2019]
1.
Each application for a special use permit shall require submittal
of a parking plan clearly indicating the areas and parking spaces
to be used for proposed parking and storing of motor vehicles on the
parking lot;
3.
The parking and storing of motor vehicles shall be limited to no
more than fifteen (15) vehicles in dedicated parking spaces or such
other number as shown on an approved parking plan; and,
4.
Such other conditions as the Board of Aldermen may require based
on the circumstances of the application, it’s location and surrounding
uses.
5.
If the premises is a leased premises, evidence of the lot owner’s
express written consent is required to be submitted to the City.
[R.O. 2012 §415.260; Ord. No. 1397B §3, 8-21-2007]
A.
Operation
of an approved special use permit shall expire should any of the following
circumstances occur:
1.
The term of the permit has expired;
2.
In the case of new construction, if the necessary building permits
have not been issued in accordance with the approved permit within
two (2) years from the date of approval;
3.
The approved use ceases operation for a period of twelve (12) consecutive
months; or
4.
The approved use changes site location.
B.
Should
any special use permit be reported to be in non-conformance with the
terms of approval, the permit shall be subject to revocation by resolution
of the City Board of Aldermen after a public hearing. Said permit
shall be revoked upon determination of any of the following:
