[Ord. No. 1007 §16-220.01, 1-24-2001; Ord. No. 1013 §1, 6-27-2001; Ord. No. 1045 §16-220.01, 8-14-2002; Ord. No. 1091 §§1 —
3(App. A §445.180), 9-24-2003; Ord. No. 1124 §26, 8-25-2004; Ord. No. 1456 § 15, 4-19-2017; Ord.
No. 1565, 12-21-2022]
A. The following uses may be located in any district with the issuance
of a special use permit, except in those districts listed after each
use, after a public hearing and upon recommendation of the Planning
Commission and approval of the City Council and subject to such regulations,
restrictions and conditions within the district and any other conditions
of zoning or use so stipulated or imposed:
Use
|
Use To Be Excluded From Following Districts
|
---|
Automobile parking lot properly landscaped, surfaced, drained
and screened
|
Residential districts
|
Billboard signs
|
Residential districts
|
Cemeteries
|
"C-2A," "MS1," "MS2," "DND"
|
Dog kennel — veterinary
|
None
|
Electric power substations
|
None
|
Discount store or superstore
|
Residential districts
|
Hospital
|
Residential districts, "C-2A," "MS1," "MS2"
|
Motels and hotels
|
Residential districts
|
Nurseries
|
Residential districts
|
Nursing homes
|
None
|
Radio, television and microwave towers and antennae, and in cases where such devices cannot conform to height, area or other standards of Chapter 415
|
None
|
Refuse dump or land fill
|
Residential districts, "C-2A," "MS1," "MS2"
|
Reservoirs — underground
|
None
|
Sewage pumping stations
|
None
|
Water tanks
|
None
|
B. In addition, temporary use of land or building for a use that is
not otherwise permitted for that premises provided such temporary
use shall conform to the following conditions:
1.
The use is temporary in nature and will not require major change
or addition to an existing building or structure.
2.
The use will not be offensive or damaging to surrounding properties
by way of noise, traffic generation, commotion, storage of materials
or equipment, or visual effects which are in contrast to and not in
harmony with the surrounding neighborhood.
3.
The use can readily be terminated and any equipment, appurtenances
and materials removed immediately upon expiration or repeal of the
special use permit.
4.
No special use permit for a temporary use shall be valid for
more than six (6) months but may be renewed by the same process as
the original special use permit.
C. The Planning Commission and City Council may designate such other
uses as appropriate for a special use permit upon a finding that the
use is appropriate in a certain location but is not listed as allowed
in any district or is only allowed in a district which contains other
uses inappropriate in this subject location.
[Ord. No. 1091 §§1 —
3(App. A §445.190), 9-24-2003; Ord. No. 1124 §27, 8-25-2004; Ord. No. 1565, 12-21-2022]
A. The procedure for applying for and approving a special use permit shall be as provided in Sections
440.010 through
440.140.
B. In considering any application for a special use permit, the Planning Commission and City Council may give consideration to the criteria listed in Section
440.140(E) to the extent they are pertinent to the particular application.
C. Special
uses may be approved by action of the City Council after recommendation
from the Planning Commission. Special uses may be approved with conditions,
including, but not limited to, the following:
1. Requirements for special yards, open spaces, density, buffers, fences,
walls and screening.
2. The installation of landscaping and maintenance.
3. Provisions for erosion control.
4. Limitations on ingress and egress movements into and out of the site
and traffic circulation.
6. Limitation on hours of operation and other characteristics of operation.
7. Conditions specifically listed under the individual special use.
8. Other conditions deemed necessary to ensure compatibility with surrounding
land uses.
[Ord. No. 1007 §16-220.04, 1-24-2001; Ord. No. 1045 §16-220.04, 8-14-2002; Ord. No. 1091 §§1 — 3(App. A §445.210), 9-24-2003; Ord. No. 1124 §28, 8-25-2004; Ord. No. 1565, 12-21-2022]
Special use permits may be for a specified period of time or continual except as provided in Section
445.230.
[Ord. No. 1007 §16-220.05, 1-24-2001; Ord. No. 1045 §16-220.05, 8-14-2002; Ord. No. 1091 §§1 — 3(App. A §445.220), 9-24-2003; Ord.
No. 1565, 12-21-2022]
Special use permits generally run with the use of the property,
however, in certain instances, conditions may be added providing that
the permit is valid only for a particular user or tenant. In such
cases, said requirement must be clearly spelled out in the motion
for approval.
[Ord. No. 1091 §§1 —
3(App. A §445.230), 9-24-2003; Ord. No. 1565, 12-21-2022]
A. If
a use allowed by a special use permit is discontinued by a period
of time of more than six (6) months, then the special use permit shall
expire.
B. Revocation
Of Special Use Permits. Any special use permit granted under the authority
of this Chapter is subject to revocation for any or all of the following
reasons:
1. Non-compliance with any applicable requirement set forth in Section
445.190.
2. Non-compliance with any special conditions imposed at the time of
approval of the special use permit.
3. Violation of any provisions of the Code pertaining to the use of
the land, construction or uses of buildings or structures or activities
conducted on the premises by the permittee or agents of the permittee.
4. Where conditions in the neighborhood have changed to the extent that
approval of the permit would be clearly unwarranted if being applied
for at the time of revocation.
5. Violation of any other applicable Code provisions or any State or
Federal law or regulation by the permittee or agents of the permittee,
provided that such violations relate to the conduct or activity authorized
by the special use permit or the qualifications of the permittee or
its agents to engage in such conduct or activity.
C. Procedure
For Revocation.
1. Revocation proceedings may be initiated by a majority vote of the
Governing Body.
2. Unless the permittee and landowner agree, in writing, that the permit
may be revoked, the Governing Body shall hold a public hearing to
consider the revocation of the special use permit.
3. The City shall give the permittee and landowner notice of the scheduled
revocation hearing at least five (5) days prior to the date scheduled
for such hearing. If the permittee and landowner are present at the
meeting of the Governing Body at which the revocation proceedings
are initiated, no further notice shall be required; otherwise, notice
shall be given by personal service or certified mail, return receipt
requested. If the notice cannot be delivered or is not accepted, notice
may be given by publishing a notice of hearing in the official City
newspaper and by posting a notice of hearing on the property at least
five (5) days prior to the date scheduled for the hearing.
4. At the hearing, City staff shall present the evidence known to the
City which may justify revocation of the special use permit. Testimony
may be presented by members of the City staff, Planning Commission
or Governing Body, or by such other witnesses as may be called. Following
the presentation of evidence, any person having relevant evidence
may present such evidence to the Governing Body. The permittee, landowner
or their attorney may pose questions to any person giving evidence
under such conditions as may be imposed by the Mayor or Presiding
Officer. Following the presentation of evidence by the City and any
other persons, the permittee and landowner shall be entitled to present
evidence or testimony of witnesses. Members of the Governing Body
and City staff shall be allowed to pose questions to the permittee,
landowner and any witnesses called on their behalf. Following the
receipt of their evidence, the public hearing shall be closed. After
closing the public hearing, the Governing Body may hear closing statements
from the City staff and the permittee and landowner or their attorney.
The Governing Body may render its decision following such closing
statements or may take the matter under advisement.
5. No special use permit shall be revoked unless a majority of the Governing Body is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. In addition, where the basis for revocation is "changed conditions" pursuant to Subsection
(B)(4) of this Section, revocation may only occur upon an explicit finding that revocation is necessary for the protection of the public health, safety and welfare. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law at the discretion of the Governing Body.
6. An appeal of any decision of the Governing Body to revoke a special
use permit may be filed in the District Court of Johnson County, Kansas.
Any appeal taken shall not suspend the order of revocation during
the pendency of the appeal unless so ordered by the District Court.