[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]
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:
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:
The use is temporary in nature and will not require major change or addition to an existing building or structure.
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.
The use can readily be terminated and any equipment, appurtenances and materials removed immediately upon expiration or repeal of the special use permit.
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.
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]
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.
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:
Requirements for special yards, open spaces, density, buffers, fences, walls and screening.
The installation of landscaping and maintenance.
Provisions for erosion control.
Limitations on ingress and egress movements into and out of the site and traffic circulation.
Limitation on signage.
Limitation on hours of operation and other characteristics of operation.
Conditions specifically listed under the individual special use.
Other conditions deemed necessary to ensure compatibility with surrounding land uses.
Editor's Note — Ord. no. 1188 §18, adopted December 14, 2005, repealed section 445.200 "short-term special use permits". Former section 445.200 derived from ord. no. 1007 §16-220.03, 1-24-01; ord. no. 1045 § 16-220.03, 8-14-02; ord. no. 1091 §§1 — 3(app. a §445.200), 9-24-03. A new chapter 611 "temporary event permit" was enacted by ord. no. 1187 §1, 12-14-05.
[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]
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]
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]
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.
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:
Non-compliance with any special conditions imposed at the time of approval of the special use permit.
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.
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.
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.
Procedure For Revocation.
Revocation proceedings may be initiated by a majority vote of the Governing Body.
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.
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.
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.
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.
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.