[R.O. 2011 §400.230; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §2, 5-15-2007]
A.
This Section sets out the required review procedures and review criteria for special use permit applications.
1.
Post-application conference. After submitting a special use permit application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference.
[Ord. No. 1671, 7-16-2019]
2.
Application submittal requirements. All special use permit applications shall include the following:
a.
A completed application form.
c.
Legal description of the subject property.
d.
[1]Description of the proposal.
[1]
Editor’s Note: Former Subsection (A)(2)(d), which required all special use permit applications to include a map showing all surrounding land within 185 feet, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(2)(e) through (h) as Subsection (A)(2)(d) through (g), respectively.
e.
Copies of tax certificates from the County.
f.
Proof of ownership or control of the property or permission from the property owner.
g.
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
3.
Review and report — Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed special use permit in light of the review criteria set forth in Section 400.180(Q), Review Criteria for Considering Applications. The Director shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
[Ord. No. 1671, 7-16-2019]
4.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed special use permit within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on special use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or time frames upon the premises benefited by the special use permit as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose and intent of this Chapter, so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use.
5.
Review and action — Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed special use permit within thirty (30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed special use permit within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the special use permit.
6.
Conditions for approval. Special use permits may be approved with conditions, safeguards, restrictions or time frames including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, 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; requirements of periodic review; time limits on the validity of the permit; and other conditions deemed necessary to ensure compatibility with surrounding land uses.
7.
Review criteria. In reviewing all special use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications.
8.
Protest petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposal or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the subject property. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a special use permit shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.
9.
Expiration. Approval of a special use permit shall expire and the special use permit shall be null and void should any of the following circumstances occur:
a.
A building permit to effectuate the special use is not obtained within twelve (12) months from the date of approval.
b.
If a building permit is not required, substantial evidence of the use is not filed with the Director of Community Development or their designees within twelve (12) months from the date of approval.
[Ord. No. 1671, 7-16-2019]
c.
The approved special use ceases operation for a period of twelve (12) consecutive months. The twelve-month time period may be extended by up to six (6) months if the applicant submits a written request to the Director of Community Development or their designees for extension prior to the expiration of approval.
[Ord. No. 1671, 7-16-2019]
d.
The approved use changes site location.
10.
Revocation. If there is a violation of, or non-conformance with, any of the terms of approval, the special use permit shall be subject to revocation by resolution of the Board of Aldermen after a public hearing is held.
11.
Vesting of rights.
a.
The mere issuance of a special use permit gives no vested rights to the permit holder.
b.
A right to continue a specially permitted use shall vest only if the project is constructed and the use actually started.
c.
The right to continue a special use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the special use permit, provided all conditions of said approval continue to be met.
12.
Amendments. The procedure for amending a special use permit shall be the same as required for the original approval.