[R.O. 2008 §405.380; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5166 §1, 9-13-1993]
A.
The
development and administration of the Zoning Ordinance is based on
the division of the City into districts, within any one of which the
use of land and buildings and the bulk and location of buildings or
structures, as related to land, are essentially uniform. It is recognized,
however, that there are special uses which, because of their unique
character, cannot be properly classified in any particular district
or districts without consideration, in each case, of the impact of
those uses upon neighboring lands and upon the public need for the
particular use or the particular location. Such special uses fall
into three categories:
1.
Uses operated by a public agency or public-regulated utilities, or
uses traditionally affected with a public interest.
2.
Uses entirely private in character, but of such a nature that the
operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities.
3.
Uses which are of a short duration and short range impact on the
community.
B.
Procedure. The approval of a special use permit shall require
the same procedure as the rezoning of land, including published notice,
public hearing, advisory decision of the Planning and Zoning Commission
and final passage by the City Council. Final action shall be by resolution
of the Council.
C.
Applicability Of permit. A special permit granted under
this Article is a permit issued to the individual applying for the
special use. As such, said permit shall not run with the property,
but shall be personal unto the applicant. Any applicant shall not
have the right to assign, transfer, barter or sell said Special Use
Permit and said Special Use Permit shall terminate upon any transfer
of the property by the applicant including by sale or lease.
D.
Period Of Validity.
1.
No special use permit granted by the City Council shall be valid
for a period longer than one (1) year from the date of granting of
the special use permit, unless within such period:
2.
The City Council may, upon written request of the applicant, grant
extensions not exceeding one hundred eighty (180) days each, without
notice of hearing.
[R.O. 2008 §405.385; Ord. No. 6584 §1, 9-15-2003]
A.
All
applications for a special use permit shall be made by written application
to the Administrative Secretary, Public Works, on forms provided therefor.
Unless the application shall conform in all respects to the requirements
of this Chapter, it shall not be accepted by the Administrative Secretary,
Public Works.
B.
Information Required. An application for a special use permit
shall contain the following information:
1.
Plot plan of the property affected by the proposed special use permit,
drawn to a scale of not smaller than one (1) inch equals fifty (50)
feet, and indicating thereon the dimensions of the property, the dimensions
and locations of any buildings or structures, driveway access to public
rights-of-way, on-site drives, and off-street parking areas located
thereon and all public and private rights-of-way including utility
easements bounding or intersecting the property;
2.
List of the names and current mailing address of owners, together
with the street address and legal description of all property (exclusive
of streets and alleys) within a one hundred eighty-five (185) feet
distance from the boundary of the property affected by the proposed
special use permit. This list shall be prepared and certified by a
qualified abstractor;
3.
Present zoning classification and use of the property affected by
the special use permit;
4.
Requested special use and desired use of the property affected by
the special use permit; and
5.
Justification for the special use requested.
C.
Application Fee. The application shall be accompanied by
a filing fee based on the area of property for which the special use
permit is requested, computed as follows:
|
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For the first 10,000 square feet per each 1,000 square feet
or fraction thereof
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$125.00
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D.
Postage Fee. In addition to the non-refundable application fee described above, the application shall also be accompanied by a non-refundable postage fee which shall be computed by the Administrative Secretary, Public Works, by multiplying the number of certified mailings required to landowners within a one hundred eighty-five (185) feet distance from the boundary of the property affected by the proposed special use permit by the then-applicable postage rates for such certified mail. The number of mailings shall be computed based upon the information provided in accordance with Subsection (B), above.
E.
Time Of Application. The Administrative Secretary, Public
Works, shall note the date of filing of the application.
[R.O. 2008 §405.390; Ord. No. 4984 §1, 6-10-1991]
A.
No
special use shall be granted unless the use:
1.
Is deemed necessary for the public convenience at that location.
2.
Is so designed, located, and proposed to be operated that public
health, safety, and welfare will be protected.
3.
Will not cause substantial injury to the value of other property
in the neighborhood in which it is located.
4.
Will comply with the height and area regulations of the districts
in which it is located unless specifically granted otherwise.
[R.O. 2008 §405.400; Ord. No. 4984 §1, 6-10-1991]
The Planning and Zoning Commission may recommend, and the City
Council may provide, such conditions and restrictions upon the construction,
location, and operation of a special use including time limit, provisions
for off-street parking and loading and other conditions as may be
deemed necessary to promote the general objectives of this Title and
to minimize any injury to the value of property in the neighborhood.
Failure to maintain such conditions or restrictions as may have been
imposed shall constitute grounds for revocation of the permit for
such special use.
[R.O. 2008 §405.420; Ord. No. 4984 §1, 6-10-1991]
A.
The
City Council may authorize the issuance of a Short Term Special Use
Permit for the use of a specific tract, parcel or section of the City
for such temporary short term uses as:
B.
Such
activities may be of a non-profit, profit making, civic or public
agency nature and may be on private or public property. A short-term
special use permit may be approved by the City Council upon public
hearing and without referral to the Planning and Zoning Commission
provided the following criteria are met:
The applicant shall submit in written form a complete description
of the proposed activity, hours of operation, ability to accommodate
fire and police services and access, need for special protection and
other characteristics that may affect the public safety, convenience
and welfare.
C.
In
the case of a public street or sidewalk, care shall be exercised in
maintaining safe and convenient circulation for both vehicular and
pedestrian traffic.
D.
A short
term Special Use Permit shall not exceed seven (7) calendar days.
