11.1.A
Specific Uses
The City Council by an affirmative vote may approve a Specific Use Permit for certain uses that are harmonious and adaptable to surrounding land uses. Such approval shall occur only after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the uses are in general conformance with the Comprehensive Plan, the general objectives of the City, and contain such requirements and safeguards as are necessary to protect adjoining property. The Planning and Zoning Commission and City Council shall consider the following criteria in determining the validity of the SUP request:
1.
Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2.
Are the activities requested by the applicant normally associated with the requested use?
3.
Is the nature of the use reasonable?
4.
Has any impact on the surrounding area been mitigated?
5.
Such other measures as will secure and protect the public health, safety and general welfare.
11.1.B
Specific Use Permit Regulations
1.
Application for a specific use permit may be made by any property owner or other person having a proprietary interest in the property for which a specific use permit is requested and by filing an application on forms provided by the City and paying the established fee.
2.
In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration.
3.
The Planning and Zoning Commission shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, the means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, area or security lighting, heights of structures, and compatibility of buildings.
4.
In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Chief Building Official for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the City Council prior to issuance of the certificate of occupancy.
5.
No Specific Use Permit shall be granted unless the applicant, owner or grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the site plan drawing (or drawings) and approved by the Planning and Zoning Commission and City Council.
6.
A Specific Use Permit may be granted for a specific period of time after which the Planning and Zoning Commission may inquire into the continuation of the permit and, based upon its finding, recommend its discontinuance or an extension of the time period as set forth in the ordinance establishing the Specific Use Permit.
7.
If required, a building permit shall be applied for and secured within six (6) months from the time the City Council grants the Specific Use Permit, provided however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. After six (6) months from the date of approval has elapsed, the Planning and Zoning Commission and City Council may review the site plan for continued validity. If the site plan is determined invalid, the property owner(s) must submit a new or revised site plan for approval prior to any construction or application for building permit for the area designated for the Specific Use Permit.
8.
No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alteration, or change.
9.
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
10.
When the City Council authorizes granting of a Specific Use Permit, the Specific Use Permit shall become an amendment to the Zoning Ordinance. The Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. Said amendment is to indicate the appropriate zoning district for the approved use prefixed by an “S” designation. Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map. Appendix C of this Ordinance shall list by the numerical designation each SUP and the conditions of approval.
Editor’s note–Appendix C is not printed herein.
11.1.C
Specific Use Permit Requirements
An application for a Specific Use Permit (SUP) shall be accompanied by the following:
1.
the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred feet (200');
2.
a site plan drawn to scale and showing the general arrangement of the project;
3.
off-street parking facilities;
4.
size, height, construction materials, location and relationship of buildings and uses;
5.
the location and construction of signs;
6.
the means of ingress and egress to public streets;
7.
type of visual screening such as walls, plantings and fences
8.
The Planning and Zoning Commission or City Council may require additional information, operating data, studies, analysis and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.
(Ordinance 16-65 adopted 12/6/16; Ordinance 17-41, ex. A, adopted 7/18/17; Ordinance 17-42, ex. A, adopted 7/18/17; Ordinance 17-70, ex. A, adopted 10/2/17; Ordinance 19-63 adopted 9/3/19)





