(A) Purpose.
The purpose of a Specific Use Provision (SUP) is to allow the
establishment of uses which may be suitable only in certain locations
in a zoning district or only when subject to standards and conditions
that assure compatibility with other uses in the vicinity. Specific
uses are those uses which are generally compatible with the allowed
land uses in a given zoning district, but which require individual
review of their proposed location, design and configuration, and the
imposition of conditions in order to ensure the appropriateness of
the use.
(B) Applicability.
A Specific Use Provision is required to use or develop property
within the City limits for any use designated as a specific use in
the
Land Use Matrix in Article 5 of this Chapter
2 for the zoning district in which the property is located. The Specific Use Provision application may be accompanied by a Concept Plan prepared in accordance with requirements set forth in the Development Application Packet, as may be amended from time-to-time.
(C) Effect.
Approval of a Specific Use Provision authorizes the use or development
of the property in accordance with the conditions of the SUP adopting
ordinance. Approval of a Specific Use Provision authorizes only the
particular use for which the SUP is issued and applies only to the
property for which the SUP is issued. A Specific Use Provision does
not alter a zoning district classification except by allowing a particular
use, subject to conditions and regulations in addition to those of
the base zoning district as the Plan Commission and City Council may
determine necessary. Unless approved by the Planning Director, no
conditionally allowed use may be enlarged, extended, increased in
intensity, or relocated unless an application is made for a new Specific
Use Provision in accordance with the procedures set forth in this
Section. Initiation or development of the use is not authorized until
the applicant has secured all the permits and approvals required by
this GDC.
(D) Appurtenant
to the Land.
Prior to the adoption of this GDC, the City
Council approved certain land uses through the granting of Specific
Use Provisions that were expressly tied to individuals, such as the
applicant, a landowner, or employees of a business conducting operations
on a subject property. All Specific Use Provisions, including any
SUP approved prior to the adoption of this GDC, are hereby considered
to be appurtenant to the land rather than the landowner.
(Ordinance 6773 adopted 5/19/15; Ordinance 6945 adopted 12/12/17; Ordinance 7524 adopted 4/16/2024)
(A) Specific
Use Permits Approved Prior to the Adoption of the GDC.
Prior to adoption of this GDC, the City Council previously established
various Specific Use Permits, some of which are to be continued in
full force and effect unless they have expired or will expire. The
Specific Use Permits that are to be continued are shown on the Zoning
Map. Any and all conditions, restrictions, regulations and requirements
which apply to the respective Specific Use Permits also remain in
full effect after the adoption of this GDC. Any changes to a previously
approved Specific Use Permit require submission and approval of a
change of zoning application to amend the previously approved Specific
Use Permit ordinance in accordance with the standards contained within
this GDC.
(B) List
of Specific Use Provisions Approved After Adoption of the GDC.
All Specific Use Provisions approved in accordance with the
provisions of this GDC, as may be amended, are sequentially numbered
and are referenced on a listing maintained and available in the Planning
Department.
(Ordinance 6773 adopted 5/19/15)
(A) Responsible
Official.
The Planning Director is the responsible official
for processing a Specific Use Provision application.
(B) Concept
Plan.
A Concept Plan may be required as part of an SUP
application. The requirements for the format and content of a Concept
Plan must be in compliance with the requirements in the Development
Application Packet, as may be amended from time-to-time.
The Concept Plan may be incorporated into the regulations of the SUP
ordinance and must be construed in conjunction with the authorized
uses and development standards, if any, set forth in the SUP ordinance.
(C) Contents
of Application for SUP.
Detailed requirements for the
format and contents of an application for an SUP must be in accordance
with requirements in the Development Application Packet, as may be amended from time to time.
(Ordinance 6773 adopted 5/19/15; Ordinance
7524 adopted 4/16/2024)
Hearing, Notification and Approval Process. The establishment of an SUP is a zoning process; therefore, the approval process for an SUP ordinance is the same process set forth for a change of zoning in Article 2, Division
1 of this Chapter
2.
(Ordinance 6773 adopted 5/19/15)
(A) Factors.
When considering an application for a Specific Use Provision,
the Plan Commission must evaluate the impact of the proposed specific
use on, and its compatibility with, surrounding properties and residential
areas to ensure the appropriateness of the use at the particular location,
and is to consider the extent to which:
(1) The
proposed use at the specified location is consistent with City policies,
including the adopted Comprehensive Plan;
(2) The
proposed use is consistent with the general purpose and intent of
the applicable zoning district regulations;
(3) The
proposed use is compatible with, and preserves or enhances, the character
and integrity of adjacent developments and neighborhoods, and includes
improvements either on-site or within the public rights-of-way to
mitigate development-related adverse impacts, such as traffic, noise,
odors, visual nuisances or other similar adverse effects to adjacent
development and neighborhoods;
(4) The
proposed use does not generate pedestrian and vehicular traffic that
will be hazardous or conflict with the existing and anticipated traffic
in the neighborhood;
(5) The
proposed use incorporates existing private drives, roadway alignments,
or other traffic efficiency or safety measures as may be needed to
reduce or eliminate development-generated traffic on neighborhood
streets (as may be determined by the Transportation Department);
(6) The
proposed use incorporates features to minimize adverse effects, including
visual impacts, of the proposed specific use on adjacent properties;
and
(7) The
proposed use meets the development standards and any other such similar
requirements for the zoning district; or, to the extent variations
from such standards have been requested, that such variations are
necessary to render the use compatible with adjoining development
and the neighborhood.
(B) Conditions.
The Plan Commission and City Council may attach conditions to
the Specific Use Provision to mitigate adverse effects of the proposed
use and to carry out the intent of this Section. Conditions may include
any, or a combination, of the following:
(1) Limitation
of building size or height;
(3) Limitations
on impervious surfaces;
(4) Enhanced
loading and parking requirements;
(5) Additional
landscaping, sidewalk, screening, vehicular access and parking improvements;
(6) Placement
or orientation of buildings and entryways;
(7) Buffer
yards, landscaping and screening;
(8) Signage
restrictions and design;
(9) Limitation
on operation or function of proposed use (for example, hours of operation);
(10) Limitation on the effective time period for an SUP; or
(11) Any other criteria to safeguard and protect public health, safety,
and welfare.
(C) Information.
The City Council and Plan Commission may require plans, information,
operational data, and expert evaluation concerning the location, function,
and characteristics of uses or structures proposed as part of the
SUP application.
(D) Revocation.
(1) The City Council may revoke any SUP approval after the applicant has failed to comply with any of the applicable requirements of this Chapter
2, other applicable sections of the GDC, the City Code, state or federal law, conditions of the SUP approval, or if one or more of the following conditions apply:
(a) The specific use is not constructed in conformance with the approved
plans or the property is not being used in conformance with the approved
SUP;
(b) Compliance with the SUP and any of its conditions has not been consistently
demonstrated and attempts to secure compliance have been unsuccessful;
or
(c) The SUP was issued erroneously on the basis of incorrect or misleading
information given by the applicant.
(2) Upon
recommendation of revocation by the Planning Director, the Plan Commission
must conduct a public hearing, at which an applicant will be provided
an opportunity to present information and to answer any questions
in regard to the recommended revocation.
(3) City staff has the burden of proof to demonstrate that the applicant has failed to comply with any of the applicable requirements of this Chapter
2, other applicable sections of the GDC, state or federal law, conditions of the SUP approval, or that at least one of the aforementioned Subsection (D)(1) conditions apply.
(4) The
Plan Commission must make a recommendation to the City Council to
revoke the SUP if it finds that a violation exists and has not been
remedied.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 16, adopted 12/3/19)