(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;
(2) 
Increased open space;
(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)