The city council by an affirmative vote after public hearing
and proper notice to all parties affected, and after recommendations
from the planning and zoning commission that the use is in general
conformance with the master plan of the city and containing such requirements
and safeguards as are necessary to protect adjoining property, shall
authorize the location of certain uses in a special district. The
application shall be accompanied by a site plan drawn to scale and
showing the general arrangement of the project. The application must
show:
(1) Off-street parking facilities.
(2) Size, height, construction materials, and locations of buildings.
(3) The uses to be permitted (per structure).
(4) Location and construction of signs.
(5) Means of ingress and egress to public streets.
(6) The type of visual screening such as walls, paintings, and fences.
(7) The relationship of the intended use to all existing properties and
land uses in all directions to a minimum distance of two hundred (200)
feet.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
12.01; Ordinance 414-97 adopted 12/16/97; Ordinance 670-13 adopted 6/11/13)
(a) 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 with and adaptable to building
structures and uses of abutting property and other property in the
vicinity, and with the requirements for the paving of streets, alleys
and sidewalks, means of ingress and egress to public streets, provisions
for drainage, adequate off-street parking, protective screening and
open space, heights of structures, and compatibility of building construction.
(b) If the applicant has not obtained a building permit within six months,
or a certificate of occupancy within one year of being granted the
permit, the specific use permit shall lapse and become invalid. In
the event the building, premises, or land uses under the specific
use permit is voluntarily vacated for a period of no less than six
(6) months, of if such building, premises, or land is more than fifty
(50) percent destroyed by fire or other cause, the use of the same
shall thereafter conform to the regulations of the original zoning
district of such property unless a new and separate specific use permit
is granted for continuation of the use.
(c) 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 building official for use of the
building on such property pursuant to such specific use permit; any
such conditions shall not be construed as the only conditions precedent
to the granting of the certificate of occupancy.
(d) No specific use permit shall be granted unless the applicant, owner,
and 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, after review and recommendation by the planning and
zoning commission, as approved by the city council. In any case where
council action differs from a recommendation provided by the planning
and zoning commission, the council action shall include rationale
for said difference.
(e) No building, premises, 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. Any enlargement,
modification, structural alteration, revision to operating conditions,
or other change shall be documented in appropriate revisions to the
site plan.
(f) The applicant is required to display a copy of the specific use permit
and certificate of occupancy in a location on the premises capable
of being viewed by the public.
(g) The city council, in its determination that a specific use permit be granted, shall set additional conditions to those specifically enumerated in subsection
(a) above, as it may deem in the best interest of the community. Information associated with a planned development district (article 14.10) may be drawn upon as guidance to the planning and zoning commission and city council. An approved specific use permit shall be effective for ninety (90) days to two (2) years following date of issuance.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
12.02; Ordinance 414-97 adopted 12/16/97; Ordinance 670-13 adopted 6/11/13)
(a) The city council may issue a specific use permit with a duration
of up to ten (10) years which may be renewed for an additional ten
(10) year period if the specific use still conforms to the provisions
of this article or the permit has not otherwise been revoked or suspended.
(b) Modifications to any controls or use conditions, addition of structures,
or structural alteration to existing structures shall require application
for and approval of a new specific use permit.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
12.03; Ordinance 414-97 adopted 12/16/97; Ordinance 670-13 adopted 6/11/13)
The approvals and other information as may be necessary to maintain
appropriate controls on specific use permits shall be filed in the
office of the city administrator. The city administrator shall provide
notification to each land owner and grantee of no less than thirty
(30) days prior and no more than sixty (60) days prior to the expiration
of a specific use permit in cases where the approved term of the specific
use permit is greater than three hundred and sixty (360) days. During
the term of a specific use permit, violations of the approved (final)
site plan can place the certificate of occupancy or specific use permit
in jeopardy. The city administrator shall notify the user of any violations
of the site plan. Failure to correct these violations within thirty
(30) days of formal notification will result in the certificate of
occupancy and specific use permit being revoked. Convictions of municipal
code violations or state or local law violations related to the property
may also result in revocation of the permit.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
12.04; Ordinance 414-97 adopted 12/16/97; Ordinance 670-13 adopted 6/11/13)
In the event that the grantee of a specific use permit desires
to obtain zoning approval of a permanent nature, an application for
a PD district shall be required. (See article 14.10 of this chapter.)
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
12.05; Ordinance 414-97 adopted 12/16/97; Ordinance 670-13 adopted 6/11/13)