(a)
Special use permits are intended to allow for certain uses that are not permitted in a particular zoning district by right, but which may be permitted under certain circumstances and application of certain conditions. Such special uses shall be permitted through the issuance of a special use permit (SUP).
(b)
The special use is granted only at the location SUP is assigned to and is limited to that which is specifically described in the special use permit application, as amended and approved by the planning and zoning commission and the city council.
(c)
The permit must be started within six months of the date approved by city council or the permit becomes null and void and the applicant must reapply for the special use, thereby starting the process over in its entirety, including cost. If a special use permit is abandoned for more than a year, the permit becomes null and void and the property shall revert to the original zoning designation.
(d)
Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance and zoning map as applicable to such property and shall be adopted as a separate ordinance. In granting such permit, the city council may impose such conditions as may be necessary to promote and protect the public health, safety, order, morals, convenience, prosperity and general welfare. Said conditions shall be complied with by the grantee before a certificate of occupancy may be issued.
(e)
Any changes to a special use shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.
(f)
The building official or designee shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the building official or designee determines that the requirements and conditions are being violated, a written notice shall be issued to the owner and tenant/renter of the property outlining the nature of the violation and giving the owner and tenant/renter of the property a maximum of 30 days to come into compliance. If after 30 days the violations continue to exist, then the building official or designee shall forward a report to the city council through the planning and zoning commission which may recommend that action be taken to remove the special use permit from the property and refusal to issue or revoke the certificate of occupancy. Any violations are also subject to criminal and civil penalties.
(Ordinance 2023-06 adopted 2/27/2023)