(A) 
Compatibility considerations.
The City Council and the Planning & Zoning Commission in considering any request for Specific Use Permit shall only approve such request after they have determined that the use or uses allowed will not be detrimental to the adjacent properties or to the City as a whole.
The Director, City Council and the Planning & Zoning Commission may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings.
The City Council when establishing a Specific Use Permit, and the Planning & Zoning Commission when making a recommendation concerning a Specific Use Permit, shall establish conditions and regulations, in addition to those of the base zoning district, necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the City. In addition, the use shall be in general conformance with the Comprehensive Plan and general objectives of the City. These conditions may include but are not limited to:
(1) 
Paving of streets, alleys, and sidewalks,
(2) 
Means of ingress and egress to public streets,
(3) 
Provisions for drainage,
(4) 
Adequate off-street parking,
(5) 
Protective screening, landscaping, and open space,
(6) 
Area or security lighting,
(7) 
The locations and heights of structures,
(8) 
Architectural compatibility of buildings,
(9) 
Intensity of the use, and
(10) 
Adequate traffic circulation required to contain all stacking activity on the site.
(B) 
Imposed conditions for approval.
(1) 
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.
(2) 
Any special conditions shall be set forth in writing in the ordinance granting the SUP.
(C) 
Compliance mandatory with written requirements.
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 Preliminary Site Plan or Site Plan drawing(s) and approved by the Planning & Zoning Commission and City Council.
(D) 
Timing.
(1) 
If required, a building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that the City Council may authorize an extension of this time upon recommendation by the Planning & Zoning Commission and City Council may review the Site Plan for continued validity.
(2) 
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.
(E) 
Enlargement, modification, or structural alternation.
(1) 
A building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:
a. 
Increase the height of structures;
b. 
Increase building square footage from its size at the time the original Specific Use Permit was granted by greater than ten (10) percent;
c. 
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the City's Thoroughfare Plan; or
d. 
Reduce the amount of open space as indicated on the previously approved zoning exhibit.
(2) 
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new Specific Use Permit.
(F) 
Board of Adjustment exclusion.
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.
(G) 
Zoning Map.
(1) 
When the City Council authorized granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an "S" designation.
(2) 
Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map.
(3) 
Subsection 9.03 Specific Use Permits of this Ordinance shall list by the numerical designate each SUP and the conditions of approval.
(4) 
Specific Use Permits are issued to the property.
(H) 
Amend, change, or rescind a specific use permit.
Upon holding a properly notified public hearing, the City Council may amend, change, or rescind a Specific Use Permit after recommendation by the Planning & Zoning Commission if:
(1) 
There is a violation and conviction of any of the provisions of this ordinance or any ordinance of the City that occurs on the property for which the Specific Use Permit is granted;
(2) 
The building, premise, or land uses under a Specific Use Permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate Specific Use Permit for such enlargement, modification, structural alteration, or change;
(3) 
Violation of any provision of the terms or conditions of a Specific Use Permit;
(4) 
Ad valorem taxes on the property are delinquent by more than six (6) months;
(5) 
The Specific Use Permit was obtained by fraud or with deception; or
(6) 
The advertisement of a zoning change or Specific Use Permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
(I) 
New commercial antennas and antenna support structures.
(1) 
A provider area coverage map shall be submitted to demonstrate that an existing commercial antenna or antenna support structure cannot accommodate the applicant's proposed antenna. No new commercial antennas or antenna support structures shall be permitted unless the applicant demonstrates that existing antenna support structures in the relevant coverage area cannot accommodate the applicant's proposed antenna. In addition, the applicant shall demonstrate each of the following:
a. 
Existing commercial antennas and antenna support structures located within the relevant coverage area do not meet the applicant's reasonable engineering requirements;
b. 
Existing commercial antennas and antenna support structures located within the relevant coverage area are not of a sufficient height to meet the applicant's reasonable engineering requirements; and
c. 
Existing commercial antennas and antenna support structures located within the relevant coverage area do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)