(a)
A specific use permit allows uses compatible with other permitted
uses, provided the uses meet the specific criteria established by
the city under this section.
(b)
The city council may authorize the granting of a specific use
permit, by an affirmative vote, after notice to all parties affected
and a public hearing, in accordance with state law, and after recommendation
from the planning and zoning commission that the use is in general
conformance with the comprehensive plan of the city and containing
such requirements and safeguards as are necessary to protect adjoining
property.
(c)
Specific use permits shall not be used to legalize nonconforming
structures or uses, and shall not be used when a variance, deviation,
waiver or minor modification could be used to achieve the same result.
(d)
A development plan shall be submitted concurrently with the
application for a specific use permit. However, development plans
will not be approved until the specific use permit is approved by
the city council. Approval of the specific use permit does not constitute
approval of a development plan.
(e)
Uses permitted by a specific use permit shall not be enlarged
or substantially modified, structurally altered, or otherwise significantly
changed without an amendment to the specific use permit. Amendment
to a specific use permit requires the same processes and procedures
as an original specific use permit application, specifically, public
notice and hearing. Minor changes or alterations or changes that do
not alter the basic relationship of the proposed development to adjacent
property or expand the use into other portions of the building or
property and may be approved by the development services director.
Changes or alterations that change the uses permitted, increase the
density, building height, coverage of the site, off-street parking
ratio, or area regulations are not minor changes and must be considered
through the amendment process.
(f)
All recommendations made by the city planning and zoning commission
to the city council shall be considered advisory in nature and shall
not be binding upon the governing body; the city council shall have
the sole and final authority to grant or deny any request for specific
use permits.
(g)
The board of adjustment does not have authority to hear an appeal
or act on an application for a specific use permit.
(h)
A specific use permit may be granted for those uses indicated by "S" in the schedule of uses chart in section 14.03.801(e).
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance
2024-03-00998 adopted 3/21/2024)
(a)
Any individual, partnership, corporation, or group of persons
having a proprietary interest in any property, upon proof of such,
may file an application with the planning and zoning commission for
a specific use permit.
(b)
The application for a specific use permit shall be accompanied
by a development plan and site plan, as applicable. The city shall
make available application forms specifying application requirements.
The application shall include:
(1)
A site plan that includes the dimensions, bearings, and street
frontage of the property;
(2)
The location of buildings, structures, and uses;
(3)
The method of ingress and egress;
(4)
Off-street parking and loading requirements, as applicable;
(5)
Screening, lighting, and landscaping, as applicable;
(6)
A traffic impact analysis if the development services director
determines that the analysis is necessary;
(7)
Any other information the development services director, planning
and zoning commission or city council determines necessary for a complete
review of the proposed development which may include, but is not limited
to additional information or drawings, operating data, expert evaluation,
or testimony concerning the location, function, or characteristics
of any building or proposed use.
(c)
The planning and zoning commission shall provide notice and hold a public hearing in accordance with section 14.02.063.
(d)
Following the public hearing by the planning and zoning commission,
the commission shall make a recommendation for the city council at
the properly noticed public hearing, where the council shall consider
the granting or denial of the specific use permit.
(e)
In recommending that a specific use permit be granted, the planning
and zoning commission and city council shall determine that such uses
are compatible with the building structures and uses of abutting property
and other property in the vicinity of the premises under consideration
and shall make recommendations for conditions and requirements to
be included in the specific use permit. In approving the requested
specific use permit, the planning and zoning commission and city council
may consider the following:
(1)
Whether the use is compatible with surrounding existing uses
or proposed uses;
(2)
Whether the use requests by the applicant are normally associated
with the permitted uses in the base district;
(3)
Whether the nature of the use is reasonable;
(4)
Whether any negative impact on the surrounding area has been
mitigated;
(5)
Any additional conditions specified to ensure that the intent
of the district purposes is being upheld.
(f)
The conditions and requirements approved by the council shall
be set forth in the ordinance granting the specific use permit, including,
but not limited to, attached site plan drawings and other depictions
of design and use elements.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance
2024-03-00998 adopted 3/21/2024)
(a)
Each specific use permit granted under the provisions of this
chapter shall be considered as an amendment to the comprehensive zoning
regulations applicable to such property. When the city council authorizes
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, said amendment to indicate the specific use by an
"S" designation.
(b)
In granting any specific use permit, the city council may impose
conditions and requirements as necessary and which shall be complied
with by the grantee before any building permit is issued and as an
ongoing requirement to retain a certificate of occupancy.
(c)
A building permit shall be obtained from the city not later
than six (6) months after the effective date of the ordinance granting
the specific use permit if new construction is required to comply
with the specific use permit, provided however, the director of development
services may authorize one extension not to exceed six (6) months.
(d)
If the planning and zoning commission denies an application
for a specific use permit, the application will not be considered
by the city council unless the applicant requests the application
be forwarded to the city council within ten (10) days of the planning
and zoning commission denial of the application. If the applicant
timely requests the application for specific use permit be forwarded
to the city council, approval of the specific use permit by the city
council shall require the affirmative vote of seventy-five percent
(75%) of the city council.
(e)
Following the denial of a specific use permit, no new application
for the same or a substantially similar request shall be accepted
within one year of the date of denial unless it is determined by the
development services director there has been a substantial change
in the area or in the request in which the specific use permit has
been requested.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance
2024-03-00998 adopted 3/21/2024)
(a)
A specific use permit shall expire if a required building permit
has not been issued within the time required in this section, or if
a building permit has been issued but has subsequently expired. If
a building permit is not required, the specific use permit shall expire
six (6) months after the effective date of the ordinance granting
the specific use permit if a certificate of occupancy is not obtained.
If the specific use permit expires in accordance with this section,
the property shall conform to the regulations of the original zoning
district of such property.
(b)
A specific use permit shall terminate if the property for which
the specific use permit was issued is vacant, or the building or property,
though still occupied, is not being used for the purpose for which
the specific use permit was granted for a period of six (6) months.
The development services director may grant one six (6) month extension
upon written request by the owner of the property. Such written request
shall be filed with the development services director no later than
one hundred fifty (150) days after the onset of the vacancy. If the
specific use permit terminates in accordance with this section, the
property shall conform to the regulations of the original zoning district
of such property.
(c)
A specific use permit may be revoked if the owner fails to meet
the conditions and requirements set out in the ordinance granting
the specific use permit. Revocation of a specific use permit may be
recommended by the planning and zoning commission to the city council
after proper notice and public hearing. After proper notice and public
hearing, the city council may consider the planning and zoning commission's
recommendation for revocation of a specific use permit. If the specific
use permit is revoked in accordance with this section, the property
shall conform to the regulations of the original zoning district of
such property.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance
2024-03-00998 adopted 3/21/2024)
