15-100 Generally.

A specific use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zoning district, but may not be allowed under the general conditions of the zoning district as stated in this chapter.

15-101 Specific use permits.

(A)

Permit required.

(1)

No specific use shall be established, operated, or maintained except as authorized by a specific use permit issued in accordance with the requirements of this section.

(2)

A specific use permit may be issued only for the specific uses specified in this chapter, and only for the district where it is authorized. A specific use permit may be issued by the city commission after a public hearing and a recommendation on the proposed permit from the planning and zoning commission.

(B)

Application. An application for a specific use permit shall be made in writing in a form prescribed by the city and shall be accompanied by such information as may be requested (including a site plan, if required) in order to properly review the proposed permit. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data. The applicant, or its representative, for a specific use permit shall attend all public hearings during which his application will be discussed.

(C)

Notice—Public hearings required.

(1)

Public hearings shall be held by the appropriate approving body on each original application for a specific use permit. A public hearing may be held for permit applications or renewals when requested by the building inspector or a neighbor of the applicant. The public hearings for permits may be a joint public hearing of the planning and zoning commission and the city commission. The applicant must be present during all public hearings regarding his application.

(2)

When required, written notice of such hearing shall be given to the owners of all real property located within two hundred (200) feet in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at his address shown on the last approved city tax roll, with postage pre-paid.

(3)

Such notice shall state the purpose, date, time, and place of the hearing and shall contain a brief description of the proposed permit, including its nature, scope, and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date.

(D)

Review and recommendation by the planning and zoning commission.

(1)

The commission shall review all applications for specific use permits and shall not recommend approval of an application unless it finds that the proposed permit as presented or as modified by the commission, complies with each of the general and applicable specific criteria.

(2)

Reserved.

(3)

A recommendation of an approval may be conditioned on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria.

(4)

The commission shall forward its findings and recommendations to the city commission.

(5)

The city commission shall review applications for specific use permits at a public hearing after receiving findings and a recommendation from the planning and zoning commission.

(E)

Review and action. The city commission shall not grant a specific use permit unless it finds that the proposed specific use, as presented or as modified by the council, complies with each of the applicable general and specific criteria for the zoning district; otherwise it shall deny the application.

15-102 General criteria applicable to all specific uses.

A proposed specific use permit must comply with all the following criteria:

(A)

The appearance, size, density and operating characteristics for the proposed permit are compatible with the surrounding neighborhood and uses;

(B)

The issuance of the proposed permit will not have an adverse effect on the value of surrounding properties nor impede their proper development;

(C)

The issuance of the proposed permit will not create a nuisance nor otherwise unduly interfere with a neighbor's enjoyment of his property or operation of his business;

(D)

The traffic that the issuance of the proposed permit can reasonably be expected to generate on existing streets will not create nor add significantly to congestion, a safety hazard, or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood. A traffic impact analysis may be required by the city engineer or code official; and

(E)

The proposed permit complies with all other applicable ordinances and regulations.

15-103 General requirements for all specific uses.

(A)

Adherence to approved plans, regulations. A specific use shall be established, operated and maintained in accordance with the plans, terms, conditions, and limitations contained in the permit approved by the code official, the planning and zoning commission and/or the city commission.

(B)

Duration. Specific use permits shall be granted for a definite period of time.

(C)

Revocation. The city commission and/or the planning and zoning commission, after notice and public hearing, may revoke any specific use permit it or the code official issued, for one (1) or more of the following reasons:

(1)

A substantial violation of any of the plans, terms, conditions, and limitations applicable to the specific use;

(2)

A substantial violation of any applicable ordinance or regulation;

(3)

Operation or maintenance of the specific use in a manner that is detrimental to the public's health or safety, or so as to constitute a nuisance; and/or

(4)

Discontinuance of the use.

(D)

Lapse of permit. A specific use permit shall lapse if the use has not been commenced within two (2) years from the date the permit was issued.

(Ord. No. 13-12, § I(Exh. A), 8-5-13)