(a)

The city council, after a public hearing and recommendation by the planning and zoning commission, and after conducting a public hearing as is required in accordance with the provisions of this section, may authorize for specific parcels of land, the issuance of a specific use permit.

(b)

The uses listed in the specific use list are so clarified because of the size of the land they require or the specialized nature of the use, or they may more intensely dominate the area in which they are located, or their effects on the general public are broader in scope than other types of uses permitted in the district.

(c)

The designation of a specific use permit as possible on the specific use list does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be valued as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

(Code 2009, § 52-501; Ord. No. 405, § 1, 12-18-2018; Ord. No. 405(Amd.), § 1, 3-15-2019; Ord. No. 405-2, § 1, 8-20-2019)

(a)

Plans and data to be submitted. Prior to submission of a request for a specific use permit, the city clerk/treasurer may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the city council relative to any application for a specific use permit, the planning and zoning commission will establish the requirements necessary for consideration of the application. The city council shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The planning and zoning commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.

(b)

Planning and zoning commission requirements. The planning and zoning commission may recommend to the city council that certain safeguards and conditions concerning bonding, insurance, setbacks, ingress and egress, off-street parking and loading arrangements and location or construction of buildings and uses and operation be required. If the planning and zoning commission fails to review and make a recommendation within 45 days from the date the application is accepted for processing, the city council can take action on the application.

(c)

City council requirements. The city council may, in the interest of the public welfare and to ensure compliance with the intent of this chapter and the city comprehensive plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The city council may impose conditions, including, but not limited to, bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.

(d)

Site plans. A site plan (plot plan) setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the specific use.

(e)

Designation of zoning map. A specific use permit approved under the provisions of this section shall not be considered as an amendment to the zoning ordinance; however, the specific use permit shall be noted on the zoning map as follows: SUP - (the number of the request for a specific use permit). Any of the conditions contained in a specific use permit approval shall be considered as conditions precedent to the granting of a building permit for the specific use provided for.

(f)

Time limits for implementation. If for any reason the approved specific use ceases operation for a period of two years, then the approval of said specific use shall be considered void and will require another public hearing review by the planning and zoning commission and city council. This shall also apply to any approved specific use that does not begin operation within two years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of the specific use permit ordinance, including non-conforming uses and their incidental and accessory uses, must receive a specific use permit before any expansion of the use is permitted.

(Code 2009, § 52-502; Ord. No. 405, § 1, 12-18-2018; Ord. No. 405(Amd.), § 1, 3-15-2019; Ord. No. 405-2, § 1, 8-20-2019)

The following uses are allowed in all zoning districts by specific use permit as granted by the city council:

(1)

Adult entertainment establishments.

(2)

Airport; heliport.

(3)

Bus station.

(4)

Cemetery.

(5)

Convict pre-release center.

(6)

Crematory.

(7)

Governmental services.

(8)

Juvenile delinquency center.

(9)

Detention center juvenile; adult.

(10)

Electric generation plant and/or sub-station.

(11)

Mausoleum.

(12)

Post office.

(13)

Rifle and skeet range.

(14)

Gun club.

(15)

Sanitary landfill.

(16)

Sewer disposal facility.

(17)

Halfway house.

(18)

Commercial theme parks.

(19)

Refuse transfer station.

(20)

Recycling center.

(21)

Golf course.

(22)

Golf driving range.

(23)

Kennel.

(24)

Mini-storage.

(25)

Fire protection facility.

(26)

Fire station.

(27)

Churches.

(28)

College or university hospital.

(29)

Library.

(30)

Nursing homes.

(31)

Convalescent homes.

(32)

Public schools.

(33)

Trade schools.

(34)

Museum.

(35)

Bed and breakfast.

(36)

Inn.

(37)

Cultural or heritage centers.

(38)

Public or private attractions.

(39)

Transmitting tower (excluding amateur radio tower).

(40)

Water treatment facility and/or water storage facility.

(41)

Private schools with comprehensive education curriculum.

(42)

Office use when located on a 40-acre or larger tract.

(43)

Industrial uses requiring a minimum acreage requirement of 40 acres.

(44)

Mining and mineral processing.

(45)

Commercial resort facilities (minimum acreage requirement of 40 acres).

(46)

Apartments units of nine units or more.

(47)

Commercial marijuana growth facilities.

(48)

Wholesale marijuana facilities.

(49)

Marijuana storage facilities.

(50)

Marijuana dispensary.

(Code 2009, § 52-503; Ord. No. 405, § 1, 12-18-2018; Ord. No. 405(Amd.), § 1, 3-15-2019; Ord. No. 405-2, § 1, 8-20-2019)

Specific uses permitted shall comply with the most restrictive yard and height requirements of the district in which located and in addition shall comply with the requirements, especially for parking and loading, as required per the related use unit in this chapter.

(Code 2009, § 52-504; Ord. No. 405, § 1, 12-18-2018; Ord. No. 405(Amd.), § 1, 3-15-2019; Ord. No. 405-2, § 1, 8-20-2019)

(a)

Filing of a petition for specific use permit. A petition for a specific use permit may be filed with the city clerk/treasurer by the owner of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form furnished by the city clerk/treasurer. All petitions for a specific use permit shall be accompanied by a site plan of the proposed area showing the location of buildings, parking, and other pertinent data concerning the operation of the proposed use.

(b)

Fee for petition. A $250.00 fee shall be required with the specific use permit application, and such other fee as the city council may from time to time specify by resolution.

(c)

Notice of hearing. Upon application, the city clerk/treasurer shall set a date for public hearing before the planning and zoning commission. The city clerk/treasurer shall then mail notice of the public hearing to consider a specific use permit at least 20 days before the public hearing by mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property, or such additional notice deemed necessary by the planning and zoning commission. The notice shall contain:

(1)

The date, time and place of the public hearing.

(2)

The present zoning classification of the property and the nature of the specific use permit.

(3)

The legal description of the property and street address or approximate location in the municipality.

(d)

Confirmation by the city council. Upon recommendation by the planning and zoning commission an application will then be taken for consideration by the city council, within 30 days of the planning and zoning commission decision. The recommendation of the planning and zoning commission shall be included on a council consent agenda for consideration, and may be removed from the consent agenda by council pursuant to council rules, whereupon the council may either accept the recommendation of the planning and zoning commission, reverse the recommendation of the planning and zoning commission, modify the decision of the planning and zoning commission, or remand the matter for further consideration by the planning and zoning commission.

(e)

Reapplication or reconsideration of mining and quarrying, mineral products processing. The city is not required to reconsider requests denied by the municipality related to mining and quarrying, or mineral products processing for the same site unless the municipality determines there has been a material change in the application. A mining application for any portion of a site previously denied by the city council will be reviewed by the city council first to determine if there has been a material change in the application. A material change is a substantial change in the application as compared with prior applications such that it warrants consideration as a new application. The city council will establish the requirements necessary for consideration of the application. The city council shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the city council as necessary during the application process. The city clerk/treasurer will notify the applicant of the decision. The determination of the city clerk/treasurer may be appealed to the city council within 15 days of the rendering of the decision.

(f)

Grandfather clause. The city has the authority to consider any requests to waive application for a specific use permit if it is found that the business was in place or had prior approval by any necessary state agency such as the state medical marijuana board, prior to March 1, 2019. Any party requesting said waiver shall apply with the city clerk/treasurer to be placed on the agenda for the regularly scheduled city council meeting or a special meeting if so necessary. After hearing from the requesting party the city council may waive the application process and issue the permit for good cause.

(Code 2009, § 52-505; Ord. No. 405, § 1, 12-18-2018; Ord. No. 405(Amd.), § 1, 3-15-2019; Ord. No. 405-2, § 1, 8-20-2019)