The purpose of the regulations described in this article is to allow within the city the proper integration of uses which may be suitable only in specific locations within the city's two (2) zoning districts.

In addition to the certificate of zoning compliance called for in this ordinance, a specific use permit shall be required before any of the following specific uses will be permitted within either of the two (2) zoning districts of the city:

A.

Churches. Churches or other places of religious worship.

B.

Subdivision or homeowner association recreation centers. Subdivision or homeowners association swimming pools and recreation centers.

C.

Utility regulator stations. Gas, electric, or public utility regulator stations.

D.

Telecommunications facilities. Buildings, equipment, transmission/receiving towers, and other necessary ancillary structures of telecommunications providers. Provided, however, no specific use permit for a telecommunications facility shall be approved if:

1.

The proposed facility would adversely affect the residential integrity of adjacent or area neighborhoods;

2.

The proposed facility would create visual blight;

3.

The proposed facility would create noise or light pollution; or

4.

The proposed facility would create a nuisance to adjacent or area properties; and

5.

The applicant is unable to establish that it cannot provide service to the city from other available locations or existing facilities;

6.

The proposed facility would fail to utilize state of the art technology to achieve the above objectives; or

7.

The proposed facility would fail to comply with all safety standards promulgated by the Federal Communications Commission, or other agency having jurisdiction thereover.

Provided further, each applicant for a specific use permit shall demonstrate that in designing the proposed telecommunications facility it has utilized state of the art technology to minimize adverse effects to the residential integrity of surrounding or area residential properties. In addition, each facility authorized hereby shall comply fully with all applicable safety standards established or hereafter promulgated by any state or federal law, or agency rule or regulation, applicable thereto.

E.

Educational facilities. Public or private, primary or secondary institutions of learning.

(Ord. No. 97-200, § 1, 8-19-97; Ord. No. 11-404, § 2, 9-20-11)

A specific use permit is an amendment to the district regulations of this ordinance and permits the permanent establishment of a specific use within a zoning district. The following conditions and procedures shall attend an application for a specific use permit:

A.

Amendment required. The zoning official shall not issue a certificate of zoning compliance for such specific uses as may be hereafter created, changed, converted, or enlarged, in whole or in part, until and unless a specific use permit has been obtained in accordance with the amendment procedures set forth in article XIII of this ordinance.

B.

Application requirements. Application for a specific use permit shall be made by the property owner or his or its certified agent or representative to the planning and zoning commission on forms prescribed for that purpose by the city council. Such application shall be accompanied by a site plan as set forth in chapter 4 of this code of ordinances. Specific use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms hereof. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code and all other ordinances of the city.

C.

Considerations. In considering any application for a specific use permit, the planning and zoning commission shall give due regard to the nature and condition of all adjacent land, uses, and structures. Such commission may recommend disapproval of an application for a specific use permit or approval subject to such requirements and conditions with respect to location, construction, maintenance, and operation, in addition to the regulations of the district in which the particular use is located, as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. No. 14-447, § 14, 10-21-14)

Before any specific use is permitted in the applicable zoning district, a report from the planning and zoning commission must be directed to the city council accompanied by the commission's recommendation for approval or denial. The report shall include, but need not be limited to, the following:

A.

Ingress and egress. Ingress and egress to the property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in the event of fire or other catastrophe.

B.

Off-street parking. Off-street parking and loading areas where required, with particular attention to the items set forth in subsection A of this section, and the economic, noise, glare, and other effects of the specific use on adjoining properties and other properties generally in the district and city.

C.

Service areas. Refuse and service areas, with particular reference to the items set forth in subsections A and B of this section.

D.

Utilities. Utilities include water and wastewater with reference to location, availability, and compatibility.

E.

Drainage. Drainage plans proposed to meet requirements of the city's drainage ordinance and criteria manual.

F.

Screening and buffering. Screening and buffering, either or both, with reference to type, dimensions, and character.

G.

Signs and lighting. Sign location and size, proposed exterior lighting with reference to glare and traffic safety and compatibility and harmony with adjacent property and other properties generally in the district and city.

H.

Trees, yards and open spaces. Landscaping and required yards, open spaces, and building setback lines.

I.

Compatibility. General compatibility with adjacent properties and other properties in the district and city.

J.

Conformity. The conformity of the proposed use with the requirements and intent of this ordinance and the comprehensive plan of the city.

(Ord. No. 14-447, § 15, 10-21-14)

The city council may accept or reject the recommendation of the planning and zoning commission and in conjunction therewith may grant or deny the application for a specific use permit. Every specific use permit granted by the city council shall be considered an amendment to this ordinance, as applicable to such property. In granting such permit, the city council may impose conditions which must be complied with by the grantee thereof before a certificate of zoning compliance may be issued by the zoning official for the use of the buildings and structures on such property pursuant to said specific use permit. Such conditions shall not be construed as conditions precedent to the granting of the specific use permit, but shall be construed as conditions precedent to the granting of a certificate of zoning compliance. Following the passage of a specific use permit ordinance by the city council, the zoning official may issue a building permit for the pertinent property as provided in article X hereof, and shall ensure that development of such property is undertaken and completed in accordance with such specific use and building permits.

(Ord. No. 14-447, § 16, 10-21-14)

Cross reference— City council, § 2-26 et seq.