Canadian City Zoning Code
ARTICLE 14
09 SPECIFIC USE PERMITS
§ 14.09.001 Specific use permit, purpose.
The specific use permit is a permit issued by the city manager upon authorization from the city council and which authorizes the location of a specific use that does not conform to the regulations of the zoning district in which it is situated. It is not an amendment or change of the zoning restrictions applicable to the property upon which the specific use authorized is located. Rather, it is a personal right granted to the owner of the applicable property which authorizes the location and maintenance of a specific use that does not conform to the regulations of the zoning district in which the applicable property is situated. Furthermore, it is specific to the owner to whom the permit is issued and shall not be sold or transferred by transfer of the title to the applicable property. No specific use permit shall be issued until the city council, after notice and public hearing, files a report and recommendation on the proposed use.
(1977 Code, sec. 12-141; 2004 Code, sec. 14.501)
§ 14.09.002 Application for specific use permit.
An owner or his duly authorized agent or representative may make application for the issuance of a specific use permit applicable to his property by filing with the city council a written application in such form and content as the city council may require. An application for specific use permit shall be accompanied by the payment of a fee in the amount of $150.00, which shall include the costs of notice and posting.
(1977 Code, sec. 12-142; 2004 Code, sec. 14.502; Ordinance 725 adopted 1/18/21)
§ 14.09.003 Notice and public hearing.
Upon receipt of an application, the city council shall set a date for public hearing not less than twenty (20) days nor more than sixty (60) days from the date of filing. Fifteen (15) days’ notice of the public hearing shall be given by the city council by publication in a newspaper of general circulation. Written notice of the public hearing shall be sent to all property owners within two hundred (200) feet of the property upon which the specific use applied for will be located not less than ten (10) days before the date set for the hearing.
(1977 Code, sec. 12-143; 2004 Code, sec. 14.503)
§ 14.09.004 City council action.
(a)
After notice and public hearing, the city council shall vote to:
(1)
Recommend that the application be approved as submitted, or as amended, or be approved subject to modification; or
(2)
Recommend that the application be denied.
(b)
The city council may, in the interest of the public welfare and to assure compliance with this chapter, establish conditions of operation, location, arrangement and construction of any use for which the issuance of a permit is requested.
(c)
In recommending the issuance of a specific use permit, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.
(d)
Prior to recommending approval of an application, the city council shall, at a minimum, require that the specific use applied for must conform with the regulations of that zoning district in which it or similar uses are authorized by this chapter, regardless of the zoning district in which the specific use applied for may actually be located.
(e)
An application recommended for approval, or approval subject to modification, shall be transmitted with the report and recommendation of the city council within fifteen (15) days from the date of city council action.
(f)
An application recommended for denial shall not be considered further.
(Ordinance adopting 2004 Code; 2004 Code, sec. 14.504)
§ 14.09.005 Further city council action.
(a)
The city council shall hold a hearing on each application regularly transmitted, giving not less than fifteen (15) days’ notice of the public hearing by publication in a newspaper of general circulation. Upon the concurring vote of at least three (3) of its members, the city council may approve the application as submitted and recommended by the city council or return the application to the city council for further study. Upon the concurring vote of at least four (4) of its members, the city council may approve the application subject to modification or deny the application.
(b)
In authorizing the issuance of a specific use permit, the city council shall have all the powers granted in section 14.09.004(b) and (c) above to impose such conditions of operation, development standards, and safeguards as it deems to be necessary to the welfare and protection of adjacent property.
(c)
Upon approval of an application or approval of an application subject to modification, the city council shall authorize and instruct the city manager to issue a specific use permit, with such authorization to be recorded in the minutes of the city council.
(1977 Code, sec. 12-145; 2004 Code, sec. 14.505)
§ 14.09.006 Protest to issuance of specific use permit.
If a written protest against the issuance of a specific use permit is presented to the city council, duly signed and acknowledged by the owners of twenty percent (20%) or more of the area of the lots on the land immediately abutting the property on which the specific use will be located or separated therefrom only by an alley or street, and extending two hundred (200) feet therefrom, such permit shall not be authorized except by the favorable vote of at least four (4) members of the city council.
(1977 Code, sec. 12-146; 2004 Code, sec. 14.506)
§ 14.09.007 Term of specific use permit.
(a)
The term of a specific use permit shall be one (1) year from the date of issuance by the city manager. However, a specific use permit may be renewed each year by the owner of the applicable property to whom the permit was issued by making application for renewal of the permit to the city manager prior to the expiration of the existing permit. No fee or hearing shall be required for renewal of an existing, non-expired permit. Upon receipt of the application for renewal, the city manager shall issue a new permit, unless the owner has failed to comply with the conditions, if any, which may have been imposed by the city council prior to the issuance of the original permit. If the owner has failed to comply with any such conditions which may have been imposed prior to the issuance of the original permit, the city manager may recommend to the city council that the application for renewal be denied. Upon the concurring vote of at least four (4) of its members, the city council may deny the application for renewal.
(b)
A specific use permit shall be automatically terminated upon the occurrence of any of the following:
(1)
Failure of the owner of the applicable property to make application for renewal of the permit prior to the expiration of the existing permit.
(2)
Sale or other transfer of the title to the property upon which the specific use is located by the owner.
(3)
Cessation of the specific use authorized by the permit for a period of sixty (60) consecutive days.
(1977 Code, sec. 12-147; 2004 Code, sec. 14.507)
§ 14.09.008 Additional restrictions.
The following additional restrictions shall be imposed upon any specific use permit issued:
(1)
No specific use authorized by the issuance of a specific use permit shall be enlarged without making written application to the city council in such form and content as the city council may require. The city council shall approve the enlargement of a specific use by the concurring vote of at least five (5) of its members. In authorizing the enlargement of a specific use, the city council may impose such conditions as it deems necessary for the protection and welfare of adjacent property.
(2)
A specific use authorized by the issuance of a specific use permit shall be subject to all applicable city codes and ordinances, including building, plumbing and electrical codes.
(1977 Code, sec. 12-148; 2004 Code, sec. 14.508)