(a)

A special use permit (SUP) is a grant of a use of land or a structure in a zoning district where the use is not specifically authorized by ordinance in that district. Special use permits may be granted to allow compatible and orderly uses which may be suitable only in certain locations in a zoning district and subject to certain conditions.

(b)

A special use permit is a zoning action to consider granting an additional use to a specific piece of property, but not to change the underlying zoning of the land. A special use permit is subject to the same procedures for an amendment and change in zoning as specified in state law and city ordinances.

(c)

Every special use permit granted as provided in this article shall be considered a change to the zoning applicable only to the property to which granted.

(d)

The city council may authorize the development of special uses as provided in this chapter. Such authorization shall be by grant of a special use permit.

(e)

For purposes of special use permits, a single-family residential use shall be considered the dominant use of the surrounding uses in the area, if any single-family residential use exists within 200 feet of the property that is the subject of a special use permit application.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

All districts other than A and RR. In any district other than A and RR, the following uses may be requested for designation as special uses:

(1)

Any special use specified in the district regulations.

(2)

Any use of a public building or public utility erected or used by a city or county government.

(3)

(Intentionally deleted).

(4)

Satellite radio, microwave or television antennas of: dish, spheroid, lenticular, funnel, tube, spiral or other than ordinary grid and cross-arm array design and size commonly used for home television reception equipment, including, without limitation, earth stations and all such similar receiving and transmitting equipment, whether for radio wave or microwave reception or transmission, exceeding three feet in size by the largest length, width or diameter dimension.

(5)

Day nurseries, preschools or kindergartens in conjunction with an existing public, private or denominational school having a curriculum equivalent to grades 1 through 12 of a public school.

(b)

Uses by district. The uses allowable in the A district are set out in section 50-61. The uses allowable in the RR district are set out in section 50-391.

(c)

G and H districts only. In G and H districts, any use not specified in article II of this chapter as a permitted use may also be requested for designation as a special use.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-01-12-A, § 1, 1-12-2021)

Applications for special use permits shall be filed with the city manager with site plans drawn to scale showing:

(1)

The arrangement of the proposed uses;

(2)

Off-street parking facilities to include dimensions, spaces, arrangement, landscaping, finish materials, and the minimum off-street parking requirements applicable in G general business districts;

(3)

Locations of all buildings, fences, signs, dumpsters, and improvements;

(4)

Means of ingress and egress to public streets and adjacent properties;

(5)

Visual screening if required;

(6)

The location of adjacent residences and other buildings;

(7)

The location and area of coverage of all outside lighting, including spill-over onto adjacent public and private properties;

(8)

Modifications to existing drainage characteristics, existing and proposed surface water entry and discharge locations, and any detention or retention facilities;

(9)

Uses to be permitted;

(10)

Setbacks from lot lines; and

(11)

Any other information requested by the city, the zoning commission, or the city council.

The city manager shall reject an application that does not include all of the required items.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The city manager shall submit the application and a report on the application to the zoning commission, which shall conduct a public hearing and make a recommendation or report to the city council.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

After receiving the recommendation or report of the zoning commission, the city council shall conduct a public hearing regarding the special use permit application.

(b)

The city council shall deny any special use permit as submitted and pending before the council unless it finds the proposed use will not adversely affect traffic, public health, public utilities, public safety and the general welfare.

(c)

The city council shall deny a special use application if it finds that the proposed use:

(1)

Is incompatible with the dominant use in the surrounding area;

(2)

Alone or in conjunction with existing uses, results in a change of the character of use, or in the level of density or intensity of use, not compatible with the adjacent property; or

(3)

Would contribute to the loss, deterioration, destruction or degradation of existing neighborhood integrity.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No special use permit shall be effective, unless and until the applicant, owner and grantee of the special use permit, shall deliver to the city manager, and not later than 30 days of the grant of the special use permit by the city council, a signed written statement declaring that the applicant, owner and grantee accept and agree to comply with and be bound by the terms of the special use permit. In the event such written, signed declaration is not timely delivered, then the special use permit shall not be effective and shall automatically expire.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

If a building permit is not obtained within six months from the grant of a special use permit, then the SUP shall automatically expire. However, after a recommendation from the city manager, the city council may authorize an extension of this time.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

The city council may impose conditions on any special use permit. All conditions imposed on a special use permit shall be satisfied before a certificate of occupancy can be issued by the city for the use of the premises included in the special use permit. Such conditions as are articulated in writing at the time the special use permit is granted shall not be construed as conditions precedent to the grant of the special use permit, but shall be construed as conditions precedent to the issuance of a certificate of occupancy.

(b)

Any special use permit issued by the city without the written specification of the conditions upon which it was granted, shall be revocable by the city council, unless the special use permit was specifically granted with no conditions.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The final action taken by the city council shall be noted, as soon as practicable, on the official zoning map and on any other administrative copies, as to the location of the property and the type of use permitted by each special use permit granted.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The standards of this division are a guide for the city council to use in granting special permits for the development of property in the G General Business District and H Special Business District. Such standards are also intended for the information and guidance of real estate developers and applicants and prospective applicants for special permits under this chapter.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The council shall only permit deviations from the standards of this division in individual cases for good cause shown having to do only with the peculiarities of the particular tract in question (and for no other reason) and then only to the extent absolutely necessary to prevent injustice or absurdity.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

A buffer landscape area should be provided along all dedicated streets and highways. This area shall be a minimum of six feet from the property line to any vehicular paving. Entrance driveways from the street through this buffer shall not exceed 30 feet in width.

(b)

All public right-of-way area in front of a property, between the edge of the public street paving and the property line, with the exception of entry drives, shall be landscaped and maintained by the property owner. Any existing vehicular paving in this area shall be removed.

(c)

An overall percentage of the street yard area within the property line should be landscaped at least as follows:

(1)

20 percent for multifamily projects.

(2)

15 percent for office buildings, and ten percent for hotel, motel, retail, and other commercial projects.

(3)

If a project consists of more than one building type, the percentage of landscaped area should be that derived by prorating the linear street frontage used by each particular building type.

(d)

In all street areas there should be a minimum number of trees depending on the size of the total street yard area. The minimum number of trees should be:

(1)

For the first 9,000 square feet—one tree for each 1,500 square feet.

(2)

Next 9,000 to 90,000 square feet—one tree for each 3,000 square feet.

(3)

All over 90,000 square feet—one tree for each 6,000 square feet.

(e)

To encourage the saving of existing large trees and the planting of large new trees, a credit can be used toward either the total number of trees required or toward the amount of landscaped area required as follows:

(1)

Each tree over four inches in diameter can count as two trees or the required landscape area can be reduced by 50 square feet

(2)

Each tree over eight inches in diameter can count as three trees or the required landscape area can be reduced by 100 square feet

(3)

Each tree over 12 inches in diameter can count as four trees or the required landscape area each can be reduced by 150 square feet

Tree diameter shall be measured at a height of 12 inches above ground level. This credit is given only for quality long-lived trees such as oaks, elms, sycamores, and other trees as determined by the city manager.

(f)

Parking lots and tree locations should be arranged so that no parking space within the street yard area is more than 50 feet from a tree.

(g)

All landscaped areas containing plant material should be provided with adequate irrigation as necessary for proper long-term maintenance of the plant material. In designing landscaped areas and selecting plant materials to be used, consideration should be given to water conservation.

(h)

Provisions must be made for proper root and soil aeration for all new and existing trees and for sufficient permeable area to be provided around all trees for their proper health. No vehicular paving shall be within four feet of any tree.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In order to qualify, single-trunk trees when planted must have a trunk that measures at least two inches in diameter measured at a height of 12 inches above the ground. For multiple-trunk trees, the total aggregate diameter of all trunks, measured at a height of 12 inches above the ground, must be not less than two inches[T47].

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)