Ferris City Zoning Code
SPECIAL USE
AND OTHER PERMITS
§ 154.100 SPECIAL USES.
Certain types of land uses are classified as special uses and may be permitted in designated districts when specifically authorized by this section after recommendation of the Planning and Zoning Commission and approval by the City Council. Such special use may be granted in order that the city may develop in accordance with the intent and purpose of this chapter, that land may be fully utilized for a lawful purpose, and that substantial justice may be done.
(A) Criteria for granting of special use. In reaching a decision on any application for a special use, the City Council shall determine:
(1) That the requested special use will establish only those uses permitted under this chapter;
(2) That the location of proposed activities and improvements are clearly defined on a site plan filed by the application;
(3) That the exception will be wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such requirements as the Council may find necessary to protect and maintain the stability of adjacent properties.
(B) Authorized special uses. The following uses may be allowed as special uses in the districts specified, subject to full and complete compliance with all conditions herein provided, together with such other conditions as the Council may impose. Districts are listed in the order of most restrictive to least restrictive, reading from left to right as listed in § 154.010.
Special Use | District Requiring Approval |
Special Use | District Requiring Approval |
Heliport | R-1 to I-H, PD |
Ballpark, stadium, athletic field (private) | R-3 to C-N |
Cemetery, mausoleum or crematorium | All districts |
Gun club, skeet or target range | I-L to I-H, PD |
Miniature golf course | C-N |
Golf driving range, or other outdoor amusement (commercial) | C-C |
Hospital, home/center for the care of acute or chronic ill | MF-18 to C-N |
All non-profit organizations, fraternal organizations and clubs | R-1 to C-N |
Public or semi-public utility shop and storage | C-C |
Swimming pool (commercial) | C-C to I-L |
Tennis or swim club | R-1 to R-MH |
Used auto parts sales (retail) conditions: inside building no outside storage, display or dismantling | C-C |
Any of the uses provided in § 154.010 | I-H |
Any use permitted in C-N, to a floor area per use in excess of 5,000 square feet | C-N |
Canopy, portico or covered walkway in required yard: religious institutions, schools and institutional uses only | All districts |
Ambulance stations | MF-18 to I-H and PD |
New mobile home sales or pre-fab home sales | C-C |
Recycling containers | C-C to I-H |
Outdoor farmers market | C-C |
Seasonal snow cone stands | C-C |
Television, radio, microwave, telecommunication towers or facilities | I-H |
Churches, schools (public or private) | All districts |
(C) Requirements for written record.
(1) The notice of public hearing for a request for a special use permit to install wireless telecommunications facilities pursuant to § 154.049 may include a statement that the applicant, the city staff and interested members of the public may submit written comments to the Council regarding the remarks they intend to make to the City Council at the public hearing.
(2) A decision of the City Council to deny a request for permission to install a wireless telecommunications facility shall be in writing and shall be based on evidence in a written record before the City Council.
(D) Application for special use. Upon receipt of an application for a special use by the Planning and Zoning Commission, it shall be referred to the City Manager or his or her authorized representative for investigation as to the manner in which the proposed location and character of the special use will affect the master plan of the city. The City Manager shall report the results of its study of the application to the Planning and Zoning Commission for public hearing, review and recommendations. Thereafter the City Council may, after public notice and hearing, according to law, grant the permit including the imposition of conditions of use which the Council may deem essential to ensure that the special use is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.
(E) Fees. Application fee shall be as prescribed by the most recently adopted city fee schedule.
(Ord. O-12-743, passed 12-3-2012)
§ 154.101 TEMPORARY USES.
Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.
(A) Permitted uses. The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted are:
Temporary Use | Districts |
Construction office. Temporary field or construction offices and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for specific periods of time when approved by the Building Official. Such temporary uses shall be discontinued by the order of the Building Official and in no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed. | R-3 to I-H, PD |
Real estate sales office. Temporary field real estate sales offices may be permitted in single-family residential subdivisions for specific periods of time when approved by the Building Official. Such temporary uses may be located in a model home or a portable building within the subdivision, but shall be discontinued by the order of the Building Official, and in no event shall such temporary uses continue to exist after the subdivision or the increment of same in which the use is located shall have been substantially developed. | R-3 to MF-18 |
Outdoor Christmas tree and pumpkin sales. A 60-day temporary use permit can be issued by the Building Official provided that the lot to be utilized has adequate space for off-street parking, access to restroom facilities for employees, and means of ingress and egress are compatible with existing traffic flows. A trailer (for sales only) may be located on the lot for which the temporary use permit is issued to provide for office space. | C-C |
(B) Fees. Application fee shall be as prescribed by the most recently adopted city fee schedule.
(Ord. O-12-743, passed 12-3-2012)
§ 154.102 SPECIAL EXCEPTIONS.
(A) Authorized special exceptions.
(1) Attached carports in required yards in “R-1,” “R-2,” “R-3,” “R-T” and “R-D.”
(a) The City Manager or his or her designated representative shall determine that the proposed attached carport is compatible with the existing home and other homes in the neighborhood.
(b) The City Manager or his or her designated representative shall determine that the proposed encroachments are the minimum allowed in order to construct the proposed carport. Finished carport area shall not exceed 24 feet in width by 25 feet in length.
(c) The City Manager or his or her designated representative shall determine that the proposed carport will not drain water onto adjacent property and that adequate separation from existing structures is maintained for fire protection.
(d) The City Manager or his or her designated representative will determine whether there are substantial objections to the construction of the carport by property owners in the notification area. The staff will mail notice of the proposed carport to every property owner within the notification area.
(e) Carports allowed as special exceptions shall be used only to park motor vehicles, boats, recreational vehicles, and trailers. The carport shall remain open on 3 sides and shall not be allowed to be enclosed. No storage is allowed under carport.
(f) In the event a property owner within the notification area of the proposed special exception objects to the request, the person opposing must submit a petition with signatures of 35% of the property owners within the notification area showing their disapproval. The petition must be returned within 14 days from the date of a notification letter, and the notification must inform each property owner of the procedure and time limits for protest. Upon verification of signatures, and that a minimum of 35% of the property owners do object to the carport, a public hearing will be scheduled. The staff will mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the hearing will also be published in the newspaper of record at least 10 days prior to the meeting. The concurring vote of 75% of the members of the Board will be required to grant the special exception.
(g) The staff shall mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least 10 days prior to the meeting.
(h) The staff shall mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least 10 days prior to the meeting. The notification area shall include those properties within 200 feet of the property for which a special exception is requested on the same side of the street and across the street therefrom.
(i) If less than 35% of the property owners within the notification area object to the application for a special exception for erection of a carport, then the request shall be deemed to be granted without need of a public hearing by the Board. The City Manager or his or her designated representative shall issue to the applicant appropriate documentation showing the grant of the special exception. Such documentation and grant may contain restrictions, use limitations, building requirements and other matters determined to be appropriate and/or necessary to meet the terms of this section.
(2) Antenna facilities. In considering whether to grant a special exception from the regulations specified in § 154.049, the Board of Adjustment shall consider the following:
(a) The effect on the value of the surrounding property;
(b) The potential for interference with the enjoyment of the use of surrounding properties;
(c) Aesthetics;
(d) The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes;
(e) The zoning district and the adjoining zoning districts of the property for which the special exception is sought;
(f) The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
1. Have a clearly defined health, safety or aesthetic objective; and
2. Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
3. The unique conditions that govern reasonable reception on any given lot.
4. To properly evaluate all applications to locate antennas or towers which do not comply with the regulations specified herein above the following information must be provided by the applicant.
5. Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.
6. Provide photos or drawings of all equipment, structures and antenna.
7. Describe why the antenna or tower is necessary.
8. State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.
9. Indicate if this antenna or tower site be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.
10. The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites. If yes, describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators that confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.
11. Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.
12. If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Identify the location of these commercial and or industrial district sites. Describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites owners and/or operators which confirm the statements provided.
13. Indicate the proposed provider’s current coverage area for the city. Attach maps showing the areas the proposed providers existing antenna currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover.
14. Describe the applicant’s master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.
15. Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the city.
(Ord. O-12-743, passed 12-3-2012)