Forest Hill City Zoning Code
Division 10
Specific Use Permit
§ 9.02.271 Specific use permit.
(a)
General provisions.
The uses listed in each district as “Specific Use Permit Required,” and shown as “S” in the table of permitted uses, are prohibited in the district unless and until a specific use permit (SUP) is granted for such use by the city council in accordance with the requirements and procedures set forth in this section.
(b)
Intent.
The intent of a SUP is to authorize and regulate a use not normally allowable in a zoning district, but if controlled as to the number, area, location, duration, or relation to the neighborhood, and if made subject to adequate development standards and safeguards established for such use during the review of a SUP application, would promote the health, safety, and welfare of the neighborhood and the community. These permits are issued based on the decision that the use is in general conformance with the comprehensive plan and contingent on such requirements and safeguards as necessary to protect the public health, safety, and welfare of the adjacent landowners and the city at large.
(c)
Hearing and procedure.
(1)
A person have [having] a proprietary interest in property may request the issuance or renewal of a SUP for the property. A specific use permit may only be granted following public hearings before the planning and zoning commission and the city council in accordance with the same notice, hearing, and voting requirements as required for zoning changes in division 17 of this article.
(2)
Notwithstanding the provisions of subsection a [(c)(1)], if a specific use permit is issued for a definite term, it may be renewed in accordance with this subsection.
(A)
To prevent expiration of a SUP before the renewal process can be completed, the applicant should apply for renewal at least ninety (90) days before the date of expiration.
(B)
The zoning administrator shall place an item on the planning and zoning commission agenda for consideration, following the same notice and hearing procedures as for the original application.
(C)
The planning and zoning commission shall recommend renewal or denial to the city council and it shall be placed on the next city council meeting agenda that allows sufficient time for notice. Before consideration at a city council meeting, the item shall be advertised as required for the original application, and the city council shall hold a public hearing before making a decision on the matter. The same notice, hearing, and voting procedures as required for the original application shall apply.
(d)
General requirements.
(1)
Any specific use permit, which is approved, shall meet the minimum requirements provided in the zoning district in which it is located.
(2)
A SUP shall be approved on a properly platted lot. Should property not be platted, then SUP may be approved on the condition that said property shall be platted before construction or operations commence.
(3)
A specific use permit shall automatically expire if:
(A)
A building permit is not issued and construction begun within one hundred eighty (180) days of the granting of the SUP.
(B)
The use has not begun operation (if no construction is required) within one hundred eighty (180) days of the granting of the SUP.
(C)
The use is abandoned (a use which is discontinued for a period of one hundred eighty (180) days is presumed to be abandoned).
(D)
The term for which the SUP was issued has expired and it has not been renewed.
(e)
Development plan.
An approved development plan shall be a prerequisite to the approval of a specific use permit. A preliminary development plan shall be submitted for review and comment by the city staff prior to submitting the final development plan to the planning and zoning commission and the city council for approval. The preliminary development plan shall include all of the elements of the final development plan. The development plan shall include the following items:
(1)
A site plan showing the location of each structure and the minimum distance between structures, and between structures and the property line, street line, and/or alley line shall be submitted. For structures more than one (1) story in height, except single-family and two-family residences, elevations and/or perspective drawings shall be required in order that the relationship for the structures to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings shall indicate the height, number of floors, and exposures for access, light, and air.
(2)
A drawing to scale indicating proposed streets, drives, alleys, structure sites or structure lots, and areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage collection easements, school sites, street widening, street changes, points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than two (2) feet. This drawing shall also show existing structures adjacent to the site and within twenty-five (25) feet of all property lines.
(3)
Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.
(4)
A plan indicating the provision, arrangements, and dimensions of off-street parking and off-street loading shall be required. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan and off-site parking shall also be shown.
(5)
A designation of the maximum structure coverage of the site shall be indicated on the site plan.
(6)
When screening and/or landscaping is required, the plan shall include any screening walls, ornamental planting, recreational areas, wooded areas to be retained, and lawns and gardens.
(7)
Any or all of the required features may be incorporated on single drawing if such drawing is clear and capable of evaluation.
(8)
A graphic rendering of the existing site conditions, which depicts all significant natural, topographical, and physical features of the subject property, including contours, location and extent of tree cover, location and extent of watercourses, marshes and floodplains on the subject property, and existing drainage patterns.
(9)
Two (2) blue line copies of all conceptual or graphic representations required herein, in a size sufficient to clearly show all information required, a copy reduced to 11" x 17", an electronic version (pdf), and one (1) copy of written documents.
(f)
Concept plan.
Whenever a development plan is required, a concept plan shall be submitted for discussion purposes. Said concept plan shall contain the following information:
(1)
Street address of property, legal description, and a plat certified by a registered land surveyor, showing date, scale, north point, property boundary lines, dimensions, and easements.
(2)
Applicant’s name and address and their legal interest in the subject property.
(3)
Owner’s name and address, if different from applicant, with owner’s signed consent to the filing of the application.
(4)
Zoning classification and present use of the subject property.
(5)
Land use designation as contained in the comprehensive plan.
(6)
Conceptual representation of proposed use.
(7)
Conceptual representation of vehicular circulation within the subject site.
(8)
Conceptual representation of points of connection to the public right-of-way.
(9)
Computation of proposed number of dwelling units and the total acreage for residential use and the approximate square footage of building, by type for nonresidential use.
(10)
Conceptual landscaping and buffer plan.
(11)
Description of how essential public services, including water, sewer, drainage, and solid waste will be provided.
(12)
Description of proposed grading, re-grading, or fill that is proposed on the subject site.
(13)
Maximum number of parking spaces.
(14)
Vicinity map indicating the area in which the property is located.
(15)
Other information the applicant and/or owner deems necessary.
(g)
Additional information requests.
The planning and zoning commission and the city council, in reviewing an application for a SUP, may require that the applicant supply additional plans, special information, expert evaluations, or other information deemed reasonable concerning the location, function, and characteristics of any building or use proposed. The city council may, in the interest of public welfare and to insure compliance with this article, establish conditions of operation, location, arrangement, and type and manner of construction of any SUP. In authorizing the location of any SUP, the city council may impose such development standards and safeguards which it deems advisable to protect adjacent properties or the health, safety, morals, or welfare of the community.
(h)
Factors to be considered.
In granting or denying an application for a specific use permit, the city council shall take into consideration the following factors:
(1)
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(2)
Safety from fire hazard and measures of fire control.
(3)
Protection of adjacent property from flood or water damage.
(4)
Noise-producing elements and glare of vehicular and stationary lights and effects of such lights on established character of the neighborhood.
(5)
Location, lighting, type of signs, and relation to traffic control and adverse effect on adjacent properties.
(6)
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site in the immediate neighborhood.
(7)
Adequacy of parking, as determined by requirements of this section, for off-street parking facilities for similar uses, location of ingress and egress points for parking and off-street loading spaces, and protection of the public health by all-weather surfacing on all parking areas to control dust.
(8)
Compatibility of the proposed use with surrounding and adjacent properties and whether such use will adversely affect the use and enjoyment of the surrounding and adjacent properties.
(9)
Such other measures as will secure and protect the public health, safety, morals, and general welfare.
(i)
Mapping of specific use permits.
All specific use permits approved in accordance with provisions of this article shall be referenced on a map in the planning department designated for specific use permits.
(Ordinance 2016-03-001, sec. 2 (64-201), adopted 3/15/16)