Green City Zoning Code
SPECIAL USE
PERMIT DISTRICT
§ 157.185 PURPOSE.
The purpose of this District is to provide a mechanism to allow the Planning and Zoning Commission and City Council to review, approve or disapprove requests to allow specific uses within varying zoning districts which are not permitted by the Land Development Code; and the proposed use may be beneficial to the community and deemed to be in the city’s best interest.
(Prior Code, § 1232.01) (Ord. 2012-18, passed 9-25-2012)
§ 157.186 PROCESS.
The applicant shall file a special use permit application with the Planning Department. The applicant shall submit a general development plan and any proposed uses for the land/building as part of the application. The Planning Department will review the request (pre-application meeting required) and determine if the project warrants a special uses permit (cases where rezoning of land is not determined to be in the best interest of the city) and make a recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing (pursuant to the same process for a conditional use permit application). The Planning and Zoning Commission shall make a recommendation to City Council. If City Council approves a general development plan, the applicant shall submit a final site plan to the Planning Department for review and approval.
(Prior Code, § 1232.02) (Ord. 2012-18, passed 9-25-2012)
§ 157.187 CONTINUITY/TERMINATION.
The use (or uses) included in the approved special use permit may be transferred by the original applicant provided the uses and site plan comply with the final site plan approved by the city. The special use permit, upon written notice to the Planning Department of the transfer for the real estate to that new owner, shall transfer to the new owner/operator. The current owner/operator for the special use permit must be on file with the Planning Department in order for the permit to be valid.
(Prior Code, § 1232.03) (Ord. 2012-18, passed 9-25-2012)
§ 157.188 CHANGE OF USE.
Any holder of a special use permit seeking to change the use of the property shall comply with the procedure for original applications set forth in § 157.186 for any use not originally approved as part of the original application. The Planning Department shall provide a special use permit to the property owner and/or operator. The property owner and/or user shall also obtain a zoning permit(s), certificate of use permit(s), building permit(s) and any other permits required. The special use permit is not a substitute for any other permit.
(Prior Code, § 1232.04) (Ord. 2012-18, passed 9-25-2012)
§ 157.189 FEE.
The application fee for a special use permit shall be $300. The fee for change of use application for a special use permit shall be $300.
(Prior Code, § 1232.05) (Ord. 2012-18, passed 9-25-2012)
§ 157.190 RIGHT TO REVOKE.
The city maintains the right to revoke the special use permit if the current use is not the approved use; or, if the property transfer to a new owner/operator without notice to the city. The applicant will acknowledge the potential revocation of the permit. If the city notifies the property owner or operator that a violation of the special use permit has occurred, the owner or operator shall cease use of the property within 15 days of the written notification by the Law Director.
(Prior Code, § 1232.06) (Ord. 2012-18, passed 9-25-2012)