Zoning districts established herein permit certain uses which are allowable therein provided they meet specified conditions as set forth therein and here. No such use shall be permitted until a conditional use permit has been issued authorizing such use. The procedures for granting such permits shall be in accordance with the following stated procedures.

(1)

When an application for a conditional use permit is received, the building official shall review for compliance, and provided that the application is compliant with the standards of this Code, the planning commission shall set a time and place for a meeting to review and issue its recommendation for the conditional use permit.

(2)

After the planning commission has made their recommendation the city shall hold a public hearing and cause notice of the hearing to be published in a newspaper of general circulation in the city at least 30 days before the hearing. Such notice will state the application number (if any number is assigned), owner's name, property location its area, time, place and subject of the hearing. At least 30 days before the public hearing, notice of the time, place and subject of the hearing will be sent in writing by U.S. mail to the owner whose property or interest is the subject of such hearing. Copies of all such letters will be maintained in the applicant's file for permanent record.

(Code 1981, § 8-5-251; Ord. No. 2002-05, § 1, 3-5-2002; Ord. No. 2023-07, § 4, 7-18-2023)

Those conditions specified in the zoning district regulations shall be considered to be the minimum standards which must be met before the conditional use application may be considered by the planning commission for review and recommendation and the mayor and council for decision. In deciding upon whether or not a conditional use meets the minimum standards and promotes the health, safety, morals, or general welfare of the city, the mayor and council shall utilize the applicable standards of review of section 93-25-6.

(Code 1981, § 8-5-252; Ord. No. 2002-05, § 1, 3-5-2002)

If the mayor and council, after applying the evidence to the standards of review, have been convinced that the allowance of the conditional use will promote the health, safety, morals, or general welfare of the city, a conditional use permit may be granted, subject to those provisions that may be imposed by the mayor and council.

(Code 1981, § 8-5-253; Ord. No. 2002-05, § 1, 3-5-2002)

If a building permit, grading permit or occupation tax permit has not issued and construction (if any is necessary) begun within a 12-month period after such conditional use is approved, the conditional use may be withdrawn at a meeting of the mayor and council. The mayor and council may then reinstate the prior zoning district and regulations. In the alternative, the mayor and council may extend the conditional use for 12 months and any number of subsequent 12-month periods by only one such period at a time.

(Code 1981, § 8-5-254; Ord. No. 2002-05, § 1, 3-5-2002)

Mayor and council may in considering a special use permit, following a public hearing that shall follow the notice procedures stated below, impose reasonable conditions deemed necessary to the protection or benefit of owners of adjacent and nearby properties to ensure compatibility of the proposed development or use with surrounding uses. The decision of mayor and council concerning consideration of a special use shall be given to the applicant in writing by certified U.S. mail to the address indicated in the application. Aggrieved applicants shall have 30 calendar days from the date of receipt of the notice in which to petition the county superior court for writ of certiorari.

(1)

When an application for a special use permit is received the mayor and council will set a time and place for a public hearing on the special use permit. Notice of the hearing must be published in a newspaper of general circulation in the city at least 30 days before the hearing. Such notice will state the application number (if any number is assigned), owner's name, property location, its area, time, place and subject of the hearing. At least 30 days before the public hearing, notice of the time, place, and subject of the hearing will be sent in writing by U.S. mail to the owner whose property or interest is the subject of such hearing. Copies of all such letters will be maintained in the applicant's file for permanent record.

(Ord. No. 2013-02, § 2, 3-19-2013; Ord. No. 2015-15, § 4, 8-4-2015; Ord. No. 2023-07, § 5, 7-18-2023)

(a)

Special use permit criteria. Special uses are compatible uses of land or the improvement of structures within a zoning district that reasonably require special consideration and therefore, are not allowed "by right." The following standards shall be considered in evaluating the appropriateness of all proposed special uses of property:

(1)

Impact on the use or development of adjacent properties, or the surrounding area, as concerns public health, safety or general welfare;

(2)

Capacity of the lot to accommodate the use and satisfy the dimensional requirements of the ordinance;

(3)

Compatibility with adjacent properties and other land uses in the vicinity;

(4)

Potential nuisance or hazardous characteristics, specifically as concerns the number of individuals projected to use such facility or nature of the activity;

(5)

Impact on traffic movement, availability of off-street parking, options for buffering or protective screening, hours and manner of operation, lighting, signs and access to the property; and

(6)

Conformance of the special use to other requirements of the ordinance.

The following additional standards are to be applied to applications for airport parking facilities, car rental agencies and commercial parking lots:

(b)

Airport parking facility standards.

(1)

No property which is dedicated exclusively to airport parking shall be considered for a special use permit.

(2)

Only properties zoned as C-2 or U-V shall be considered for a special use permit.

(3)

Applicants must document compliance with the current parking requirements for the permitted use and excess parking in an amount equal to the number of spaces proposed for airport parking. The number of airport parking spaces shall not exceed 10 percent of the parking requirement for the development.

(4)

New office or hotel developments may allocate up to 20 percent of the ordinance required parking for airport parking.

(5)

All properties on which airport parking is operated shall fully comply with the perimeter landscaping requirement of the ordinance. This standard shall apply to all new construction and existing development which shall be retrofit to achieve compliance.

(c)

Car rental agency standards.

(1)

Car rental agencies may only be established on properties zoned C-2.

(2)

Only minor mechanical repairs shall be conducted on-site; no body work shall be performed in association with a car rental agency.

(3)

Perimeter landscaped areas abutting a public right of way shall be the lesser of ten percent of the linear feet of road frontage or 30 horizontal feet. Perimeter landscaping along the common boundary of any residential use shall have a minimum horizontal dimension of 30 feet. All perimeter landscaping shall conform to the landscaping requirements of chapter 93, article 29.

(d)

Commercial parking lots.

(1)

Commercial parking shall be permitted as a customary accessory use or a principal use in the V, U-V, D-D, C-1 and C-2 zones.

(2)

Commercial parking lots established following the date of adoption of this ordinance shall be subject to all provisions of section 93-23-18, landscape requirements for vehicular use areas.

(3)

Any commercial parking lot that abuts a residential use or zoning district shall provide a landscaped buffer in compliance with section 93-3.2-6(c)3.

(Ord. No. 2013-02, § 2, 3-19-2013; Ord. No. 2020-4, § 3, 1-7-2020)