Italy City Zoning Code
§ 21 “SUP
SPECIFIC USE PERMITS.
21.1
Specific Uses:
The specific use permit (“SUP”) provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood. Because of the unique character of a specific use, substantial review and investigation may be required by the City to ensure the appropriateness of the use.
The City Council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Comprehensive Plan and zoning requirements of the City and containing such requirements and safeguards as are necessary to protect adjoining property, approve the specific use permit, which must be accompanied by a site plan (see Subsection 21.2) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and instruction [construction] of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred feet (200'). The Planning and Zoning Commission or City Council may require information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
21.2
Site Plan Requirements:
A.
A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas
B.
A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playground, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet (5')
C.
A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking
D.
A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted
E.
An architectural plan showing elevations and signage style to be used throughout the development in all districts, except single-family and two-family, may be required by the Planning and Zoning Commission or City Council if deemed appropriate
F.
All Site Plans may have supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development District which is to be included in the text of the amending Ordinance
21.3
Specific Use Permit Regulations:
A.
In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
B.
In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the certificate of occupancy.
C.
No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Special Use Permit, as attached to the site plan drawing (or drawings) and approved by the Planning and Zoning Commission and City Council. No public hearing is necessary for site plan approval.
D.
A building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. After six (6) months from the date of approval has elapsed, the Planning and Zoning Commission and City Council may review the site plan at any time.
E.
No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alteration, or change.
F.
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such Specific Use Permit.
G.
When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and suffixed by an “SUP” designation.
H.
The district regulations of the base zoning district shall apply unless specifically revised on the site plan or attached written documentation.
21.4
Use Regulations:
A building or premise used for any of the following purposes shall be permitted by specific use permit only unless allowed by right in a specific zoning district.
21.5
“AG” - Agricultural District
1.
Airport (public or private)
2.
Accessory dwelling unit
3.
Asphalt or concrete batching plant (temporary)
4.
Boarding or lodging house
5.
Broadcasting facilities including towers
6.
Carnival or circus (by resolution of City Council for specific time period)
7.
Cemetery
8.
Charitable organizations other than churches
9.
Construction office (by authority of the building official for specific time periods)
10.
Country clubs or golf courses and related uses such as driving ranges but not including other forms of commercial amusement such as miniature golf
11.
Day nursery or child care center
12.
Dirt storage or sales
13.
Electric substation, transmission line or other public service utilities
14.
Greenhouse or plant wholesale (commercial)
15.
Garden or farm equipment sales
16.
Heliport or helistop
17.
Hospital
18.
Kennel, inside or outside
19.
Microwave tower (commercial, in excess of forty feet (40'))
20.
Mobile home or modular home 20.[.1]
22.
Parking lot
23.
Rodeo arena
24.
Sand or gravel extraction or storage and other mining activities
25.
Seasonal fruit and vegetable sales
26.
Sewage treatment plant (privately operated)
27.
Stable, commercial
28.
Stadium (public or private)
29.
University, college or parochial school and related facilities
30.
Zoo (public)
21.6
“RE” - Residential Estate District:
1.
Accessory dwelling unit
2.
Airport (private)
3.
Cemetery
4.
Charitable organizations other than churches
5.
Concrete batching (temporary only, for period not to exceed six (6) months, approved by the building official)
6.
Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf
7.
Day nursery or day care
8.
Greenhouse and plant sales
9.
Home occupation (businesses requiring more than one employee and customer who frequent the establishment)
10.
Hospital and related uses
11.
Microwave tower (commercial)
12.
Modular home
13.
Museum (private)
14.
Public utilities such as electric substation and transmission line (installations such as electric substations, gas regulating stations, etc., and office, repair, storage or production facilities must be located more than 100 feet from residential units)
15.
Riding academy or other equestrian related facilities, commercial stables
16.
Sewage treatment plant (private)
17.
Stadium
18.
University, college or parochial school and related facilities (public or private)
21.7
“SF-1” - Single-Family Residential District - 1; “SF-2” - Single-Family Residential District - 2; “SF-3” - Single-Family Residential District - 3; “2F” - Two-Family Residential District; “MF-1” - Multiple-Family District; “MH” - Mobile Home District:
1.
Airport (public or private)
2.
Bed and breakfast operation or tourist court
3.
Cemetery
4.
Charitable organization other than churches
5.
Country Club or golf course and related uses such as driving ranges, but not including similar forms of commercial amusement such as miniature golf
6.
Day nursery or day care center
7.
Home occupation (businesses requiring more than one employee and customer who frequent the establishment)
8.
Hospital
9.
Microwave tower
10.
Modular home
11.
Museum
12.
Patio homes, single-family attached, townhouses or zero lot line dwellings
13.
Public utilities such as electric substation and transmission line (installations such as electric substations, gas regulating stations, etc., and office, repair, storage or production facilities must be located more than 100 feet from residential units)
14.
Sewage treatment plant (private)
15.
Stadium
16.
University, college or parochial school and related facilities (public or private)
21.8
“CBD” - Central Business District
1.
Antique shop
2.
Broadcasting facilities, radio, television or microwave tower
3.
Carnival (by resolution of City Council for specific time period)
4.
Carwash
5.
Cemetery
6.
Commercial amusement (indoor only)
7.
Electric substation, transmission line or other public use utilities
8.
Exhibition hall
9.
Instrument testing
10.
Janitor service
11.
Laboratory
12.
Mortuary or funeral parlor
13.
Television studio
21.9-A
“R-1” - Retail
1.
Antique shop (outside display)
2.
Airport (public or private)
3.
Bowling alley
4.
Broadcasting facilities, radio, television or microwave tower
5.
Candle manufacturing
6.
Candy manufacturing
7.
Carnival (by resolution of City Council for specific time period)
8.
Cemetery
9.
Fairgrounds
10.
Food sales (primarily serving drive-in customers)
11.
Garden center (with outside storage)
12.
Heliport or helistop
13.
Indoor commercial amusement and amusement arcade
14.
Instrument manufacturing or testing
15.
Office showroom
16.
Open storage uses
17.
Rodeo or other sports arena
18.
Telegraph office
19.
University or parochial school and related facilities
20.
Zoo (public)
21.9-B
“CH”- Commercial Highway
1.
Any uses permitted in the “R” Retail District
2.
Airport (public or private)
3.
Antique shop (outside display)
4.
Apartments constructed to MF-1 standards
5.
Bowling alley
6.
Broadcasting facilities, radio, television or microwave tower
7.
Candle manufacturing
8.
Candy manufacturing
9.
Carnival (by resolution of City Council for specific time period)
10.
Cemetery
11.
Commercial amusement, but not including drag strips, auto, motorcycle or go-cart racing
12.
Community Center, public or private
13.
Fairgrounds
14.
Food sales (primarily serving drive-in customers)
15.
Garden center (with outside storage)
16.
Heliport or helistop
17.
Hotel or Motel
18.
Hospital or Nursing Home
19.
Indoor commercial amusement and amusement arcade
20.
Instrument manufacturing or testing
21.
Museum
22.
New car sales (used car sales permitted only as an incidental use to the main use)
23.
Office showroom
24.
Open storage uses
25.
Restaurant, with drive-in service
26.
Rodeo or other sports arena
27.
Telegraph office
28.
University or parochial school and related facilities
29.
Zoo (public)
21.10
“C-1” - Commercial
1.
Airport
2.
Automobile, truck or mobile home display or sales (new or used)
3.
Boat storage
4.
Butane storage and sales
5.
Candle manufacturing
6.
Candy manufacturing
7.
Cemetery
8.
Concrete batch plant (temporary permit issued by the City)
9.
Electric substation, transmission line or other public use utility
10.
Electronic manufacturing
11.
Heliport or helistop
12.
Indoor sports, recreation and entertainment
13.
Instrument manufacturing or testing
14.
Kennels (outside)
15.
Motion picture theater (outdoor)
16.
Motor freight terminal
17.
Moving and storage company
18.
Nursing home or home for the aged
19.
Private club
20.
Rodeo or other sports arena
21.11
“LI” - Light Industrial
1.
Adult or sexually oriented uses (adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios)
2.
Airport
3.
Arsenal, explosives or fireworks manufacturers
4.
Auto salvage or junkyard
5.
Cemetery
6.
Coal, coke or wood yard
7.
Concrete or asphalt batching plant
8.
Drive-in theater
9.
Electric substation, transmission line and other public use utility
10.
Feedlot
11.
Gravel, sand, stone or petroleum extraction
12.
Gun club or shooting range
13.
Lumber mill
14.
Other mining activities
15.
Petroleum products storage
16.
Planing mill
17.
Printing plant
18.
Rooming house or boarding house
19.
Metal exterior construction
20.
Any process which refines raw materials
(Ordinance 173 adopted 6/7/88; Ordinance 040706, sec. 4, adopted 7/13/04; Ordinance 090112, sec. 5, adopted 1/22/09)