The purpose of a specific use permit is to allow compatible and orderly development of uses which may be suitable in a zoning district only if developed in a specific way. A specific use permit shall be obtained when required by any section of this chapter.

(Ord. 2001-581, passed 8-16-01)

(A)

Where a permit is required, the property owner shall make application on a form prescribed by the city.

(B)

For a permit application where there is new construction on the subject property, the application shall include a site plan drawn to scale to indicate the following:

(1)

Location of all structures on the subject property and on adjoining properties;

(2)

Landscaping and fencing;

(3)

Setback areas and proposed changes;

(4)

Design of ingress and egress;

(5)

Off-street parking and loading facilities;

(6)

Height of all structures;

(7)

Proposed uses; and

(8)

Location and types of all signs and lighting, including heights and degree of illumination.

(C)

For a permit application where there is no new construction, the application shall include a photograph of the subject property or a site plan drawn to scale to indicate the following:

(1)

Location of all structures on the subject property and on adjoining properties;

(2)

Landscaping and fencing;

(3)

Setback areas and proposed changes;

(4)

Design of ingress and egress;

(5)

Off-street parking and loading facilities;

(6)

Height of all structures;

(7)

Proposed uses; and

(8)

Location and types of all signs and lighting, including heights and degree of illumination.

(D)

The fee for a permit application shall be established by the City Council and is non-refundable.

(Ord. 2001-581, passed 8-16-01; Am. Ord. 2010-686, passed 5-6-10)

The application shall be referred to the Planning and Zoning Commission for consideration. Procedures before the Planning and Zoning Commission shall be in accordance with § 153.116. The Planning and Zoning Commission shall recommend approval or denial of the permit application to the City Council. The Commission may condition its recommendation for approval upon agreement by the applicant to additional reasonable restrictions or conditions which in the opinion of the Commission are required to mitigate adverse effects of the proposed use and ensure that the proposed use will not adversely affect traffic, public health, public utilities, public safety, and the general welfare of the community. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing, sidewalks, and fencing.

(Ord. 2001-581, passed 8-16-01)

The City Council shall act upon a recommendation from the Planning and Zoning Commission. Proceedings before the City Council shall be in accordance with the requirements of § 153.116. The City Council may approve or disapprove the application or may condition its approval upon such additional reasonable restrictions and conditions as it deems appropriate.

(Ord. 2001-581, passed 8-16-01)

Use of property without compliance with the terms of a specific use permit shall be a violation of this chapter subject to enforcement and remedies set forth in § 153.117.

(Ord. 2001-581, passed 8-16-01)

No specific use permit shall be issued unless the applicant for and holder of the specific use permit shall, in writing, accept and agree to be bound by and comply with the terms of the specific use permit. Acceptance shall be in such form as may be provided or approved by the City Manager.

(Ord. 2006-622, passed 8-17-06)