(a)

Public hearings. The city council may, after public hearing and proper notice to all parties affected, and after recommendation from the Leon Valley zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, issue specific use permits for the uses specified in section 15.02.381 and section 15.02.382.

(b)

Purpose of hearings. The purpose of such hearing by the city council shall be to determine that the granting of the specific use permit will not adversely affect the character and appropriate use of the area or substantially depreciate the value of adjacent and nearby properties for the use in accordance with the regulations of the zoning district in which they are located; that it will be in keeping with the spirit and intent of this article; that it will not adversely affect the implementation of the approved master plan; that it will comply with applicable standards of the district in which it is proposed to be located; and that it will not adversely affect traffic, public health, public utilities, public safety, and the general welfare of the city.

(c)

Applications. All applications for specific use permits shall be submitted to the zoning administrator, along with site plans drawn to scale and showing the general arrangement of the project, together with the locations of the buildings and proposed uses to be permitted; the means of ingress and egress to public streets; the type of visual screening including fencing to be installed, if necessary; the types, locations and design of proposed landscaping; and the location and existing ownership of all existing buildings within 200 feet of the property, along with the existing, surrounding zoning classifications of same. The administrative officer will then set a hearing date within a reasonable time, comply with the pertinent notice requirements according to state law and as otherwise resolved by the city council, and submit the application and all supporting documentation to the zoning commission for its review and action, and likewise to city council in its turn.

(d)

Conditions. No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall accept, agree to be bound by, and comply with the terms of the specific use permit in writing and in such form as may be approved or provided by the zoning administrator.

(e)

Time limit. A building permit shall be applied for, and designated work begun, within one year from the time of the granting of the specific use permit. The city council may authorize an extension of this time limit upon application by the owner prior to the expiration date of the time limit in effect. The fee for such application shall be as prescribed by ordinance for specific use permit hearing before the city council.

(1972 Code, sec. 30.3001; 2008 Code, sec. 14.02.661)

(a)

Where the proposed new construction of freestanding buildings, multi-tenant office buildings, shopping centers, trade centers, office/warehouses or industrial parks abuts any residential zoning district, a specific use permit must be obtained prior to the issuance of a building permit.

(b)

Land uses listed in the permitted use table as requiring a specific use permit shall be required to obtain a specific use permit prior to issuance of a certificate of occupancy, except as set out below:

(1)

A use which does not significantly alter an existing use by:

(A)

Adding to the value of an existing building, or group of buildings operated as a unit and for the same general purpose, by more than 50 percent.

(B)

Adding to the floor space of an existing building, or group of buildings operated as a unit and for the same general purpose, by more than 30 percent.

(2)

The owner(s) of freestanding buildings, multi-tenant office buildings, shopping centers, trade centers, office/warehouses or industrial parks may apply for a continuous specific use permit when it is anticipated that certain tenant uses listed in section 15.02.381 or section 15.02.382, are going to require repeated application for specific use permit.

(3)

Granting of the continuous specific use permit shall have the effect of exempting that use from the regular requirements of this article, so that use permits may be allowed throughout the entire freestanding building, multi-tenant office building, shopping center, trade center, office/warehouse or industrial park without individual specific use permits.

(1972 Code, sec. 30.3002; 2008 Code, sec. 14.02.662)

(a)

Application for a continuous specific use permit can be made for any use item listed in sections 15.02.381 (permitted use table), and 15.02.382. Each use for which a continuous specific use permit is sought shall be a separate and distinct application, with separate public hearings held, public notices given, and fees charged.

(b)

Denial of a continuous specific use permit does not prevent application for a specific use permit in the same multi-tenant office building, shopping center, trade center, office/warehouse or industrial park, for the same use.

(c)

A continuous specific use permit may be rescinded for the next tenant if the conditions under which the continuous specific use permit was granted are substantially changed.

(d)

Application for a continuous specific use permit shall be made by the owner(s) of the freestanding building, multi-tenant office building, shopping center, trade center, office/warehouse or industrial park.

(1972 Code, sec. 30.3003; 2008 Code, sec. 14.02.663)

Every specific use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the administrative officer for the use of the building(s) on such property pursuant to said permit; and such conditions shall not be construed as conditions precedent to the granting of such permit, or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(1972 Code, sec. 30.3004; 2008 Code, sec. 14.02.664)