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Lowry Crossing City Zoning Code

§ 18

SUP SPECIAL USE PERMIT DISTRICT.

18-1 
The SUP Special Use Permit District is a specific zoning classification. The uses that normally fall into this specific use category are uses that have unique characteristics that may, depending on the location of the property, require different conditions and regulations not otherwise listed under the basic zoning districts. For this reason, when an applicant seeks a change of zoning for a use listed in the Specific Use Section, the Planning & Zoning Commission may recommend, and the City Council may impose, necessary additional special zoning conditions. The adoptive ordinance may establish requirements by reference to the basic zoning ordinance or may list such specific conditions or requirements in the ordinance or on an attached plan.
18-2 
Property zoned for a special use retains or shall be given a “basic” zoning classification, so that the special use shall be in addition to the authorized uses under the basic zoning of the property. The Basic Land Use District regulations shall be applicable for any permitted use other than the “special use.” Also, the Basic Land Use District regulations shall apply to the “special use” unless changed at the time of the grant of the special use permit zoning. Therefore, any special condition or regulation established by the grant of the special use shall control the special use and supersedes any conflicting basic condition or regulation, however, where the grant of the special use is silent as to a condition or regulation that is imposed by the basic classification of the property, the basic condition or regulation shall control. UPON THE GRANT OF A SPECIAL USE ZONING CLASSIFICATION THE “BASIC” CLASSIFICATION MAY BE ESTABLISHED AS THE “TR1” DISTRICT. See Section 6.
Where, the “TR1” district has been established as the “basic” classification for a Special Use, and the Special Use has been terminated or abandoned as herein provided, either the property owner or the City Council on its own motion, shall proceed with the establishment of a permanent zoning classification for such property.
18-3 
Any application for a change of zoning to a Specific Use Permit Classification shall be processed in the same manner as any other request for a zoning change, to wit: A proper application; public hearing before the Planning and Zoning Commission; public hearing before the City Council; and final adoption of an ordinance amending the Comprehensive Zoning Ordinance and the Zoning Map of the City.
18-4 
USE REGULATIONS:
A building, structure or premises used for any of the following purposes shall be permitted only upon the grant of a Specific Use Permit Zoning District Classification.
Airport, Private
Airport, Public
Amusement & Video Games, indoor
Amusement Facility, outdoor
Amusement, Fairgrounds
Amusement, Rodeo Arena
Amusement, Temporary Amusement Approved By Council
Animal Hotel, with Outside Kennel or Pens
Auto Repair, with Outside Storage
Auto, Car Rental Office & Vehicle Storage Lot
Auto/Vehicle Wrecking & Parts Yard
Automobile, Used Sales
Boarding & Rooming Houses
Broadcasting Facilities & Towers
Building Materials Sales.[,] outside storage
Cemetery
Churches
Day Care Center
Equestrian Center
Event Center
Golf Courses & Driving Ranges
Gun & Shooting Ranges
Heliport
Homeschool Resource Center
Hospital
Hotel
Libraries, Public
Lodges & Fraternal Orders
Manufactured Home
Manufactured Home Park
Mining Activity
Mobile Home Sales
Mortuary
Motel
Motorcycle Sales & Service
Movie Theater, Outdoor
Night Club
Nursing Home
Office Building
Package Store
Petroleum or Gas Extraction
Post Office
Private Club
Public Utility Services Uses
Radio, amateur sending or receiving devices
Radio, TV, & Microwave Receiving Dish
Restaurant, drive-in type
Riding Academy
Rodeo Area
Sand & Gravel Extraction
Sand, Gravel, Soil Storage & Sales
Schools, Business & Trade
Schools, Private
Schools, Public
Self-Storage Facility
Stadium
Television Studio
Temporary Batching Plant
Thrift Shop
Wholesale Sale of Alcoholic Beverages
Winery/Distillery (295)
18-5 
APPLICATION FOR SPECIFIC USE PERMIT ZONING.
In addition to any other provision in this ordinance regulating applications for zoning change, an application for zoning change requesting a Specific Use Permit District Classification shall be accompanied by a site plan containing the following information:
(1) 
Date, scale, north point, name of owner, name of person preparing the site plan.
(2) 
Location of existing boundary lines and dimensions of the tract.
(3) 
Minimum building setback dimensions adjacent to all property lines.
(4) 
Drawings and data necessary to show the full scope of the facility.
(5) 
Designation of the location and size of points of ingress and egress.
(6) 
The centerline of any existing watercourse, drainage feature or floodway easement.
(7) 
The location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request.
(8) 
In addition to the site plan, an area map shall be required indicating the neighborhood in which the property is located and showing the existing zoning of adjacent properties.
(9) 
Where screening, landscaping or a drainage study may be essential to the granting of the specific use permit, the applicant, to avoid delay or denial in the processing of his request, should provide an adequate screening plan, landscaping plan or drainage study. The screening plan and landscaping plan may be separate plans or a part of applicant’s site plan.
18-6 
APPLICATION FOR A USE NOT SPECIFICALLY NAMED
Any applicant seeking a land use not otherwise authorized by the Comprehensive Zoning Ordinance, as amended, or as listed in this section, may make application to amend this section to include the unlisted use and may at the same time make application for a Specific Use Zoning Change for such use, on a specific property. In such a case both amendments may be heard at the same time by the Planning and Zoning Commission; may be heard at the same time by the City Council; and the adoptive ordinances may be acted upon by the City Council on the same date.
18-7 
SPECIAL FACTORS FOR CONSIDERATION
In granting or denying an application for specific permit zoning district classification, the Planning and Zoning Commission in its recommendation and the governing body of the City, may take into consideration the following factors:
(1) 
Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(2) 
Safety from fire hazards, and measures of fire control.
(3) 
Protecting the property, adjacent property, and other properties within the City from flood or water damage.
(4) 
Noise-producing elements, glare of vehicular and stationary lights and the effect of such noise and lights on the established character of neighboring property.
(5) 
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
(6) 
Adequacy of on-site and off-site parking facilities; location of ingress and egress points for parking and off-street loading and the surfacing of all parking areas to control dust and for the protection of public health.
(7) 
Such other measures as will secure and protect public health, safety, morals and general welfare.
(8) 
Off-street parking, unless specifically regulated in the ordinance adopting the specific use permit zoning classification, shall be governed by other applicable provisions of the Comprehensive Zoning Ordinance or other applicable ordinances of the City.
(9) 
The economic and/or environmental impact the use may have on property within the City as a whole, as well as on adjacent property, and whether an economic and/or environmental impact study should be submitted as a part of the application for Specific Use Permit.
(10) 
The aesthetic appearance of the use, and other sensory effects that the use may have on the established character of the neighborhood, its property and the property within the City as a whole.
18-8 
COMPLIANCE WITH SITE PLAN
(1) 
All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan and/or the development plan which shall be made a part of the adoptive ordinance. After adoption of the ordinance that grants the Special Use zoning change, the City Council, upon finding that a requested site plan change is a minor change that will not adversely impact adjacent or other properties within the City, may authorize by written order, the minor alteration to the site plan, without further notice, public hearings, reports from the Planning and Zoning Commission or amendment to the original ordinance. The Council’s Order shall be attached to or filed with the original ordinance. Provided, however, no such amendment to the site plan should be made that would conflict with the final subdivision plat of such property after the final plat has been approved by the City and filed of record.
(2) 
A special use zoning classification “runs with the land” and a new owner may continue the special use. Provided, however, a new special use zoning change will be required if there is any deviation from the approved plan or change in the manner in which the use is conducted.
18-9 
DESIGNATION OF ZONING MAP
On the official zoning map of the City, a Special Use Permit District shall bear the prefix designation of the Base Zoning and “SUP” followed by the ordinance number granting the specific use permit classification.
For example, a property with a base zoning classification of “O” Office that is granted a special use permit zoning classification for operation of a Television Studio, should be designated in the adoptive ordinance as having a zoning classification of “O” Office with a Special Use Permit to operate a Television Studio and on the zoning map designated as “O” SP followed by the adoptive ordinance number.
18-10 
SPECIAL FACTORS FOR CONSIDERATION FOR MOBILE HOMES
(1) 
“Mobile home” means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.
(2) 
Mobile Homes, being structures that are not likely to be constructed in accordance with federal standards, are not permitted in the city. Provided, however, the Planning and Zoning Commission may under extraordinary circumstances recommend a special use permit which would be subject to any conditions or restriction imposed by the granting ordinance.
18-11 
SPECIAL FACTORS FOR CONSIDERATION FOR MANUFACTURED HOMES
(1) 
Manufactured Homes Defined
“HUD-code manufactured home” means a structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development or, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
“Federal Manufactured Home” means a structure transportable in one or more sections, constructed according to “Federal Manufactured Home Construction and Safety Standards” (42 USCA Chapter 70, § 5401 to end) which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacture has complied with the above-mentioned federal manufactured home construction standards.
(2) 
Construction and Construction Safety Standards Of Manufactured Homes, Not Considered.
The handling of a special use application for a HUD-code manufactured home or a Federal Manufactured Home shall be done as in the case of any other special use request, and in granting or denying an application for such a special use permit the Planning and Zoning Commission in its recommendation, and the City Council its final decision, may take into consideration any matter it might consider in regard to any other application for a special use permit. Provided, however in considering such request, construction standards and construction safety standards may not be considered. Therefore, construction or construction safety standards of the city, applicable to houses built using conventional methods, and other standards dealing with the quality of construction of HUD-code manufactured homes or Federal Manufactured Homes, shall not be imposed as a condition of a special use permit for such a home. Quality of construction and construction safety standards for such homes, having been preempted by federal law and state law, shall not be considered an adequate basis for failure to approve a HUD-code manufactured home, or a Federal Manufactured Home.
(3) 
Size and Design of Manufactured Homes May be Considered.
The City Council finds that HUD-code manufactured homes and Federal Manufactured Homes, like houses built using conventional methods, vary in size and design. That the terms are so broadly defined that they can include structures ranging from elaborate residential dwellings to structures that in size and design give the appearance of mobile homes which are not permitted within the city except under extraordinary circumstances. That when size and design are unregulated such structures may (i) fail to protect property values of other property within the city; (ii) fail to protect property values of other adjacent HUD-code manufactured homes or Federal Manufactured Homes; or (iii) fail to protect property values of other adjacent homes built using conventional methods. Therefore, in considering requests for special use permit zoning for Single-Family HUD-code manufactured homes or Federal Manufactured Homes, size and design conditions may be imposed for the purpose of protecting property values.
(4) 
All other requirements of the basic zoning district of such special use permit, including but not limited to, garage requirements, parking regulations, minimum lot size, minimum structure size, exterior masonry, yard size, accessory buildings, and driveways, shall be complied with even though not listed in the ordinance granting the special use classification.
(Ordinance 110 adopted 8/3/99; Ordinance 332 adopted 12/10/19)