An applicant may submit an application for those land uses listed as permitted by specific use permits (SUP), under the particular zoning districts in article 14.02 of this code.

(Ord. No. 565, § 2, 2-19-2020)

(a)

The process for a SUP is outlined below. An application for a SUP will be scheduled for action once staff and the applicant have had the opportunity to review and finalize the requirements of the SUP. Dates for public hearings and action will be scheduled once review of the application is complete. Subsections (2) and (3) may be repeated until all comments are addressed or the applicant submits a written request for the proposal to be reviewed by the planning and zoning commission.

(1)

A pre-development meeting is required to discuss the proposed development and to determine whether the property and proposal meet the criteria for a SUP at the proposed location.

(2)

Upon application submittal, the director of development services will review the application and submit comments to the applicant not later than ten business days following the date that the application was submitted.

(3)

The applicant can revise the proposal based on the director's comments.

(4)

The application will be scheduled for public hearing by the planning and zoning commission with appropriate notifications, once:

(A)

All comments from the director of development services have been addressed; or

(B)

The applicant submits a written request for the proposal to be reviewed by the planning and zoning commission.

(5)

The planning and zoning commission shall consider the application following a public hearing and provide a recommendation with any associated conditions to city council. The planning and zoning commission shall determine if the application meets the requirements outlined in section 14.03.004 and article 14.02.

(6)

The city council must conduct a public hearing and act on the proposed creation of a SUP according to the criteria outlined in sections 14.03.003 through 14.03.005.

(7)

If approved, the city staff must amend the official zoning map to indicate a SUP has been approved.

(8)

Land within the SUP can then be used or developed in conformance with the adopted standards.

(Ord. No. 565, § 2, 2-19-2020)

(a)

When requesting a special use permit, the applicant shall submit a completed application including the following:

(1)

A completed application;

(2)

The street address, location, and legal description of the subject property;

(3)

A certified boundary survey of the land area subject to the request, along with an indication of the existing zoning, predominant existing uses, and existing zoning designations within 300 feet in all directions of the boundary of the land area subject to the request;

(4)

Mailing labels of the legal mailing addresses of the surrounding property owners within 300 feet of the exterior boundary of the parcel proposed to be considered;

(5)

A tax certificate from the county treasurer showing the status of all current taxes due on such parcel;

(6)

A statement by the applicant explaining the rationale for the SUP request;

(7)

A concept plan including:

(A)

Number and location of access points to the property, proposed structures and uses with particular reference to automotive, bicycle, transit and pedestrian safety and convenience; traffic flow and control; emergency access; and location of off-street parking, loading spaces, and service areas;

(B)

General compatibility and appropriateness of the permitted use in relationship to other nearby properties and uses, including consideration of lighting, signage, and hours of operation, screening/buffering, landscaping, noise/odors, and other factors;

(C)

Compliance with the goals and objectives of the comprehensive plan.

(8)

The required fee in accordance with appendix A of this code; and

(9)

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the SUP, if granted, would be compatible with surrounding development.

(Ord. No. 565, § 2, 2-19-2020)

The city council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after receipt of recommendations from the planning and zoning commission that address whether the uses are in general conformance with the comprehensive plan, general objectives of the city and are subject to such requirements and safeguards as are necessary to protect adjoining property, authorize the application, which shall be accompanied by: A proposed site plan 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 special requirements 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 300 feet. The planning and zoning commission or city council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.

(Ord. No. 565, § 2, 2-19-2020)

(a)

In recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such proposed use(s) 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, area or security lighting, heights of structures and compatibility of buildings. The planning and zoning commission and city council shall consider the following criteria in determining the appropriateness of the specific use permit request:

(1)

Whether the use is harmonious and compatible with its surrounding existing uses or proposed uses;

(2)

Whether the activities requested by the applicant are normally associated with the requested use;

(3)

Whether the nature of the use is reasonable; and

(4)

Whether any adverse impact on the surrounding area has been mitigated.

(Ord. No. 565, § 2, 2-19-2020)

(a)

In granting a specific use permit, the city council may impose conditions that the owner or grantee must comply with before the building official may issue a certificate of occupancy 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. Any special conditions shall be set forth in the ordinance approving the SUP. The building official and/or director of development services shall verify compliance with such conditions prior to issuance of the certificate of occupancy.

(1)

No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit are willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing (or drawings).

(2)

A building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise changed provided these changes do not:

(A)

Increase the height of structures, including antenna support structures;

(B)

Increase building square footage from its size at the time the original specific use permit was granted by more than ten percent;

(C)

Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply if the property and the residential use are separated by a major thoroughfare depicted on the city's transportation master plan; or

(D)

Reduce the amount of landscape area by more than ten percent, as indicated in the approved specific use permit.

(E)

All other enlargements, modifications, structural alterations, or changes shall require the approval of a specific use permit amendment. Antennas may be placed on a tower with an existing specific use permit without approval of a specific use permit amendment subject to approval of a final plat and site plan for the property.

(b)

The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination or ruling with respect to the specific land use designated by any specific use permit.

(c)

When the city council authorizes granting of a specific use permit, the official zoning district 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 prefixed by an "S" designation. Specific use permits granted shall be indicated by numerical designation on the zoning district map.

(d)

Upon holding a properly notified public hearing, the city council may amend, change or rescind a specific use permit if:

(1)

There is a violation and conviction of any of the provisions of this chapter or any provision of the city code that occurs on the property for which the specific use permit is granted;

(2)

The building, premises, or land used under a specific use permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of an amended specific use permit for such enlargement, modification, structural alteration or change;

(3)

Violation of any provision of the terms or conditions of a specific use permit;

(4)

The specific use permit was obtained by fraud or with deception; or

(5)

A site development permit has not been secured for the development within 24 months from the date of approval by the city council. If a site development permit has been approved, the specific use permit will remain valid until such time the approved site development permit has expired. Once a site, governed by a SUP, has received a certificate of occupancy, the SUP shall remain in full force and effect provided the conditions of the SUP are satisfied and maintained.

(Ord. No. 565, § 2, 2-19-2020)