Certain uses of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate in certain districts where adequate precautions can be taken to ensure the compatibility of the use with surrounding uses. It is the intent of this article to allow for such uses, if not otherwise allowed as a permitted use, conditional use, or accessory use, by the granting of a special use permit, subject to the same procedures applicable to a rezoning.

(Ord. No. 54, art. 4, § 4-501, 12-4-1958)

Effective on: 1/1/1901

No building, structure, land, or premises shall be used, nor shall any building or structure be erected, constructed, reconstructed, or altered, for one or more of the following special uses, without the issuance of a special use permit by the city council after recommendation thereon by the planning commission. Any such approved use shall be subject to the development standards set forth in section 74-329.

1. Adult uses and adult entertainment uses: I-1 district.
2. Airports or aviation fields, heliports and helicopter landing pads: C or I districts.
3. Assembly halls, fraternal lodges, neighborhood centers, or community centers: R, C or I districts.
4. Building structures or premises for public utility services or public service corporations: R, C or I districts.
5. Cemeteries, mausoleums or crematories for the disposal of the dead: R, C or I districts.
6. Clubs and drinking establishments: C-2, C-3, or I-1 districts.
7. Drive-in theaters: I-1 district.
8. Group residences: R districts.
9. Hospitals, nursing or convalescent homes, congregate care facilities and retirement housing: R or C districts.
10. Animal-related businesses and/or organizations with outdoor animal runs, kennels or other outdoor storage or treatment of animals: C-2, C-3, or I-1 districts.
11. Off-street parking lots or structures as a principal use, of a temporary or permanent nature: C or I districts.
12. Oil or gas drilling and production: I-1 district.
13. Outdoor storage areas: C-2, C-3 or I-1 districts.
14. Outdoor storage of inoperable vehicles by automotive repair establishments: I-1 district.
15. Penal or correctional institutions: C-2, C-3 or I-1 districts.
16. Radio, television, microwave, or other wireless communication towers: As set forth in ARTICLE VI of this chapter.
17. Reservoirs, water towers, filter beds or water treatment plants: C or I districts.
18. Residential real estate sales offices: R districts.
19. Sales and display areas for manufactured homes, mobile homes or modular housing: C-3 or I-1 districts.
20. Sports or recreation facilities of all types, private: C or I districts.
21. Taverns, dance facilities, amusement centers and arcades: C-2, C-3 or I-1 districts.
22. Temporary use of land for commercial or industrial purposes, as a principal or accessory use: C or I districts.
23. Vehicle storage lots for the storage of automobiles, trucks, busses, machinery, or other wheeled vehicles with or without associated office, service, or other support facilities: I-1 district.

(Ord. No. 54, art. 4, § 4-502, 12-4-1958; Ord. No. 1344, § 1, 12-28-1998; Ord. No. 1703, § 3(4-502), 7-22-2013; Ord. No. 1779 , § 7, 3-12-2018)

Effective on: 1/1/1901

It shall be presumed that any use listed in section 74-327 shall not be permitted in the city without a special use permit unless that use is also specifically listed as a permitted use or conditional use in a given zoning district.

(Ord. No. 54, art. 4, § 4-503, 12-4-1958)

Effective on: 1/1/1901

1. In considering special uses, the planning commission and city council shall consider the factors for a rezoning as set forth in Chapter 50.
2. At the time of approval of any special use permit, the city council may impose such restrictions as to height or bulk of buildings or structures, yard and lot area requirements, parking requirements, open space or landscaping requirements, fencing requirements or other requirements determined to be reasonably necessary for the protection of the public health, safety and welfare of the neighborhood and the community at large. Further, the city council may require that the applicant submit a site development plan for approval by the staff, planning commission or city council prior to the issuance of any building or land use permit.
3. Except where a longer or shorter time has been stated for a specific special use, or is required as a condition of the granting of a special use permit, and except as provided below, the maximum time period for any special use permit, or any extension thereof, shall be ten years from the date of its issuance. In cases of extreme hardship, the city council may consider granting a permit, or extension thereof, for such period as is warranted under the circumstances.
4. Renewal of a special use permit is not a matter of right. The same discretion shall attach to a decision to renew a special use permit as existed in the original decision to grant or deny that permit; provided, however, that in considering the decision to grant or deny renewal, any factor which would be relevant to consideration of revocation shall also be relevant to consideration of renewal.
5. In addition to the general standards set forth in this section, the following specific standards shall apply to special use permits:
   1. Adult uses and adult entertainment uses.
      1. No permit shall be granted unless the distance between the property within which the operation is located and the property line of the nearest residentially zoned property is in excess of 200 feet and the distance between the property within which the operation is located and the property line of the nearest school, church, library, auditorium, or public building used by the public is in excess of 500 feet.
      2. No permit shall be approved unless a determination is made that the impacts of traffic access and parking, noise and litter will not adversely affect the surrounding neighborhood.
      3. In no case shall the noise generated by the operation or its patrons exceed 60 dB(A) at any point along any property line of residentially zoned property.
      4. All facilities shall provide enclosed trash structures either inside or outside of the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation for the facility.
      5. On-site parking shall be provided at the rate of one parking space for each two occupants, to be calculated by building code standards. Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for other establishments except in the case of shopping centers in excess of 300,000 total square feet.
      6. The initial special use permit may be granted for a period of up to 12 months, with renewals for one-year periods thereafter provided all standards of performance are being met.
   2. Airports or aviation fields, heliports and helicopter landing pads. At the time of approval of any permit for an airport or aviation field, heliport or helicopter landing pad, the city council may impose such restrictions on land buildings or structures within an approach or transition plane or turning zone as is necessary to promote safety of navigation and to prevent undue danger from confusing lights, electrical interference or other hazards. The city council shall consider the need for such facility and shall consider the impacts on nearby or surrounding residential areas.
   3. Assembly halls, fraternal lodges, neighborhood centers, or community centers.
      1. No permit shall be approved unless a determination is made that the impacts of traffic access and parking, noise and litter will not adversely affect the surrounding neighborhood.
      2. In no case shall the noise generated by the operation or its patrons exceed 60 dB(A) at any point along any property line of residentially zoned property.
   4. Clubs or drinking establishments.
      1. No permit shall they grant unless the distance between the property within which the operation is located and the property line of the nearest residentially zoned property is in excess of 200 feet and the distance between the property within which the operation is located and the property line of the nearest school, church, library, auditorium, or public building used by the public is in excess of 500 feet.
      2. No permit shall be approved unless a determination is made that the impacts of traffic access and parking, noise and litter will not adversely affect the surrounding neighborhood.
      3. In no case shall the noise generated by the operation or its patrons exceed 60 dB(A) at any point along any property line of residentially zoned property.
      4. All facilities shall provide enclosed trash structures either inside or outside of the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation for the facility.
      5. On-site parking shall be provided at the rate of one parking space for each two occupants, to be calculated by building code standards. Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for other establishments except in the case of shopping centers in excess of 300,000 total square feet.
      6. An initial permit may be issued for a maximum time period of three years. Subsequent renewals may be issued for a maximum time period of five years; provided, however, that establishments within facilities such as convention centers, hotels, motels, or similar structures determined not to have traffic, parking, noise, litter or other adverse impacts on surrounding properties, may be issued a special use permit for an indefinite time period.
   5.  Group residences.
      1. On-site off-street parking spaces shall be provided as follows: one space for each staff member at maximum shift plus one space for each occupant 16 years of age or older unless the permit is conditioned so as to prohibit occupant vehicles on or at the premises.
      2. All off-street parking spaces shall be screened from adjacent properties located within a residential district or containing a residential use with solid walls or fencing a minimum of six feet and a maximum of eight feet in height.
      3. An initial permit may be issued for a maximum time period of two years. Subsequent renewals may be issued for a maximum time period of five years.
   6.  Outdoor storage areas.
      1. Outdoor storage shall not be located in any required front yard and shall not be located forward of any front building line. Any area used for outside storage must be fully enclosed with a solid wall or fence no less than six feet and no greater than eight feet in height. Any outdoor storage area shall be graded to properly drain and shall be paved with asphalt or concrete or other hard surface as set forth in section 74-535(e)(2).
      2. Any application for a special use permit for outside storage shall list the items or types of items to be stored within the outside storage area. No items or types of items shall be stored within an outside storage area unless such items are included in the list of materials approved for storage by the city council in the special use permit.
      3. All items stored within an outdoor storage area shall be stored so as to not be visible from any public right-of-way unless specifically exempted from such requirement in the permit.
      4. Any special use permit issued for an outdoor storage area shall be strictly subject to the condition that the city reserves the right to inspect the outdoor storage area at any reasonable time during normal business hours for compliance with the terms of the conditions of the permit. Any refusal to allow such inspection shall be grounds for the revocation of such special use permit.
   7. Outdoor storage of inoperable motor vehicles by automotive repair; establishments. Outdoor storage of inoperable motor vehicles by automotive repair establishments may be only within areas effectively screened from view by solid fencing or other solid screening no less than six feet and no greater than eight feet in height. Outdoor storage areas for inoperable vehicles shall only be located to the rear or to the side of the principal building and shall not be located in any required front yard. Outdoor storage areas for inoperable vehicles must be hard surfaced with concrete or asphalt as for parking. The outdoor storage of an inoperable vehicle shall be limited to a period not exceeding 120 days.
   8. Radio, television, microwave, or other wireless communication towers as set forth in ARTICLE VI of this chapter.
   9. Residential real estate sales offices. Real estate sales offices which are not otherwise a permitted use in a residential subdivision or project, may be operated under a special use permit for the purpose of selling properties located within the subdivision or project under such conditions as may be imposed at the time of approval of the permit. No such permit shall be issued for a period exceeding two years. The precise location of any such real estate sales office within the subdivision or project shall be indicated on the application for the permit.
   10. Sales and display areas for manufactured homes, mobile homes or modular housing.
       1. Outdoor display or storage shall not be located in any required front yard nor within ten feet of any side lot line. All area used for display and storage shall be paved with asphalt or concrete as for parking. Any required front yard, except for access drives, shall be maintained as open space and appropriately landscaped in accordance with an approved landscape plan.
       2. All display, storage, or parking areas shall be screened from adjacent properties located within a residential district or containing a residential use with solid walls or fencing a minimum of six feet and a maximum of eight feet in height.
   11. Sports or recreation facilities of all types, private.
       1. No permit shall be approved unless a determination is made that the impacts of traffic access and parking, noise and litter will not adversely affect the surrounding neighborhood.
       2. All facilities shall provide enclosed trash structures either inside or outside of the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation for the facility.
   12. Taverns, dance facilities, amusement centers and arcades.
       1.  No permit shall be granted unless the distance between the property within which the operation is located and the property line of the nearest residentially zoned property is in excess of 200 feet and the distance between the property which the operation is located and the property line of the nearest school, church, library, auditorium, or public building used by the public is in excess of 500 feet.
       2. No permit shall be approved unless a determination is made that the impacts of traffic access and parking, noise and litter will not adversely affect the surrounding neighborhood.
       3. In no case shall the noise generated by the operation or its patrons exceed 60 dB(A) at any point along any property line of residentially zoned property.
       4. All facilities shall provide enclosed trash structures either inside or outside of the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation for the facility.
       5. On-site parking shall be provided at the rate of one parking space for each two occupants, to be calculated by building code standards. Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for other establishments except in the case of shopping centers in excess of 300,000 total square feet.
       6. The initial special use permit may be granted for a period of up to 12 months, with renewals for one-year periods thereafter provided all standards of performance are being met.
   13. Temporary uses of land for commercial or industrial purposes. Special use permits for temporary uses of land for commercial or industrial purposes may be granted for a period not to exceed two years, subject to renewal for one or more periods of time not to exceed a maximum of two years for each renewal. Any stored equipment or material shall be removed from the site on or prior to the date of expiration of the special use permit. This provision shall not be used as means of seeking approval for occupations which are not permitted as conditional uses in residential districts.
   14. Vehicle storage lots for the storage of operable automobiles, trucks, buses, machinery, or other wheeled vehicles.
       1. Outdoor storage or parking shall not be located in any required front yard nor within ten feet of any side lot line. All area used for storage or parking shall be paved with asphalt or concrete. Any required front yard, except for access drives, shall be maintained as open space and appropriately landscaped in accordance with an approved landscape plan.
       2. All storage, or parking areas shall be screened from adjacent properties located within a residential district or containing a residential use with solid walls or fencing a minimum of six feet and a maximum of eight feet in height.
       3. No wrecked, dismantled, partially dismantled, or inoperable vehicle shall be placed, stored, or parked on the premises unless contained within a completely enclosed building.
       4. All areas used for the parking or storage of vehicles shall be provided with proper markings delineating parking or storage spaces of appropriate length and width and clearly delineating driving aisles of sufficient width for the type and class of vehicles to be parked or stored. No vehicle shall be parked except in such properly marked parking spaces.
       5. Any area used for the storage or parking of vehicles shall conform to the requirements of the flood hazard protection and prevention, and stormwater management provisions of the Merriam Municipal Code. No motor vehicles containing fuel, oil, or other petroleum or hazardous products may be parked or stored within a designated flood hazard area unless the city council has approved a feasible emergency plan for the removal of all vehicles from the area subject to flooding within the period of time reasonably and prudently expected to occur between a flood warning and the inundation of the property.

(Ord. No. 54, art. 4, § 4-504, 12-4-1958; Ord. No. 1344, § 1, 12-28-1998; Ord. No. 1383, § 1, 7-24-2000; Ord. No. 1779 , § 8, 3-12-2018)

Effective on: 1/1/1901

An application for a special use permit and the consideration of such an application shall follow the same procedures and shall meet the same requirements as established for a rezoning, as set forth in section 50-48. Application fees for special use permits shall be the same as for rezoning requests.

(Ord. No. 54, art. 4, § 4-505, 12-4-1958)

Effective on: 1/1/1901

1. Basis for revocation. Any special use permit granted under the authority of this article is subject to revocation for any or all of the following reasons:
   1. Noncompliance with any applicable requirement set forth in section 74-329.
   2. Noncompliance with any special conditions imposed at the time of approval of the special use permit.
   3. Violation of any provisions of this Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee.
   4. Where conditions in the neighborhood have changed to the extent that approval of the permit would be clearly unwarranted if being applied for at the time of revocation.
   5. Violation of any other applicable Code provisions or any state or federal law or regulation by the permittee or agents of the permittee; provided, that such violations relate to the conduct or activity authorized by the special use permit or the qualification s of the permittee or its agents to engage in such conduct or activity.
2. Procedure for revocation.
   1. Revocation proceedings may be initiated by a majority vote of the city council.
   2. Unless the permittee and landowner agree in writing that the permit may be revoked, the city council shall hold a public hearing to consider the revocation of the special use permit.
   3. The city shall give the permittee and landowner notice of the scheduled revocation hearing at least five days prior to the date scheduled for such hearing. If the permittee and landowner are present at the meeting of the city council at which the revocation proceedings are initiated, no further notice shall be required; otherwise, notice shall be given by personal service or certified mail, return receipt requested. If the notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in the official city newspaper and by posting a notice of hearing on the property at least five days prior to the date scheduled for the hearing.
   4. At the hearing, the city attorney or their designee shall present the evidence known to the city that may justify revocation of the special use permit. Testimony may be presented by members of the city staff, planning commission or city council, or by such other witnesses as may be called. Following the presentation of evidence by the city, any person having relevant evidence may present such evidence to the city council. Following the presentation of such evidence, the permittee and landowner shall be entitled to present evidence, including testimony. Following the receipt of all evidence, the public hearing shall be closed. After closing the public hearing, the city council may hear closing statements from the city and the permittee and landowner or their attorney. The city council may render its decision following such closing statements or may take the matter under advisement.
   5. No special use permit shall be revoked unless a majority of the city council is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. In addition, where the basis for revocation is changed conditions, pursuant to subsection (a)(4) of this section, revocation may only occur upon an explicit finding that revocation is necessary for the protection of the public health, safety or welfare. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law, at the discretion of the city council.
   6. An appeal of any decision of the city council to revoke a special use permit shall not suspend the order of revocation during the pendency of the appeal unless so ordered by the county district court.

(Ord. No. 54, art. 4, § 4-506, 12-4-1958)

Effective on: 1/1/1901

The person making application for a special use permit shall be designated as the permittee for purposes of this chapter. The use authorized by the permit, however, applies to the real property and not the permittee, and the permits may therefore be transferred as set forth herein. Any person desiring to conduct an approved special use by transfer shall make application to the zoning administrator to be substituted as the permittee. The applicant shall furnish such information as reasonably required by the zoning administrator to demonstrate that the applicant is the owner of the property subject to the special use permit (or authorized by the owner to conduct the special use), and is otherwise qualified to conduct the special use. No person may use real property for a special use without being approved as the permittee, and failure to be so approved shall be grounds for revocation of the special use permit.

(Ord. No. 54, art. 4, § 4-507, 12-4-1958; Ord. No. 1326, § 1, 6-22-1998)

Effective on: 1/1/1901

Effective on: 1/1/1901