The purpose of the regulations described in this subsection is to allow within the city the proper integration of uses which may be suitable only in specific locations in zoning a zoning district.

In addition to the certificate of zoning compliance required in this ordinance, city council approval of a specific use permit shall be required for any of the following uses within the district specified, unless the proposed uses are located in a planned development district.

(Ord. No. O-10-41, § 5, 10-18-2010; Ord. No. O-13-43, § 4, 12-16-2013; Ord. No. O-25-14, § 3, 8-4-2025)

A specific use permit is an amendment to the district regulations of the zoning ordinance and permits the permanent or temporary establishment of a specific use within a zoning district.

The director of development services shall not issue a certificate of zoning compliance for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in section 19 hereof.

Application for a specific use permit shall be made by the property owner or certified agent thereof to the planning and zoning commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a plan as set forth in section 15 hereof. Specific use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances of the city.

In considering any application for a specific use permit, the planning and zoning commission shall give due regard to the nature and condition of all adjacent uses and structures. The planning and zoning commission may recommend disapproval of an application for a specific use permit or approval subject to such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for the protection of adjacent properties and public interest.

Before any specific use is permitted in the applicable zoning districts a report from the planning and zoning commission will be directed to the city council accompanied by planning and zoning's recommendation for approval or denial. The report shall include, but not be limited to, the following:

A.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

B.

Off-street parking and loading areas where required, with particular attention to the items in paragraph A above and the economic, noise, glare, or odor effects of the specific use on adjoining properties and properties generally in the district.

C.

Refuse and service areas with particular reference to the items in paragraphs A and B above.

D.

Utilities with reference to location, availability, and compatibility.

E.

Screening or buffering with reference to type, dimensions and character.

F.

Sign location, size and proposed exterior lighting with reference to glare and traffic safety, and compatibility and harmony with properties in the district.

G.

Landscaping and required yard and other open space.

H.

General compatibility with adjacent properties and other property in the district.

I.

The conformity of the proposed use with the requirements and intent of this ordinance and the comprehensive plan of the city.

J.

A development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. A development schedule, if adopted and approved by the city council, shall become part of the specific use permit ordinance and shall be adhered to by the owner, developer, and their respective successors in interest. The development schedule must include completion of the project within five years of the date the first permit application was filed for the project if no progress has been made towards completion of the project. Upon the recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the city council may extend the development schedule or adopt such new development schedule as may be supported by the facts and circumstances of the case.

(Ord. No. O-00-16, § 5, 4-3-2000; Ord. No. O-06-20, § 4, 4-17-2006)

Every specific use permit granted by the city council 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 zoning compliance may be issued by the director of development services for the use of the buildings on such property pursuant to said specific use permit. Such conditions shall not be construed as conditions precedent to the granting of the specific use permit, but shall be construed as conditions precedent to the granting of the certificate of zoning compliance.

Following the passage of a specific use permit ordinance by the city council, the director of development services may issue a certificate of zoning compliance, as provided in section 17 hereof, and shall ensure that development is undertaken and completed in accordance with said permit.