Specific use permit SUP.
A.
The purpose of these specific use permit regulations is to allow within the city the proper integration of uses which may be suitable only in specific locations.
B.
A specific use permit is an amendment by the city council to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within the zoning district. Procedures for the adoption of zoning amendments will be followed.
C.
Every specific use permit granted by the city council shall be 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 office of the building official for the use of the building on such property pursuant to said specific use permit; and 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 occupancy.
D.
In addition to the certificate of occupancy called for in this zoning ordinance, a specific use permit shall be required before the following specific uses can be permitted in any zoning district:
1.
Automobile salesroom and accompanying service facilities;
2.
Automobile repair garage;
3.
Gas compressor or regulator station;
4.
Oil wells and operations for the exploration for and production of minerals;
5.
Pipeline easements;
6.
Private, nondenominational elementary and high schools, colleges, and universities;
7.
Private, denominational elementary and high schools, colleges, and universities whether as an accessory use to a church or other place of worship or as a main or primary use;
8.
Churches or other places of worship;
9.
Banks;
10.
Water wells, water and sewage treatment and storage facilities, and related appurtenances;
11.
HUD-Code manufactured homes;
12.
Head shops;
13.
Antennas and towers as described in section 10-B;
14.
Payday lenders and auto title loan businesses; and
15.
Any other specifically identified use that the city council deems appropriate and suitable in a particular location or district.
E.
The building official shall not issue a certificate of occupancy for such uses listed in the preceding section that are hereby created, changed, converted, or enlarged either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures in this zoning ordinance.
F.
Application for a specific use permit shall be made by the property owner or certified agent thereof to the city planning and zoning commission on forms prescribed for this purpose by the city. Such application shall be accompanied by those documents required by this zoning ordinance and for building permit applications. 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 zoning ordinance. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.
G.
The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council.
H.
In considering any application for a specific use permit, the city planning and zoning commission shall give due regard to the nature and condition of all adjacent uses and structures. The city planning and zoning commission may recommend disapproval of an application for a specific use permit; however, in recommending approval of a specific use permit the city planning and zoning commission may recommend 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.
I.
The city planning and zoning commission shall make a recommendation regarding the application to the city council, which recommendation shall include consideration of each of the following:
1.
Whether the proposed structure or use conforms to the requirements and intent of this zoning ordinance;
2.
Whether such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community;
3.
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, flood, or catastrophe;
4.
Off-street parking and the economic, noise, glare, or odor effects of the specific use on adjoining properties and properties generally in the district;
5.
Refuse and service areas;
6.
Utilities with reference to location, availability, and compatibility;
7.
Fencing, screening, or buffering with reference to type, dimensions, and character;
8.
Sign location, size, and proposed exterior lighting with reference to glare and traffic safety and compatibility with properties in the district;
9.
Landscaping and required yard and other open space;
10.
Lighting;
11.
Setbacks; and
12.
General compatibility with adjacent properties and other property in the district.
J.
Following passage of a specific use permit ordinance by the city council, the building official shall issue a certificate of occupancy, as provided in this zoning ordinance, and shall insure that development is undertaken and completed in accordance with, said specific use permit.
(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 15-2014, § 3, 3-10-14; Ord. No. 21-2014, § 6, 3-24-14; Ord. No. 33-2015, § 4, 10-12-15; Ord. No. 21-2017, § 2(Exh. A), 12-18-17)
Specific use permit SUP.
A.
The purpose of these specific use permit regulations is to allow within the city the proper integration of uses which may be suitable only in specific locations.
B.
A specific use permit is an amendment by the city council to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within the zoning district. Procedures for the adoption of zoning amendments will be followed.
C.
Every specific use permit granted by the city council shall be 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 office of the building official for the use of the building on such property pursuant to said specific use permit; and 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 occupancy.
D.
In addition to the certificate of occupancy called for in this zoning ordinance, a specific use permit shall be required before the following specific uses can be permitted in any zoning district:
1.
Automobile salesroom and accompanying service facilities;
2.
Automobile repair garage;
3.
Gas compressor or regulator station;
4.
Oil wells and operations for the exploration for and production of minerals;
5.
Pipeline easements;
6.
Private, nondenominational elementary and high schools, colleges, and universities;
7.
Private, denominational elementary and high schools, colleges, and universities whether as an accessory use to a church or other place of worship or as a main or primary use;
8.
Churches or other places of worship;
9.
Banks;
10.
Water wells, water and sewage treatment and storage facilities, and related appurtenances;
11.
HUD-Code manufactured homes;
12.
Head shops;
13.
Antennas and towers as described in section 10-B;
14.
Payday lenders and auto title loan businesses; and
15.
Any other specifically identified use that the city council deems appropriate and suitable in a particular location or district.
E.
The building official shall not issue a certificate of occupancy for such uses listed in the preceding section that are hereby created, changed, converted, or enlarged either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures in this zoning ordinance.
F.
Application for a specific use permit shall be made by the property owner or certified agent thereof to the city planning and zoning commission on forms prescribed for this purpose by the city. Such application shall be accompanied by those documents required by this zoning ordinance and for building permit applications. 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 zoning ordinance. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.
G.
The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council.
H.
In considering any application for a specific use permit, the city planning and zoning commission shall give due regard to the nature and condition of all adjacent uses and structures. The city planning and zoning commission may recommend disapproval of an application for a specific use permit; however, in recommending approval of a specific use permit the city planning and zoning commission may recommend 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.
I.
The city planning and zoning commission shall make a recommendation regarding the application to the city council, which recommendation shall include consideration of each of the following:
1.
Whether the proposed structure or use conforms to the requirements and intent of this zoning ordinance;
2.
Whether such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community;
3.
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, flood, or catastrophe;
4.
Off-street parking and the economic, noise, glare, or odor effects of the specific use on adjoining properties and properties generally in the district;
5.
Refuse and service areas;
6.
Utilities with reference to location, availability, and compatibility;
7.
Fencing, screening, or buffering with reference to type, dimensions, and character;
8.
Sign location, size, and proposed exterior lighting with reference to glare and traffic safety and compatibility with properties in the district;
9.
Landscaping and required yard and other open space;
10.
Lighting;
11.
Setbacks; and
12.
General compatibility with adjacent properties and other property in the district.
J.
Following passage of a specific use permit ordinance by the city council, the building official shall issue a certificate of occupancy, as provided in this zoning ordinance, and shall insure that development is undertaken and completed in accordance with, said specific use permit.
(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 15-2014, § 3, 3-10-14; Ord. No. 21-2014, § 6, 3-24-14; Ord. No. 33-2015, § 4, 10-12-15; Ord. No. 21-2017, § 2(Exh. A), 12-18-17)