The Specific Use Permit District is a specific zoning classification. Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of the use, the location, and the rural manner in which the city has developed around a railroad and an interstate highway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific use location.

When an applicant seeks a change of zoning for a use listed in the specific use section, the planning and zoning commission may recommend, and the city council may impose, necessary additional special conditions.

The following is an example of a property that has been granted a zoning change to “C-1” Commercial District with a specific use permit zoning classification for operation of a television studio. The basic classification is the “C-1” Commercial District and the specific use is the television studio use.

Property with this zoning classification should be designated as follows: In the adoptive ordinance designated as “C-1” Commercial District with a specific use permit to operate a television studio, and on the zoning map designated as “C-1” SUP followed by the adoptive ordinance number.

In addition to any other provision in this article regulating applications for zoning change, an application for zoning change requesting a specific use permit district classification shall, unless waived by the planning and zoning commission, be accompanied by a site plan containing the following information:

Any applicant seeking a land use not otherwise authorized by this article, as amended, or a use not listed above that would be applicable for a state permit for the sale of alcoholic beverages, 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.

Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.

Safety from fire hazards, and measures of fire control.

Protecting the property, adjacent property, and other properties within the city from flood or water damage.

Noise-producing elements, glare of vehicular and stationary lights and the effect of such noise and lights on the established character of neighboring property.

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.

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.

Such other measures as will secure and protect public health, safety, morals and general welfare.

Off-street parking, unless specifically regulated in the ordinance adopting the specific use permit zoning classification, shall be governed by other applicable provisions of this article or other applicable ordinances of the city.

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.

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.

All improvements to the land and all buildings and construction on the land shall, unless waived by the planning and zoning commission, 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 specific 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.

A specific use zoning classification shall not “run with the land” and a new business owner is placed on notice that a new specific use zoning change will be required if there is any deviation from the approved plan or change in the ownership or manner in which the use is conducted, and applicants are placed on notice that in the event of such change the city may take such action as is necessary to rezone the property to its original zoning classification.

On the official zoning map of the city, a specific 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 “C-1” Commercial District that is granted a specific use permit zoning classification for operation of a television studio, should be designated in the adoptive ordinance as having the following zoning classification: “C-1” Commercial District with a specific use permit to operate a television studio; and on the zoning map as “C-1” SUP, followed by the adoptive ordinance number.

“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.

Mobile homes being structures that are not likely to be constructed in accordance with federal standards, are not permitted in the city. Provided, however, any mobile home legally in existence that is located within the city may be replaced by a HUD-code manufactured home.

“HUD-code manufactured home” means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, 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.

Construction standards and safety standards applicable to a HUD-code manufactured home, [are] not considered as a factor in the granting or denial of a specific use permit zoning classification. The handling of a specific use application for a HUD-code manufactured home shall be handled as in the case of any other specific use request, and in granting or denying an application for such a specific use permit the planning and zoning commission in its recommendation, and the city council in its final decision, may take into consideration any matter it might consider in regard to any other application for a specific 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 shall not be imposed as a condition of a specific 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 specific use permit zoning classification for HUD-code manufactured homes.

Size and design of HUD-code manufactured homes may be considered. The city council finds that HUD-code 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 homes which are not permitted within the city or the specific zoning district. 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 (iii) fail to protect property values of other adjacent homes built using conventional methods. Therefore, in considering requests for specific use permit zoning for single-family HUD-code manufactured homes, size and design conditions may be imposed for the purpose of protecting property values.

All other requirements of the basic zoning district of such specific 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 specific use classification.