Whitney City Zoning Code
§ 14.02.023
"SUP" specific use permit.
(a)
General provisions.
After proper notice and a public hearing and after recommendation from the planning and zoning commission that a specific land use is in general conformance with the comprehensive plan of the city the city council may grant a permit for a specific use of property as authorized by the zoning district in which the property is situated. An application for specific use permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangements 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 construction of signs; means of ingress and egress to public streets; visual screening such as walls, landscaping and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. The planning commission or city council may require information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(b)
Specific use permit regulations.
(1)
In recommending that a specific use permit for the promises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious and adaptable to building structures and uses of adjacent 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 access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures and compatibility of buildings.
(2)
In granting a specific use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector 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,[.]
(3)
No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be 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) and approved by the planning and zoning commission and city council. No public hearing is necessary for site plan approval.
(4)
The board of adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination of ruling with respect to the granting, extension, revocation, modification, or any other action taken relating to such specific use permit.
(5)
Whenever regulations or restrictions imposed by this article are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are not more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this article, no land shall be used, and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(6)
When the city council authorizes granting of a specific use permit, the zoning 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 suffixed by the designation "SUP."
(Ordinance 2020-12 adopted 7/20/2020)