A. Purpose.
1. The special use permit procedure provides a mechanism for the City to evaluate proposed land uses that may be desirable, necessary, or convenient to the community, but which, because of their unique characteristics, may have a potentially greater impact upon neighboring properties or the public than those uses permitted by right.
B. Applicability.
a. Nonconforming Use.
(1) Any existing use without a special use permit that was legally established before the effective date of this Code and which after the effective date is located within a zoning district that requires a special use permit for the subject use is a nonconforming use and subject to the requirements of
Chapter 400: General Provision,
Article IV: Nonconformities.
(2) Any proposed expansions or modifications of the use beyond what is permitted in
Chapter 400: General Provision,
Article IV: Nonconformities, shall require approval of a special use permit in accordance with this Section.
b. Conforming Special Use.
(1) Any existing use with a special use permit that was legally established before the effective date of this Code and which after the effective date is located within a zoning district that requires a special use permit for the subject use is a conforming special use and may continue to be operated under the terms of the previously approved special use permit.
(2) Any proposed expansions or modifications of the use will be subject to all applicable standards of this Section.
c. Conforming Permitted Use.
(1) Any existing use with a special use permit that was legally established before the effective of this Code and which after the effective date is located within a zoning district that does not require a special use permit for the subject use is a conforming permitted use and is subject to any conditions established as part of the original approval of the special use permit.
(2) A request to repeal or modify the existing special use permit and conditions will follow the procedure for a new special use permit.
2. Applications are subject to the common procedures identified in
Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in
Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Application Submission And Handling.
3. Staff Review And Action.
a. The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with
Section 405.050: Staff Review And Action.
4. Notice And Public Hearings.
5. Review And Decision-Making Bodies.
b. Board of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with
Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(5)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with
Section 405.070: Review And Decision-Making Bodies.
c. Review Criteria. A special use permit shall be reviewed according to the following criteria:
(1) The proposed special use complies with all applicable provisions of this Code, the City's Comprehensive Plan, any approved Master Plan that includes the property, and good planning practice.
(2) The proposed special use at the specified location will contribute to and promote the general welfare, health, safety and convenience of the public.
(3) The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the real property with respect to streets giving access to it are such that the special use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property, in accordance with the applicable zoning district regulations. In determining whether the special use will adversely affect the immediate neighborhood, consideration shall be given to:
(a) The location, nature and height of buildings, structures, walls and fences on the real property; and
(b) The nature and extent of proposed landscaping and screening on the real property.
(4) Off-street parking and loading areas will be provided in accordance with the standards set forth in this Code.
(5) Adequate utilities, drainage and other such necessary facilities have been, or will be, provided on the real property.
(6) Adequate access roads, entrances and exit drives shall be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys.
6. Post-Decision Actions And Limitations.
(1) Effect Of Approval. Approval shall authorize the applicant to apply for a building permit or begin construction or operation if additional permitting is not required.
(2) Expiration Of Approval.
(a) A special use permit shall expire one (1) year after the date of final approval unless the use or construction is substantially underway, as determined by the Community Development Director, or an extension is granted pursuant to
Section 405.080: Post-Decision Actions And Limitations.
(b) If an approved special use is discontinued for one (1) year or more, it may not be reestablished without approval of a new special use permit application.
(3) Revocation. Upon a finding that an approved special use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Board of Aldermen shall have the authority to revoke the special use permit in accordance with the procedures for a new special use permit.
(4) Amendments.
i. Change in business or trade names, where ownership and nature of business or trade remains the same;
ii. Transfers to another person to operate the same use, in the same building(s), on the same property, and under the same terms of the special use permit;
iii. Amendments to site plans that were approved concurrently with an application for special use permit that do not exceed the thresholds for minor site plan review specified in
Section 405.160: Site Plan; and
iv. Other changes deemed by the Community Development Director to be similar in nature and/or to have a minimal impact on the operation of the existing use or surrounding area.
(b) All amendments to special use permits that do not qualify as minor amendments under Subsection (C)(6)(a)(4)(a) shall be processed as a new application subject to the same procedures and requirements for the original application.
