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Following Council’s approval of an application for a Special Use permit, the Zoning Enforcement Officer shall provide a copy of the signed ordinance authorizing the Special Use Permit.
(a) The permit/ordinance shall authorize a particular Special Use on the specific parcel for which it was approved. The permit/ordinance shall be valid only for the use and the operation of such use as specified on the permit. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code.
(b) The Special Use permit shall expire one year from the date of enactment unless the following occur:
(1) The final development plan is approved for uses that require a final development plan;
(2) Construction in the establishment of the use has begun. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed; or
(3) As otherwise specifically approved by the Planning Commission.
(c) Any expansion, enlargement, or change in the operation of the Special Use that involves enlarging buildings or structures, expanding impervious surfaces, including parking areas, or changing the use shall require approval of a separate Special Use permit and revised development plan.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
No re-application for a Special Use permit shall be accepted by the Planning Coordinator until the expiration of six months after the denial, unless the re-application is based on newly discovered evidence, not discoverable at the time of the previous public hearing, sufficient to justify another hearing as determined by the Planning Commission. A re-application shall comply with all the requirements of this chapter, including payment of the required fee.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning Commission and Council may make a determination that a new use is similar to a use permitted in a district.
(a) Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not specifically listed as a prohibited use in any other district;
(2) The proposed use is not listed as a permitted building or use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district; and
(4) The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
(c) Action by Planning Commission. The Planning Commission shall, within ten days after its hearing, forward a recommendation to City Council. The Planning Commission shall recommend that Council approve, approve with modifications or deny the application for a similar use determination and provide the reasons for their decision.
(d) Confirmation by Council. Council shall review and act on the proposed use according to the special use procedures set forth in Section 1230.08.
(e) Assignment to Districts. If Council, by a majority vote of its members, concurs with the recommendations of the Planning Commission and approves the proposed similar use, then the similar use shall be added to those districts that allow the principal or Special Use that is most similar, as identified in the recommendation.
(Ord. 58-01. Passed 5-29-01.)