(A) Purpose. The special use permit procedure provides for public review and discretionary City Council approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.
(B) Administration. The Planning Commission shall review and evaluate each application and transmit its recommendation to the City Council. The City Council shall review, evaluate and act upon all applications submitted pursuant to this procedure.
(C) Application requirements. An application for a special use permit may be filed by the owner(s) of a property or by the property owner’s authorized agent with the Community Development Office. Any such application will not be deemed submitted until all of the information set forth below is included.
(1) It is the responsibility of the applicant to provide all of the requested information. Incomplete applications will not be placed on the Planning Commission Agenda until all such missing information is provided. Such application shall be submitted to the Community Development Office at least 21 calendar days (including holidays) before the Planning Commission meeting at which the public hearing on the application may be held subject to administrative official approval to proceed.
(2) A complete submission must be provided prior to the staff recommendation that the permit application is to be acted on the Planning Commission. The application shall include the following information and be submitted on a form approved by the Community Development Office:
(a) Name, email and mailing address and phone number of the property owner who is making application or said property owner’s authorized agent;
(b) Legal representation, including the name of the firm, attorney, phone number, email and mailing address;
(c) Owner, address and legal description of the property.;
(d) A description of the nature and operating characteristics of the proposed use;
(e) A site plan, when requested by the building official, which includes all information as described in this section;
(f) Excavation and material extraction special use permits applications must include a proposed post development site plan including anticipated final contours and features;
(g) The special use requested and the current zoning; and
(h) Be signed by the property owner or the property owner’s duly authorized agent.
Criteria | Application to | ||
Site plan review | Special use permit | ||
Criteria | Application to | ||
Site plan review | Special use permit | ||
Height and scale | |||
Building coverage | Building coverage should be similar to that of surrounding development if possible. Higher coverage should be mitigated by landscaping or site amenities. | X | X |
Height and bulk | Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations. | X | X |
Setbacks | Development should respect pre-existing setbacks in surrounding areas. Variations should be justified by site or operating characteristics. | X | X |
Land use compatibility | |||
Development density | Site area per unit or floor area ratio should be similar to surrounding uses if not separated by major natural or artificial features. | X | |
External traffic effects | Project design should direct non-residential traffic away from residential areas. | X | X |
Operating hours | Projects with long operating hours must minimize effects on surrounding residential areas. | X | X |
Operating characteristics | |||
Outside storage | Outside storage areas must be screened from surrounding streets and less intensive land uses. | X | X |
Traffic capacity | Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements will be required to mitigate impact on street system operations. | X | X |
Public facilities | |||
Comprehensive plan | Projects shall be consistent with the Comprehensive Development Plan. | X | |
Sanitary waste disposal | Developments within 300 feet of a public sanitary sewer must connect to sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety or welfare. | X | X |
Sanitary sewer must have adequate capacity to serve development. | X | X | |
Stormwater management | Development should handle stormwater adequately to prevent overloading of public stormwater management system. | X | X |
Development should not inhibit development of other properties. | X | X | |
Development should not increase probability of erosion, flooding, landslides or other runoff related effects | X | X | |
Utilities | Project must be served by utilities if the property is located within 300 feet of said utility. | X | X |
Site development | |||
Building design | Architectural design and building materials should be compatible with surrounding areas or highly visible locations. | X | |
Frontage | Project frontage along a street should be similar to lot width. | X | X |
Landscaping | Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainage-ways should be preserved to the extent possible. | X | X |
Parking and internal circulation | Parking should serve all structures with minimal conflicts between pedestrians and vehicles. | ||
All structures must be accessible to public safety vehicles. | |||
Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. | X | X | |
(D) Approval process.
(1) The Planning Commission, following ten days notice as required by division (F) below shall hold a public hearing on each proposed special use permit and following such public hearing, shall recommend action to the City Council.
(2) The City Council, after the ten days notice as required by division (F) below and after public hearing, shall act on the special use permit. The City Council may apply any reasonable conditions to the approval of the permit.
(3) The applicant shall be responsible for preparing and furnishing in proper form a “draft” ordinance including any reasonable conditions recommended by the Planning Commission sufficiently in advance of the City Council Meeting for review by city staff and for distribution to the Mayor and members of the City Council. A “final” ordinance for said special use permit shall be thereafter submitted by applicant for action by the City Council. Applicant’s attorney shall work with the City Attorney on review and final versions.
(E) Required notice and publication. Prior to consideration of and/or approval of a special use permit by the Planning Commission and by the City Council, notice of public hearing before the Planning Commission and before the City Council shall be provided as follows:
(1) (a) Posted notice: A notice shall be posted by the applicant in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than 18 inches in height and 24 inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be placed on or near such premises that it is easily visible from the street and shall be posted at least ten days before the date of such hearing.
(b) It shall be the duty of the applicant to make sure the signs are laminated or otherwise protected from the weather so that they remain visible and legible for said ten-day period. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearing. It shall be the responsibility of the applicant to make sure the signs remain posted for said ten-day period and in the event any sign is removed, mutilated, destroyed or changed, it shall be the duty of the applicant to promptly post a new sign for the remainder of the ten-day period.
(2) Notice by publication: At least ten days before the date of hearing the City Clerk shall have published in a newspaper having a general circulation in the city a notice of the time, place and subject matter of such hearing.
(3) (a) Notice by personal service or mail: At least ten days prior to the date of the hearing the applicant shall either:
1. Personally serve; or
2. Mail to the last known address, written notice of such hearing to each of the following:
a. The owners of the real estate which is the subject of the special use permit;
b. All properties whether in whole or in part which are located within 300 feet of the real estate which is the subject of the special use permit; and
c. The Board of Education of each school district in which the real estate which is the subject of the special use permit is located.
(b) If the record title owners of any real estate included in such proposed change be nonresidents of the municipality, a written notice of such hearing shall be mailed by certified mail to their last-known address at least ten days prior to the date of such hearing.
(4) Exception: The provisions of divisions (E)(1) and (E)(3) shall not apply in the event of a proposed change in the application of special use permits throughout entire areas of an existing zoning district or of the city or parts thereof, or in the event of a proposed change in such regulations, restrictions or districts governing said special use permits.
(5) (a) Affidavit of notice compliance: The applicant shall be responsible for filing with the City Clerk prior to 3:00 p.m. on the date of the hearing an affidavit of notice compliance.
(b) Said affidavit shall verify that the “posted notice” requirements set forth in division (E)(1) above and that the “notice by personal service or mail” requirements set forth in division (E)(3) above were both complied with. Said affidavit shall be submitted on a form approved by the City Clerk’s office.
(F) Scope of approval. The City Council may, at its discretion, apply a special use permit to a specific owner or applicant. The City Council may establish special site development or operational regulations as a condition for approval of a special use permit.
(G) Lapse, revocation or completion of permit.
(1) A special use permit shall become void two years after its effective date if the applicant has not carried out development or occupancy during that period.
(2) The City Council may revoke a special use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.
(3) Completion of a special use permit for resource extraction and excavation shall include a final record drawing site plan.
(H) Previously approved permits. Any special use approved under regulations in effect before the effective date of this chapter shall be considered to have a valid special use permit, subject to requirements imposed at the time of its approval or six months from said failure to pass a motion to approve this special use permit.
(I) Denial of special use permit; waiting period. In the event that a special use permit as provided in this subchapter is not approved by the City Council, no new request shall be made for the same or a substantially similar special use permit within six months of said denial thereof or six months from said failure to pass the same.
(Ord. 23-09, passed 8-21-2023)