CHAPTER 16:  PLANNING AND ZONING
Article 1:  Planning Commission
   16-1.   Creation; appointment of members
   16-2.   Powers and duties
Article 2:  Zoning
   16-15.   Adoption by reference
Article 3:  Subdivisions
   16-25.   Adoption by reference
Article 4:  Building Regulations
   16-35.   Ordinance not required
   16-36.   Rules and regulations
   16-37.   Consideration and recommendation of Planning Commission
   16-38.   Public hearings
Article 5:  New Installations
   16-50.   Minimum street specifications
   16-51.   Street plans
   16-52.   Storm sewer; drainage
Article 6:  Flood Hazard Areas
   16-65.   Findings of fact
   16-66.   Purpose and scope
   16-67.   Application
   16-68.   Classification of drainage channels
   16-69.   Methods of determination
   16-70.   Areas on major tributaries and rivers
   16-71.   Minor tributaries and surface drainage improvements
   16-72.   Drainage channels and storm sewers outside addition boundaries
Article 7:  Special Use Permits
   16-85.   Permit may be granted on special review
   16-86.   Uses permitted in zoning districts upon grant of special use permit
   16-87.   Application and site plan review procedure for special use permit
Cross-reference:
   Unoccupied and dilapidated structures, see §§ 13-60 through 13-71
ARTICLE 1:  PLANNING COMMISSION
§ 16-1  CREATION; APPOINTMENT OF MEMBERS.
   (A)   The city, heretofore availed itself of the provisions of House Bill No. 905 of the 26th Legislature of the state, 19 O.S. §§ 866.1 to 866.35 inclusive, as may be amended, and the city heretofore entered into an agreement with the Board of Logan County Commissioners for the organization of a Metropolitan Area Planning Commission, as provided in the Act.
   (B)   In lieu of the Metropolitan Area Planning Commission, it is deemed expedient for the city to avail itself of the provisions of 11 O.S. § 14-101, as amended, and by the authority granted herein, there is hereby created the City Planning Commission, to be known as the Planning Commission.
   (C)   The Mayor shall be authorized to nominate five citizens of the city to serve as members of the Planning Commission, and to be confirmed by the City Council and provided that the Commission shall not be deemed to be created until this article is in full force and effect.
   (D)   All ordinances of the city now in full force and effect that contain the phrases “Planning Commission” or other “Zoning and Planning Commission,” “Metropolitan Area Planning Commission,” or other words and phrases that mean City/County Zoning and Planning Commission shall now and hereafter mean and be referred to as the “Planning Commission.”
   (E)   If any section, word, clause or provision of this article shall be declared void, unenforceable or illegal or any cause whatsoever, such shall not affect the validity of the remainder of this article, or any part thereof.
(`90 Code, § 16-1)  (Ord. 2590, passed - -)
§ 16-2  POWERS AND DUTIES.
   The City Planning Commission has and shall have all powers and duties prescribed by state law and all powers and duties possessed by the heretofore Metropolitan Area Planning Commission.
(`90 Code, § 16-2)
ARTICLE 2:  ZONING
§ 16-15  ADOPTION BY REFERENCE.
   (A)   Ordinance No. 2422, the zoning ordinance of the city, passed by the City Council on February 4, 1964, as amended, is hereby continued in full force and effect the same as if it were included in full in this code of ordinances.
   (B)   The zoning ordinance, with amendments, is on file in the Office of the City Clerk and available during normal working hours for public inspection.
(`90 Code, § 16-3)  (Am. Ord. 3107, passed 9-17-02; Am. Ord. 3108, passed 9-17-02; Am. Ord. 3118, passed 7-1-03; Am. Ord. 3122B, passed 9-2-03; Am. Ord. 3122A, passed 10-21-03; Am. Ord. 3172, passed 2-21-06; Am. Ord. 3182, passed 4-17-07; Am. Ord. 3185, passed 7-17-07; Am. Ord. 3186, passed 7-17-07; Am. Ord. 3188, passed 11-20-07; Am. Ord. 3226, passed 4-17-12; Am. Ord. 3227, passed  - -12; Am. Ord. 3265, passed 11-4-14; Am. Ord. 3264, passed 2-3-15; Am. Ord. 3279, passed 2-2-16; Am. Ord. 3289, passed 6-7-16)
ARTICLE 3:  SUBDIVISIONS
§ 16-25  ADOPTION BY REFERENCE.
   The “Standards and Regulations for the Subdivision of Land of the Guthrie Metropolitan Area Planning Commission,” as adopted by the City Council on April 2, 1963, is hereby continued in full force and effect as if included in full in this code of ordinances.  The subdivision regulations, with amendments, are on file in the Office of the City Clerk and available during normal working hours for public inspection.
(`90 Code, § 16-4)
ARTICLE 4:  BUILDING REGULATIONS
§ 16-35  ORDINANCE NOT REQUIRED.
   All rules and regulations in connection herewith, unless permission therefor be granted by the City Council, shall not be in ordinance form.
(`90 Code, § 16-5)  (Res. passed 9-7-78)
§ 16-36  RULES AND REGULATIONS.
   Any proposed rules and regulations shall be prepared in type-written form and complete in detail. A complete copy of all proposed rules and regulations shall be filed with the City Clerk for public inspection and immediately thereafter, a copy of the proposed rules and regulations shall be delivered to the Clerk to be transmitted to each of the seven Council members and to the City Manager.  The proposed rules and regulations shall also be submitted to each member of the Planning Commission.
(`90 Code, § 16-6)  (Res. passed 9-7-78)
§ 16-37  CONSIDERATION AND RECOMMENDATION OF PLANNING COMMISSION.
   (A)   The Planning Commission shall consider the same and shall have power to approve or amend the proposed rules and regulations.  The Planning Commission shall conduct, as now provided, a public hearing thereon.
   (B)   At the public hearing, the Planning Commission shall have the further right to approve or amend the proposed rules and regulations.
(`90 Code, § 16-7)  (Res. passed 9-7-78)
§ 16-38  PUBLIC HEARINGS.
   (A)   The City Council shall thereupon, as now provided, hold a public hearing on the proposed rules and regulations.  At the time of the public hearing, the City Council shall have power to adopt, amend or reject, in whole or in part, the proposed rules and regulations.
   (B)   After the hearing before the City Council, the action of the City Council in approving or amending, in whole or in part, or rejecting the proposed rules and regulations shall be done by a resolution or a short ordinance or a motion.
   (C)   A certified copy of the resolution, ordinance or motion showing the action of the City Council on the proposed rules and regulations shall be permanently attached to the original of the proposed rules and regulations on file in the Office of the City Clerk.  Also, a copy shall be filed with the Planning Commission.
(`90 Code, § 16-7.1)  (Res. passed 9-7-78)
ARTICLE 5:  NEW INSTALLATIONS
§ 16-50  MINIMUM STREET SPECIFICATIONS.
   (A)   Concrete streets.
      (1)   Concrete minor and collector streets, as defined in the subdivision ordinance of the city, shall be constructed on a six-inch natural soil base, approved by the City Engineer and shall consist of 3,000 p.s.i. concrete pavement, a minimum thickness of five inches, a width of at least 32 feet for collector streets and 27 feet for minor residential streets.  All other concrete streets shall be constructed on a six-inch natural soil base, approved by the City Engineer, and shall consist of 3,000 p.s.i. concrete pavement, a minimum thickness of six inches and width of at least 68 feet for primary arterial thoroughfares, 72 feet for primary arterial thoroughfares with limited easements and 42 feet for secondary arterial thoroughfares.
      (2)   All concrete residential streets shall be equipped with curbs as an integral part of the concrete street.  The concrete curbs shall have a slope width of two inches (or.8-inch radius chamfer) from base to crown and a height of six inches from base to crown.  The curb crown shall be a minimum of six inches wide and curb height from the surface of the soil base to the crown shall be 11 inches.
      (3)   Concrete residential street tests shall consist of quality control for concrete and density tests when required of the developer or subdivider and directed by the Street Department Superintendent, City Manager or City Engineer, in accordance with State Highway Standard Specifications for Highway Construction:
      (4)   Concrete curing shall be accomplished by the contractor, in accordance with §§ 414.04-7(m) and 701.07 of the specifications of the State Highway Commission.
      (5)   All concrete residential streets, sidewalks and curbs shall be constructed using an approved 3,000 p.s.i. concrete.  During placement and prior to finishing, a minimum of three test cylinders shall be made by the developer or contractor and tested for each 80 cubic yards of concrete placed.  When quantities do not meet the 80-cubic yard amount, test cylinders shall be made and tested as required by the Street Department Superintendent, City Manager or City Engineer.
      (6)   Thickness verification tests shall be accomplished under the direction of the City Engineer, City Manager or Street Department Superintendent at the time of and during pavement placement.
   (B)   Asphaltic streets.
      (1)   Asphaltic streets shall be constructed upon a six-inch compacted subgrade.
      (2)   The street layer above subgrade shall consist of three inches of Type “A” asphalt or three  inches of Plant Mix Bituminous Base Fine Aggregate Type asphalt shall be applied in accordance with § 314.01 of the State Highway Commission Standard Specifications for Highway Construction, current edition.
      (3)   The top street layer shall consist of concrete curbs and gutters, and the combined width of the asphalt surface and ten inches of concrete gutter shall conform with minimum widths as outlined for concrete streets.
      (4)   Curbs and gutters on asphalt streets shall be an integral unit consisting of a gutter with a surface width of ten inches, a curb slope width of two inches (or .50-inch radius chamfer) from base to crown and a height of six inches from base to crown.
      (5)   The curb crown shall be a minimum of six inches wide and the combined curb and gutter height from the surface of the compacted sub-grade to the crown shall extend a total of 12 inches.
      (6)   In all cases, the Type “C” asphalt surface shall extend one-fourth inches above but not covering the surface of the concrete gutters.
   (C)   Bases and subgrades.  Street bases and subgrades shall consist of a total minimum thickness of six inches and shall in all cases extend at least ten inches beyond the backs of all concrete curbs.
   (D)   Joints and cuts.  Concrete streets shall be equipped with expansion joints which shall be placed at intervals of every 100 feet and installed latterly along the pavement width.  Soil cuts shall be made at intervals of every 25 feet.
   (E)   Asphalt streets for subdivisions platted prior to 1975.
      (1) Asphalt streets installed on virgin soil shall be constructed upon a 2% crowned roadbed having a six-inch gravel compacted subgrade sealed with an oil coat and three inches of type A asphalt.
      (2)   Existing streets shall be asphalt paved upon a 2% crowned roadbed having a four-inch gravel compacted subgrade sealed with an oil prime coat and two inches of Type A asphalt.
      (3)   Before street construction begins, street and drainage specifications will be submitted to and approved by the Planner or his or her duly authorized representative.
(`90 Code, § 16-8)  (Ord. 2831, passed 10-20-87)
§ 16-51  STREET PLANS.
   Where a proposed new street embraces a street as shown on the city base map, the new street shall be constructed of the width indicated on the map and in conformance with the provisions of this article and:
   (A)   Where adjoining a primary arterial street either the same or a limited easement arterial street shall be constructed to connect;
   (B)   Where adjoining a secondary arterial street, the same or a collector street shall be constructed to connect; and
   (C)   Where adjoining a collector or minor street, a collector or minor street shall be constructed to connect.
(`90 Code, § 16-9)  (Ord. 2555, passed - -)
§ 16-52  STORM SEWER; DRAINAGE.
   (A)   Concrete pipe shall meet ASTM C-76 Specifications and corrugated steel pipe shall meet M-36 Specifications of the American Association of State Highway Officials.
   (B)   The Street Superintendent of the city shall specify the size and location of storm sewers and drainage facilities on the property in question.
(`90 Code, § 16-10)  (Ord. 2555, passed - -)
ARTICLE 6:  FLOOD HAZARD AREAS
§ 16-65  FINDINGS OF FACT.
   The periodic flooding of land area within the corporate limits of the city and within the jurisdiction of the Metropolitan Area Planning Commission results in hazards to life and property, in the disruption of commerce and governmental services, extraordinary expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Flood and associated losses are caused by the location in flood hazard areas of buildings, structures and uses of land which are inadequately protected from flooding and erosion, and which contribute to flooding by impeding the flow of drainage and by increasing flood height through displacement of storm water in floodway and flood-fringe areas.
(`90 Code, § 16-11)  (Ord. 2570, passed - -)
§ 16-66  PURPOSE AND SCOPE.
   These regulations and standards are to protect the various portions of the urban area from flooding, to provide clean and sanitary channels for runoff, to prevent pollution of watersheds, streams and natural drainage channels, to prevent the encroachment of buildings and improvements on natural drainage channels, to equitably apportion the cost of improvements, to protect natural scenic areas and to provide for the conservation of the natural resources of the area.
(`90 Code, § 16-12)  (Ord. 2570, passed - -)
§ 16-67  APPLICATION.
   All land subdivision and development shall comply with the design and improvement requirements herein established for the protection of flood hazard areas and the prevention of erosion within the city corporate limits and within the jurisdiction of the Metropolitan Area Planning Commission.
(`90 Code, § 16-13)  (Ord. 2570, passed - -)
§ 16-68  CLASSIFICATION OF DRAINAGE CHANNELS.
   (A)   For the purposes of these regulations drainage shall be classified as follows:
      (1)   Surface drainage is runoff of a limited quantity and/or slow rate that it does not cause erosion of a defined channel;
      (2)   A minor tributary is any drainage channel having a drainage basin of 640 acres (one square mile) or less in area;
      (3)   A major tributary is any channel having a drainage basin of not less than one square mile or greater than 25 square miles; and/or
      (4)   A river is any channel having a drainage basin of greater than 25 square miles.
   (B)   It is intended that responsibility for drainage be allocated as follows, unless otherwise specifically designated;
      (1)   The developer is responsible for the following:
         (a)   All surface drainage on the subdivision or planned unit development;
         (b)   All increases in surface drainage outside the subdivision which results from the development of the subdivision;
         (c)   The improvement of all minor tributaries lying within the subdivision or planned unit development;
         (d)   Any significant increase in rate or quantity of runoff in any minor or major tributary or river which results from the development of the subdivision; and/or
         (e)   Provision for the maintenance of all floodway and flood-fringe areas of major tributaries and rivers which have not been dedicated to the public.
      (2)   The city and other levels of government will be responsible for the following:
         (a)   The improvement of floodways of major tributaries;
         (b)   The improvement of river floodways; and/or
         (c)   The maintenance of floodway and flood-fringe areas dedicated to the public.
(`90 Code, § 16-14)
§ 16-69  METHODS OF DETERMINATION.
   (A)   The designation of flood hazard areas is set forth on the official flood hazard boundary maps of the city and county.  The boundaries of all floodway and flood-fringe areas shall be designated on the preliminary and the final plat of the subdivision or development and shall be clearly marked.
   (B)   For the areas not otherwise designated in a floodway or a flood-fringe area, the developer shall be responsible for having an engineer, registered in the state, prepare a drainage assessment of all the area of the proposed subdivision or development, and all area affected by runoff resulting from development of proposed subdivision, in accordance with the following provisions:
      (1)   The 100-year maximum flood shall be used as the basis for the sizing of all drainage channels, bridges and other structures, unless otherwise specified herein.
      (2)   The calculation of stream flow and runoff characteristics of the subdivision shall be carried out in consultation with the City Engineer, and the methodology and formulas used shall result in quantities which would be not less than those derived from the application of the following formulas and values:
         (a)   Runoff from all drainage areas shall be not less than that determined by Rational Formula:
Q = AIR
            1.   Q equals cubic feet per second.
            2.   A equals area to be drained in acres, determined by field surveys for areas less than 640 acres, and by latest government quadrangle maps for larger areas.
            3.   I equals percent of imperviousness of the area.  This may vary between 40% and 95%, but no value of less than 50% may be used for saturated urban development.
            4.   R equals rate of rainfall over entire drainage area in inches per hour, based on time of concentration and latest government records for area.  (Note:  Do not use for areas above 15,000 square feet.)
         (b)   The size of closed storm sewers, open channels, culverts and bridges shall be not less than that determined by using the Manning Formula.
 
Q = 1,486r2/3s ½A
n
 
            1.   Q equals discharge in cubic feet per second.
            2.   A equals cross sectional area of water in conduit in square feet.
            3.   r equals hydraulic radius of water in conduit.
            4.   s equals mean slope of hydraulic gradient, in feet of vertical rise per foot of horizontal distance.
            5.   n equals roughness coefficient, based on condition and type of material of conduit lining, but not less than 0.013.
(`90 Code, § 16-15)  (Ord. 2570, passed - -)
§ 16-70  AREAS ON MAYOR TRIBUTARIES AND RIVERS.
   All floodway and flood-fringe areas located within the subdivision or planned unit development shall be protected and improved by the developer as follows:
   (A)   All floodways shall be designated as “flowage easements” and shall be maintained as permanent open space for use for private recreation or agriculture for which no buildings or structures are required, or dedicated to the public for drainage, recreation and utility use.
   (B)   All flood-fringe areas shall be planned for uses which are permitted in the flood fringe area of the zoning ordinance, and in no case shall the proposed use or construction cause a displacement of flood water in the flood fringe that will increase flooding in other areas of the floodway or flood fringe.
   (C)   When it is determined by the City or Country Engineer that the development of the subdivision will significantly increase runoff in the flood hazard area or will otherwise adversely affect storm water runoff, the Planning Commission may require any or all of the following to the extent needed to reduce the adverse effects of the development:
      (1)   The existing floodway lying within or immediately adjacent to the subdivision shall be cleaned to provide for the free flow of water, and the channel shall be straightened, widened and improved to the extent required to prevent overflow beyond the limits of the floodway.
      (2)   Site improvement shall provide for the grading of all building sites and streets to an elevation where all lots, building areas and streets will not be subject to overflow and in a manner that will provide for the rapid runoff of all rainfall.  The improvements shall be carried out in a manner that will preserve and protect large trees and attractive physical features of the area.
      (3)   Whenever channel improvement is carried out, sodding, back sloping, cribbing and other bank protection shall be designed and constructed to control erosion for all the anticipated conditions of flow for the segment of channel involved.
      (4)   A drainage channel shall not be located in a street easement unless it is placed in an enclosed storm sewer, or unless a paved street surface is provided on both sides of a paved channel to give access to abutting properties.
      (5)   Culverts, bridges and other drainage structures shall be constructed in accordance with the specifications of the city at all locations where drainage channels intersect with continuous streets and alleys.
(`90 Code, § 16-16)  (Ord. 2570, passed - -)
§ 16-71  MINOR TRIBUTARIES AND SURFACE DRAINAGE IMPROVEMENTS.
   All minor tributaries and surface drainage located within or immediately adjacent to and serving the subdivision shall be improved by the developer, as follows:
   (A)   All minor tributary channels shall be improved in accordance with the standards set forth in images adopted by reference, or other equivalent standards, as determined by the City or County Engineer.  All channels shall be designed to carry a 100-year maximum flood, shall be designed for self- cleaning and ease of maintenance, shall have sufficient hard surface along the flow line to prevent ponding of water, and shall have design characteristics of alignment, materials of construction and cross- sectioned elements that will be hydraulically efficient and visually harmonious with the adjacent landscape.
   (B)   Enclosed storm sewers may be required by the City or County Engineer where special or unusual conditions make open channels hazardous or otherwise unfeasible.
   (C)   Site grading shall be carried out in a manner that surface water from each lot shall flow directly to a storm sewer, improved channel or paved street without crossing more than two adjacent lots.
   (D)   Surface water collected on streets shall be diverted to storm drains at satisfactory intervals to prevent overflow of six-inch high curbs during a 50-year frequency rain for the area and grades involved.  In no case shall the drainage area served by one street exceed ten acres, regardless of the amount of flow.
   (E)   Drainage easements of satisfactory width to provide working room for construction and maintenance shall be provided for all storm sewers. In no case shall the easement be less than 20 feet.
   (F)   Bridges and culverts:
      (1)   Bridges or culverts shall be provided where water courses cross continuous streets or alleys.
      (2)   Bridges and culverts shall be sized to accommodate a 100-year frequency rain, based on the drainage area involved.
      (3)   Design of bridges and culverts shall conform to city or county construction specifications.
   (G)   Closed storm sewers:
      (1)   Closed storm sewers shall be constructed of pre-cast or prefabricated pipe or built in place of closed box design to conform with city or county specifications.
      (2)   Side slopes above the paved section shall be shaped and sodded on a slope of four horizontal to one vertical or flatter.
      (3)   Fences shall be outside of the 100-year frequency flooding line, shall not be erected below the shoulder of the sodded section, and in no case shall fences be closer than six feet (measured horizontally) to the edge of the paved section, except as specifically set out otherwise.
      (4)   Hand-laid rip rap may be substituted for sodded shoulders where desired for landscape purposed.
(`90 Code, § 16-17)  (Ord. 2570, passed - -)
§ 16-72  DRAINAGE CHANNELS AND STORM SEWERS OUTSIDE ADDITION BOUNDARIES.
   (A)   The city or county reserves the right to require improvements, provisions of drainage easements, and for provision of agreements beyond the boundaries of the subdivision to facilitate flow of water through the addition, to avoid probability of law suits based on damage from changed runoff in the subdivision, and to provide continuous improvements of the overall storm drainage system.
   (B)   Requirements outside the addition may include the following:
      (1)   Improvements may be required in channels or storm sewers flowing to or from the addition, or in channels or storm sewers located in adjacent areas that are affected by flow of water from the addition.
      (2)   The following kinds of improvements may be required:
         (a)   Enlargement or replacement of undersized drainage structures to provide free flow;
         (b)   Removal of obstruction;
         (c)   Straightening of channel;
         (d)   Widening or deepening of the channel;
         (e)   Construction of erosion control structures;
         (f)   Back sloping, sodding and/or rip rapping of bank; and
         (g)   Construction of closed or open paved storm sewers for the purposes of closing gap or continuation of overall storm sewer system.
      (3)   Property owner agreements, where required, shall be designed to protect the city or county from probable law suits for damage, caused by changed runoff condition.
      (4)   When subdivision development will result in increased runoff beyond the boundaries of the subdivision which cannot be accommodated through channel improvements without causing downstream flooding, the Planning Commission may require the construction of one or more retention reservoirs on the subdivision which will temporarily impound and discharge water from the subdivision site at the rate and volume equivalent to the discharge from the undeveloped subdivision or planned unit development site.  The design shall be for a 100-year frequency flood.  Plans shall be approved by the City or County Engineer.  The construction and maintenance of retention reservoirs shall be the responsibility of the developer.
(`90 Code, § 16-18)  (Ord. 2570, passed - -)
ARTICLE 7:  SPECIAL USE PERMITS
§ 16-85  PERMIT MAY BE GRANTED ON SPECIAL REVIEW.
   A special use permit may be granted by the City Council for certain uses specified as permitted on review in each zoning district or in this chapter. The purpose of this special review provision is to closely scrutinize those uses, which, because of the size of the land they require or the specialized nature of the improvements or land use, have great impact on surrounding properties. Therefore, they may or may not be compatible with the surrounding land uses depending upon the particular details of the development. The uses requiring a special use permit are also unusual in that there may be only one or two in a community, and therefore it is difficult to place them in a particular zoning district.
(Ord. 3105, passed 8-6-02)
§ 16-86  USES PERMITTED IN ZONING DISTRICTS UPON GRANT OF SPECIAL USE PERMIT.
   Upon consideration of all pertinent information as required by this chapter, the City Council, after review by the Planning Commission, may grant a special use permit to authorize the uses listed in the individual zoning districts under the category “Special Permit Uses.”
(Ord. 3105, passed 8-6-02)
§ 16-87  APPLICATION AND SITE PLAN REVIEW PROCEDURE FOR SPECIAL USE PERMIT.
   (A)   Application requirements. An application for special use permit shall be filed with the City Planning Commission. At time of filing the applicant shall pay a fee as set forth in the fee schedule at the end of this code to cover the cost of publication notice and investigation. Said applicant shall submit a list of all record property owners and their current addresses within a 300 foot radius of the boundaries of the total site used for the special use permit described or the boundaries of the property ownership.
   (B)   Site plan. A complete site development plan shall be filed with each application, which shall show the location of buildings on the property, the elevation of the buildings and general description of the materials to be used on the building and including any landscape plan.
   (C)   Hearing procedure. The City Planning Commission shall hold one or more public hearings on the application and shall within 45 days of the application transmit to the City Council its report as to the effect of such proposed building conditions, public utilities and other matters pertaining to the general welfare, and the recommendations of the Planning Commission concerning the use thereon. Thereupon, the City Council will hold one or more public hearings at which time they may authorize or deny the issuance of a building permit for the use of land or buildings as requested.
   (D)   Factors to be considered. The action of the City Council with any application may include the requirements of landscaping, fencing, walls, and other features deemed necessary to further the purposes of this chapter and such features shall be provided and maintained during the continuance of any use of which they are appurtenant. The following factors should be considered:
      (1)   The location and area of main and accessory buildings on the site and in relation to each other and to adjacent use:
      (2)   The number and arrangement of parking spaces, traffic spaces, traffic circulation areas, the adequacy and manner of lighting thereof, and its effect on surrounding properties;
      (3)   The relationship between the off-street parking areas and points of ingress and egress and the traffic circulation both within and without the site;
      (4)   The provisions of adequate off-street loading and service facility;
      (5)   The provision for proper facilities for the accumulation and disposal of garbage and trash;
      (6)   The provision of fences, walls and landscaping in the facilities and manner of maintenance thereof;
      (7)   Such other factors as may be necessary to secure and protect the public health, safety, comfort, convenience and general welfare.
   (E)   Special condition for special use permit.
      (1)   No use approved under special use permit shall be commenced or maintained upon a lot or parcel except in accordance with the approved site plan.
      (2)   Special permits shall expire by default:
         (a)   If the use is not established within 12 months and no building permit has been issued or no extension is approved.  If a building permit has been issued and construction commences within the time provided before expiration of the building permit, then the special use permit shall be extended.  When a building permit has not been issued for construction within 12 months of the City Council approval of the special use permit the applicant or owner may request a hearing for an extension of the special use permit.  Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval.
         (b)   If the use once established has been discontinued for a period of 12 months or abandoned.
         (c)   Whenever the Building Inspector finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the City Council for its review.
         (d)   When the holder of the special use permit determines that an extension of time or modification of site development and plan or other requirements is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as the original application.
(Ord. 3105, passed 8-6-02; Am. Ord. 3136, passed 4-20-04)