A. Purpose: This section provides a discretionary approval process for use on review permits, which are required for uses that have unique or widely varying operating characteristics or unusual site development features. The uses classified as specific uses tend to more intensely dominate the area in which they are located than do other permitted uses in the district. Care should be taken to integrate specific land uses with other uses in the area and to prevent adverse impacts on the community at large. The procedure encourages public review and evaluation of a use's operating characteristics and site development features. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this title.
B. Relationship To Site Plan Requirements: A conceptual site plan shall be submitted with specific use permit application. The formal site plan that is submitted later shall be in substantial compliance with the conceptual site plan approved by the City Council.
C. Procedure: The common development review procedures of section 10-6-2 of this chapter shall apply, with modifications as noted below.
1. Step 1: Preapplication Conference: Applicable.
2. Step 2: Development Application Submittal: Applicable.
3. Step 3: Determination Of Application Completeness: Applicable.
4. Step 4: Notice: Published, written and posted notice applicable.
5. Step 5: Staff Report: Applicable.
6. Step 6: Public Hearing: Applicable.
7. Step 7: Decision And Findings: Applicable. The following additional procedures shall apply:
a. Planning Commission's Review And Recommendation: The Planning Commission shall hold a public hearing on the proposed application and, within thirty (30) days from the date of receipt of the complete application, recommend approval, approval with modifications and/or conditions, or denial of the application based on the applicable approval criteria below. The commission may continue the hearing on the decision for a maximum of sixty (60) days. The recommendation shall be referred to the City Council for final action.
b. City Council Review And Action: Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve with modifications and/or conditions, or deny the application, or request that the application be further reviewed by the Planning Commission.
c. Indication On Zoning Map Required: A zoning change is not required for specific use permits; however, the location of each approved specific use permit shall be indicated on the zoning map as follows: "URP (the number of the request for a use on review permit)".
8. Step 8: Approval Criteria: Applicable, as follows: A specific use permit may be approved only if the City Council finds that all of the following criteria have been met:
a. The proposed use is consistent with all applicable provisions of this title and applicable State and Federal regulations;
b. The proposed use is consistent with the purpose and intent of the zoning district in which it is located;
c. The proposed use is consistent with any applicable specific use permit standards set forth in section 10-3-2, "Use On Review Permit Standards", of this title;
d. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);
e. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable;
f. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and
g. Adequate assurances of continuing maintenance have been provided;
9. Step 9: Conditions Of Approval: Applicable, with the following additions:
a. Any of the conditions imposed by the permit shall be considered as conditions precedent to the granting of a building permit for the specific use allowed.
b. Following approval, a site plan meeting the conditions specified in the specific use permit shall be required of the applicant and shall be submitted and processed pursuant to section 10-6-6 of this chapter.
10. Step 10: Amendments: Applicable, with the following addition: No approved specific use permit may be modified, physically expanded, hours of operation extended, or otherwise altered unless amended in accordance with the procedures applicable to initial approval of a specific use permit as set out in this title.
11. Step 11: Lapse: Applicable, as follows:
a. In the event of noncompliance by the applicant with the specific use permit or any conditions of approval, or if the specific use is not in operation within one year after the date of its approval, the specific use permit shall expire. An applicant may file an application to renew the specific use permit. Such renewal shall occur in the same manner as for original approval as provided in this section.
b. Should the specific use cease operation for a period longer than one year, then the permit shall be considered void and shall require a new application. (Ord. 420, 12-18-2017)