(A) Uses subject to review authorized. Certain uses are listed in individual zoning district regulations as uses subject to review because they may or may not be compatible with the surrounding land uses permitted in that district. In such cases the property owner shall make application, notice equal to the requirements for a special permit application described in this subchapter shall be given, and the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The application shall be accompanied by a site development plan and other evidence to show why the application and development as proposed are compatible with the surrounding area. City Council action required is a resolution approving a use subject to review.
(B) Special permits authorized. If it is determined by the city that a proposed use has not been included within this chapter as a permitted use, conditional use or a use subject to review, a property owner may apply for issuance of a special permit by the City Council. Applications for special permits may be approved only after public hearings have been held thereon by the city’s Planning Commission and the City Council in the manner and subject to the same notice requirements as are applicable to amendments of this chapter and changes in the zoning district classification of a property. After hearing an application, the city’s Planning Commission shall promptly report its recommendation to the City Council. City Council action required is a resolution approving a special permit.
(C) Uses requiring a special permit. This chapter is intended to be inclusive enough to include all possible uses. However, if a use cannot be found in the use regulations of this chapter, or if it is listed below, a special permit is necessary before it can be permitted in the city. All applications for special permit shall be accompanied by a detailed site plan drawn to scale showing the nature of the activity and addressing the requirements established in this section.
(1) Injection and disposal wells of all types.
(a) Consideration should be given to access and safety factors and noise mitigation when the proposed operation is close to a residential area.
(b) Applicant shall provide evidence that the project is shall be in full compliance with all requirements of the code of ordinances of the city and the state and federal governments.
(2) Extraction of sand, gravel and other materials.
(a) Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
(b) Public roadways used by the operator shall be evaluated for potential wear and tear.
(3) Landfill: solid waste or construction materials.
(a) Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
(b) Public roadways used by the operator shall be evaluated for potential wear and tear.
(c) No landfill shall be located closer than 2,640 feet to any residential dwelling, school or place of public assembly without the written consent of all residents and owners of property within 2,640 feet of any boundary of the proposed site.
(d) No landfill shall be located within 100 feet of the centerline of an adjacent street, road, or highway; or 80 feet from any property lines, whichever is greater.
(e) No landfill shall be located within the front or side yard setback area established for the zoning district in which the landfill is located.
(f) A sight-proof fence shall be required on all sides.
(g) Maximum landfill height: 35 feet.
(h) The site and operation shall conform to all state and federal requirements, including, but not limited to, ground water protection, drainage and erosion.
(4) Gun range, rifle range or pistol range.
(a) Outdoor range shall not be located within 600 feet of a residence.
(b) Range area shall be completely fenced, have controlled access point and be posted.
(c) Site development plan shall be submitted and have review and recommendation for approval by Police and Fire Chiefs.
(5) Heliport or helicopter landing pad.
(a) The applicant shall submit record of approval by any relevant federal agencies prior to Planning Commission consideration of the application.
(b) Landing site shall be fenced to control access.
(6) Airport or landing strip serving more than two private airplanes. The operator shall demonstrate control of required safety zones bordering the runway to ensure public safety.
(7) Cemetery, mausoleum, crematorium or columbarium.
(a) A site plan for appropriate fencing, screening, landscaping, buffering or a combination hereof, shall be submitted for review and approval.
(8) Oil and/or gas wells.
(a) Review and approval for oil and/or gas wells shall be subject to, but not limited to, the requirements and provisions outlined within the current Ch. 113 of this code of ordinances and/or all subsequent amendments to those provisions; including, but not limited to, the recodification of those provisions to another chapter, subchapter, section or division within this code of ordinances relating to oil and gas drilling, as well as any subsequent codes relating to oil and gas exploration.
(b) A site plan, drawn to scale, shall be submitted with each application, with adequate information to determine the exact location of the drill site as well as ancillary and accessory uses and equipment to be used in conjunction with the drilling operation. The site plan shall, at a minimum, depict the access route to the drilling site; security fencing during the drilling operation as well as after the well is completed. The site plan shall show any proposed screening and beautification applications to be installed.
(c) In conducting the review and evaluating the appropriateness of the issuance of a special permit the matters considered shall include, but not be limited to, the following matters:
1. Consideration shall be given to existing uses of surrounding land and the appropriateness of oil and gas production within that setting;
2. Consideration shall be given to the environmental impact to the surrounding land and city;
3. a. Consideration shall be given to the form of fencing appropriate. Fencing shall be required in all instances and a site-screening plan shall be required unless a temporary exemption is granted as part of the special permit. Any temporary exemption shall be based upon the surrounding use being agricultural and upon any change in the adjacent use the fencing shall be modified to be site-screening and/or incorporate plantings to accomplish site-screening; and
b. The Planning Commis- sion shall review and determine the type of site screening fence, plantings or combination thereof, or recommend to the City Council the granting of a temporary exemption from site screening as part of their recommendation on the issuance of the special permit to the City Council at the time of their review of the special permit application. If a temporary exemption has been granted and there is a change in the adjacent use which terminates the temporary exemption, the Planning Commission shall review the application of the holder of the special permit for approval of a site screening plan and upon approval thereof authorize the issuance of an amended special permit eliminating the temporary exemption and incorporating the provisions for the approved site screening plan.
4. Consideration of the provisions for and potential impact of ingress and egress upon the city roadways and traffic safety;
5. Consideration of the site size provisions. Consideration shall be given to the setback provisions of § 113.21 of this code of ordinances; and
6. Any special permit issued by the city shall be in accordance with and shall incorporate the requirements of Ch. 113 of this code of ordinances. (Any reference in that chapter to conditional use shall not restrict or limit the application of the provisions of Ch. 113 of this code of ordinances to a special permit for extraction of oil and gas products.)
(2002 Code, § 154.070) (Ord. 486, passed 5-12-2003; Ord. 498, passed 10-13-2003; Ord. 523, passed 3-14-2005)