A. Plans And Data To Be Submitted Prior To Submission Of A Request For A Specific Use Permit: The appointed City Staff Member may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the City Council relative to any application for a Specific Use Permit, the Planning Commission will establish the requirements necessary for consideration of the application. The Commission shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the Planning Commission as necessary during the application process. The Planning Commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the Commission may require those engineering and/or environmental impact studies necessary for the City of Poteau evaluation of the proposed use. Further, the Commission may require such other information as necessary to evaluate the proposed specific use.
B. Planning Commission Requirements: The Planning Commission may, in the interest of the public welfare and to assure compliance with the intent of this chapter and the Poteau Comprehensive Plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The Planning Commission may recommend the City Council impose certain safeguards and conditions including, but not limited to: bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, ingress and egress, off-street parking and loading arrangements, location or construction of buildings and uses, and land use intensity/density as may be required depending upon the proposed use and its potential effect on adjacent areas or the community. If the Planning Commission fails to review and make a recommendation within ninety (90) days from the date the application is accepted for processing, the City Council may take action on the application.
C. City Council Requirements: The City Council shall have the same authority as the Planning Commission under subsection B, and in addition may make additional requirements for review and conditions that in its discretion are in the interest of the public welfare and to assure compliance with the intent of this chapter and the Poteau Comprehensive Plan.
D. Detail Plans: A Detail Plan setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the Specific Use.
E. Designation Of Zoning Map: A Specific Use Permit approved under the provisions of this Zoning Code shall not be considered as an amendment to the zoning ordinance; however, the Specific Use Permit shall be noted on the zoning map as follows: SUP - (the number of the request for a Specific Use Permit). Any of the conditions contained in a Specific Use Permit approval shall be considered as conditions precedent to the granting of a Building Permit for the specific use provided for.
F. Time Limits For Implementation: If for any reason the approved specific use ceases operation for a period of two (2) years, then the approval of said specific use shall be considered void and will require another public hearing review by the Planning Commission and City Council. This shall also apply to any approved specific use that does not begin operation within two (2) years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of the Specific Use Permit ordinance, including nonconforming uses and their incidental and accessory uses, must receive a Specific Use Permit before any expansion of the use is permitted or the municipality may act or approve any state or local permit/certificate. (Ord. 800, 6-7-2021)