§ 154.043 SPECIAL USE CONFORMANCE REGULATIONS.
   Unless the City Council specifies otherwise, all special permit uses shall comply with the building and area regulations of the zoning district for which the use is approved. All special permit uses shall also be required to conform to:
   (A)   The land subdivision ordinance and regulations.
   (B)   Site plan approval by the Planning and Zoning Commission as follows:
      (1)   Prior to the issuance of any building permit, there shall be submitted to the Planning and Zoning Commission for its approval a site plan drawn to an acceptable scale and with copies. The scale and number of copies shall be that deemed necessary by the City Secretary or other designated city official.
      (2)   The site plan shall show, but not be limited to, the arrangement of the proposed improvements in detail, together with the essential requirements, such as parking facilities, location of buildings and other structures, means of ingress and egress, areas to be landscaped, together with any other requirements provided by the comprehensive zoning code, or other valid ordinance of the city.
      (3)   A landscape plan must be submitted as part of the required site plan and approved by the Building Inspector before a building permit shall be issued. The plan must be totally implemented, inspected and approved before a certificate of occupancy shall be issued. The landscape plan will be reviewed by the Planning and Zoning Commission for recommendation to and approval by the City Council as part of the required site plan.
      (4)   The Planning and Zoning Commission consideration shall include: paving and layout of streets, alleys and sidewalks; means of ingress and egress, and provisions for drainage; parking space, protective screening and open spaces; areas designated for landscaping; internal and perimeter lighting which shall be designated so as to reflect light away from surrounding areas and any other aspect deemed by the Planning and Zoning Commission necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.
      (5)   In the approval or disapproval of the site plan, the Planning and Zoning Commission shall not be authorized to waive or vary conditions and requirements contained in this chapter, or amendments thereto, or other valid ordinances of the city.
      (6)   It shall be unlawful to issue a building permit prior to the approval of the site plan by the Planning and Zoning Commission. No building permit shall be issued except in conformity with the approved site plan, including all conditions of approval applied by the Planning and Zoning Commission.
      (7)   For the purpose of assisting in-process planning, a preliminary site plan may be submitted for Planning and Zoning Commission consideration. Such preliminary site plan may contain any or all of the site plan requirements and must be drawn to scale, submitted in adequate quantity and titled “preliminary site plan.” The approval of a preliminary site plan will not imply approval of all elements of a site plan. It shall be unlawful to issue a building permit on a preliminary site plan.
   (C)   Special requirements as may be required by the City Council, as well as any special requirements in the zoning district for which the use is approved, including but not limited to:
      (1)   The outside storage and display of goods, wares and merchandise is prohibited, except as may be specifically authorized by the City Council or by the zoning district for which the special use permit is granted.
      (2)   Refuse and waste storage areas shall conform to standards as may be required by the city.
      (3)   Security bond.
   (D)   Site landscaping.
      (1)   Landscaped area is defined as the improving of land and placing thereon live flowers, shrubs, trees or grasses, decorative fixtures such as fountains, water treatments, sculptures, retaining walls, berms, fences and specially treated walkways. These features shall be treated as and go toward the calculation of total landscaped area. Required sidewalks and access sidewalks may not be included in the calculated landscaped area.
      (2)   All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems and shall be properly maintained.
      (3)   Five percent of the lot area shall be maintained in landscaped open area in front of the building line. Also, if the parking and maneuvering space exceeds 20,000 square feet, at least 5% of such space shall be maintained as landscaped area, a requirement in addition to the 5% of the lot area requirement. It is the intent of this section to require design and construction of parking areas in a manner to ensure areas unusable for parking or maneuvering space be landscaped.
      (4)   If all of the city right-of-way is landscaped and maintained, such landscaped portion will reduce the amount of required landscaped area of the lot by that amount (square foot for square foot).
      (5)   The city shall have the power to plant, preserve, spray, trim or remove any tree, shrub, or plant on any parkway, alley or public ground belonging to the city.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999