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MapLink™ | Procedures | Specific Use Permits

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Specific Use Permits
Specific uses.
The city council by an affirmative three-fourths vote, after public hearing and proper notice to all parties affected, and after recommendations from the planning and zoning commission that the use is in general conformance with the master plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of certain uses in a special district. The application shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project. The application must show: off-street parking facilities; size, height, construction materials, locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, paintings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.
Specific use permit regulations.
(a) In recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of building construction.
(b) Every specific use permit granted under these provisions shall be considered as an amendment to the city zoning regulations as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premise, or land uses under the specific use permit is voluntarily vacated for a period of no less than six months, or if such building, premise, or land is more than 50 percent destroyed by fire to other cause, the use of the same shall conform to the regulations of the original zoning district of such property unless a new and separate specific use permit is granted for continuation of the use.
(c) In granting a specific use permit, the city commission may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such specific use permit; and such conditions shall not be construed as conditions precedent to the granting of the certificate of occupancy.
(d) No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the special use permit, as attached to the site plan drawing (or drawings and approved by the planning and zoning commission).
(e) A building permit shall be applied for and secured within six months from the time of granting the specific use permit; provided, however, that the city council may authorize an extension of this time upon recommendation by the planning and zoning commission.
(f) No building, premise, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alteration, or change.
(g) The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification, or any other action taken relating to such specific use permit.
(h) When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, the amendment to indicate the appropriate zoning district for the approved use and suffixed by an S designation.
(i) The city council, in its determination that a specific use permit be granted, shall set additional conditions to those specifically enumerated in subsection (a) of this section, as it may deem in the best interest of the community. The specific use permit shall be effective for 90 days to two years following date of issuance. The city council may, upon expiration, extend the specific use permit upon the affirmative recommendation of the planning and zoning commission for a like amount of time.