§ XIII. Specific use permits.

(1)

In addition to the certificate of occupancy and compliance called for in article VII, section 7.4 above, a specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated:

Specific Use	District
Automotive storage yard	M-1
Automotive wrecking and salvage yard	M-1
Cemetery or mausoleum	In any district
Child care facility as defined by state with exception of "Registered Family Home"
Church or other place of worship including parish houses and Sunday schools but excluding missions or temporary revivals	In any district
City, county, state and federal government administrative buildings	R
City, county, state and government garage, maintenance yard, or similar government establishment	R
City fire and police station	R
Concession stand within a park, playground or playfield	R
Earth moving and excavations depositing of construction materials, clay, earth, gravel, minerals, rock, sand, or stone or the ground	In any district
Electrical substation	R
Gas compressor or regulator station	R
Golf course, but not including commercial golf games or amusement	R
Ground floor residential apartment to be occupied by owner or owner's agent and immediate family of owner or owner's agent	C-1
Institution, correctional, detention, penal or for use of insane, feeble patients on a minimum site of 15 acres	R
Institution for children and aged; nonprofit	R
Land reclamation project using tires	In any district
Light fabricating	C-2
Mining, including exploration for or production of gas or oil; extraction of clay, gravel or sand; quarrying of rock or stone	In any district
Personal day care facility as defined by state law	R
Public library or museum	R
Radio or television broadcasting transmitter or tower, microwave relay tower	In any district
Sanitorium on a site of 10 acres of [or] more	R
Schools; kindergarten; elementary, intermediate, high, college and universities, public, private or denominational	In any district
Sexually oriented business	C-2 only
Shopping center on a site of 5 acres or more	R
Telephone exchange but not including garage shop or service	R
Two-family dwelling other than a townhouse	R-3
Any other use for which a specific use permit is required by section VI(B)(35) or section VII(B)(20) of this appendix	Any applicable district

 

Parking requirements for each specific use are to be determined by the city council.

(2)

A specific use permit is an amendment to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established. The public hearing process shall be in accordance with sections 13.1, 13.2 and 13.3 of article XIII of the [this] zoning ordinance.

(3)

The building official shall not issue a certificate of occupancy and compliance for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in article XIII.

(4)

The purpose of the regulations described in this subsection [section] is to allow the proper integration into the city of uses which may be suitable only in specific locations in a zoning district.

(5)

Application for a specific use permit shall be made by the property owner or certified agent thereof to the planning commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a site plan. Specific use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting of a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(6)

The fee to cover administrative and processing costs of a specific use permit application may be established by the city council.

(7)

In considering any application for a specific use permit, the planning commission shall give due regard to the nature and condition of all adjacent uses and structures. The planning commission may recommend disapproval of an application for a specific use permit, and, in recommending approval of a specific use permit, the planning commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for protection of adjacent properties and public interest.

(8)

Provided that the planning commission finds:

(a)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan of the city;

(b)

That any additional conditions stipulated by the planning commission as deemed necessary in the public interest have been met; and

(c)

That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community;

the planning commission shall make a favorable recommendation in behalf of the application to the city council.

(9)

Every specific use permit granted by the city council shall be considered as an amendment to the [this] zoning ordinance as applicable to such property. In granting such permit the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy and compliance may be issued by the building official for the use of the buildings on such property pursuant to said specific use permit; and such conditions precedent to the granting of the certificate of occupancy and compliance.

(10)

Following the passage of a specific use permit ordinance by the city council, the building official shall issue certificate of occupancy and compliance, as provided in article VII, section 7.4 above, and shall ensure that development is undertaken and completed with said permits.

(Ord. No. 79-22, § 2(22), 8-9-79; Ord. No. 83-23, § 3, 12-8-83; Ord. No. 92-17, § 2(n), 11-5-92; Ord. No. 97-12, § 2(d), 9-11-97; Ord. No. 99-22, § 2, 7-8-99; Ord. No. 96-04, § 2, 3-28-96; Ord. No. 2002-12, § 2, 8-22-02; Ord. No. 2010-16, § 2(2), 8-26-10; Ord. No. 2010-27, § 2(5), 12-9-10)