A. General. The uses listed under the various districts within the Use Chart as "S" or Specific Use Permit (SUP) are so classified because they may have adverse effects or more intensely dominate the area in which they are located than do other uses permitted in the district.
B. Specific Use Permit (SUP) Application Process.
1. Procedures for Processing an SUP.
a. The Director of Planning shall initiate review of the SUP.
b. Planning and Zoning Commission shall review and recommend approval, approval with conditions, or denial of the SUP to the City Council.
c. After receiving recommendation from Planning and Zoning Commission, City Council shall approve, approve with conditions, or deny the SUP. Although the approval of the SUP does not change the zoning classification.
d. Both Planning and Zoning Commission and City Council shall provide the required public hearing and notice in accordance with 2.10.04. Public Hearings and Notification Requirements.
2. Compatibility Conditions.
a. The Planning and Zoning Commission and City Council may require conditions and safeguards as necessary to protect adjoining property.
b. A use allowed by an SUP shall be in general conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property.
3. Required Information.
a. Each Application shall be accompanied by a Site Plan (see 2.10.07. Site Plans) and such other information as is required by this UDC.
b. The Planning and Zoning Commission or City Council may require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
C. Specific Use Permit Regulations.
1. In recommending that an SUP for the premises under consideration to be granted, the City Council shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall consider the following factors:
a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
b. Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use;
c. Provisions for drainage;
d. Adequate off-street parking and loading;
e. Safety from fire hazard and measures for fire control;
f. Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space;
g. Heights of structures; and
h. Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare.
2. In granting an SUP, the City Council may impose conditions and time limits which shall be complied with by the owner or grantee before a Certificate of Occupancy may be issued by the Building Official for use of the building on such property pursuant to such SUP, and such conditions are precedent to granting of the Certificate of Occupancy.
D. Acceptance and Agreed Compliance by the Applicant, Owner, and Grantee. No SUP shall be granted unless the Applicant of the SUP shall be willing to accept and agree to be bound by and comply with the ordinance adopting the SUP, as well as the attached Site Plan drawings approved by the City Council and shall comply with the minimum requirements provided in the zoning district in which the property is located.
E. Specific Use Permit Expiration and Extension.
1. SUP Expiration.
a. A SUP shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the SUP.
2. Specific Use Permit Extension.
a. The City Council may authorizes an extension beyond the six (6) months upon recommendation by the Director of Planning.
F. Amendments Required for Changes. No building, premise, or land used under an SUP may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved SUP is granted for such enlargement, modifications, structural alteration, or change.
G. Prohibition of Board of Adjustment Action. 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 SUP.
