Article IX, Divisions 1-3 (Sec. 120.1-274 through 120.1-290)

Other

• Amendments to special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permits

  Any amendment or change of substance to an approved special use permit shall be subject to the same procedures and standards as for a new application. Minor modifications to an approved site plan or building detail may be authorized by the zoning administrator when such modifications do not: significantly alter the boundaries of the property; conflict with specific requirements of this chapter or specific conditions of the approved special use permit; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have any appreciable effect on surrounding properties.

• Permits run with land

  Special use permits shall run with the land and be binding on all future owners, unless specifically amended or repealed by the city council pursuant to the provisions of this article, provided that in its approval of a special use permit, the city council may for good cause specify a particular time at which the special use permit shall expire and become null and void.

• Compliance with approved plans

  Special use permits are issued on the basis of approved applications and plans, and authorize only the construction, arrangement and use set forth by such applications and plans. Any construction, arrangement or use not in compliance with that which is specifically authorized by approved applications and plans shall be deemed a violation of this chapter.

• Conditions may be imposed

  The planning commission may recommend and the city council may impose such reasonable requirements and conditions, including limiting the duration of a special use permit, as deemed necessary to meet the guidelines set forth in this article and to accomplish the intent and purpose of this chapter.

• Enforcement and revocation

  Special use permits shall be enforced in the same manner as other provisions of this chapter. Failure to comply with approved plans or conditions of a special use permit shall constitute a violation of this chapter. The city council may, after giving notice and holding a public hearing as provided by this article, revoke a special use permit if it determines there has not been compliance with its terms or conditions.

• Expiration of special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.1 year

  An approved special use permit shall become null and void if no building permit to construct the authorized improvements has been issued within one year of the date of approval. A special use permit for which no building permit is required shall become null and void if the use is not established within one year of the date of approval.

• Factors to be considered

  In evaluating and acting upon special use permit applications, the planning commission and the city council shall consider, among other factors: the adequacy of utilities, access and necessary public facilities and services; off-street parking and vehicular circulation; the arrangement of and relationship among elements of the site plan; the extent to which natural vegetation and topographic features are to be retained; and the adequacy of separation, landscaping, buffers, yards and other features to protect adjoining and surrounding property from potential adverse effects of the special use.

• Filing fee

  A filing fee in such amount as established by general rule by the city council shall accompany each application for a special use permit.

• General standards for approval

  A special use permit shall be approved only when the city council is satisfied that the use and operation thereof will not: conflict with objectives of the comprehensive plan; have an undue adverse impact on adjoining and surrounding property as a result of traffic, noise, lights, dust, odor, or fumes; unreasonably impair light and air, convenience of access or safety from fire, flood and other dangers; create or unreasonably increase congestion on adjacent streets; overburden utilities, public facilities or public services.

• Required plans and report

  Special use permit applications shall be accompanied by plans in such numbers as determined by written policy of the city council. Plans shall contain such information as specified in Article VIII of this chapter pertaining to site plans. The zoning administrator shall not have authority to waive any of the plan requirements. In addition to such plans, the applicant shall submit a report with the application explaining the manner in which the proposed special use will conform to the standards and guidelines set forth in Division 2 of this article.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. required

  A use indicated as permitted subject to a special use permit by any of the district regulations set forth in Article II of this chapter shall be authorized only upon approval of a special use permit by the city council.