§ 25-99. Exceptions by special use permits.

(a)

A special use permit is an act of granting permission to use land in a manner not permitted in a given zoning district following a public hearing before the planning and zoning commission and approval of a special use permit ordinance by the city council setting forth the terms and conditions of said special use.

The granting of a special use permit should be conditional to the findings that there will be no substantial injury to the value of other property in the neighborhood in which it Is to be located, public convenience will be served by the proposed special use, and that the proposed special use is compatible with surrounding permitted uses. The granting of a special use permit may be subject to certain conditions reasonably necessary to meet such standards. Examples of standards could be: site buffering or screening; landscaping; setting hours of operation; restriction of merchandise sold; building setbacks; noise level management; storm water management; advertising signage limits; building exterior standards; number of employees; etc.

(b)

Application for permit. The granting of special uses shall not exist as a matter of right, but only upon issuance of a special use permit by ordinance of the city council after a public hearing and prior consideration and recommendation of the planning and zoning commission. Special uses shall be considered an exception to the general provisions of the zoning ordinance.

(1)

Application for a special use permit may be by any interested party having a right of use of the land seeking such use, in written and documentary form, executed or endorsed with approval and authorization by the owner of the land upon which the same is to be located and by the holder of any debt, secured by lien and record thereon. The application shall be the first considered by the planning and zoning commission after public hearing at which interested parties and citizens shall have an opportunity to be heard. The commission shall thereupon make its recommendation to the city council. At least fifteen (15) days' notice of time and place of the hearing before the planning and zoning commission shall be published in a newspaper of general circulation in the city, qualified to publish such legal matters. All reasonable effort shall be made to notify the nearby owners of property proposed for special use, therefore owners of all land within an area to be determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be rezoned, by certified mail, addressed to their last known address.

(2)

Such application shall contain the following information:

a.

Names of owners of the land included in the application;

b.

Accurate legal description of land for which such use is sought;

c.

Full, specific and particular description of the use sought, both as to function and operation, and as to any structures, installations, equipment or surface improvement or change incident to such use;

d.

A plan or drawing showing the location of such land, and of any structures, installations, equipment or change or surface contemplated, including all public ways, with access thereto;

e.

Names and addresses or all owners of land adjoining and within one hundred eighty-five (185) feet of that for which such permit is sought;

f.

Any person, property owner or other interested parties requesting that a tract or parcel of land, lots or blocks be allowed special use, shall provide the planning and zoning commission with a complete list of the names, addresses and legal descriptions of land of all adjacent and adjoining property owners, within one hundred eighty-five (185) feet of the proposed area to be changed or rezoned. Such list shall be certified as to accuracy by an abstracter, and the costs of such list and certification shall be paid by the requesting person, owner or parties, which shall also include the expense of certified notice to adjacent and adjoining property owners or owner entitled to such notification. The planning and zoning commission shall have the further right to require the requesting party to provide a scale plat, drawings plat or drawing of the area proposed to be changed and the surrounding area if, in their opinion, the circumstances warrant such change;

g.

Period of time of the term of such special use permit if applicable.

(3)

Before granting a special use permit the city council and planning and zoning commission shall establish that:

(a)(1)

The special use is necessary for the public convenience at that location;

(b)

The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; and

(c)

Such special use shall conform to the applicable regulations of the district in which it is to be located; and

(d)

The petitioner cannot reasonably locate the proposed use in an existing zone suited for the intended use.

(c)

Recommendation of planning and zoning commission. The recommendation of the planning and zoning commission upon hearing such application, need not be limited to approval or disapproval of the application(s) filed, but may be conditional according to its terms, and shall include, by reference to the application, the following:

(1)

Identification of owners of property for which such use is sought;

(2)

Accurate legal description of the land for which such use is sought;

(3)

Specific and detailed description of the special use to the extent;

(4)

Statement of any recommended conditions of requirements to be met or complied with in the event the special use permit is granted;

(5)

Statement of recommended term of use if applicable in the public interest.

(d)

Action by council.

(1)

The action by the city council, after receiving the recommendations of the planning and zoning commission, may be by ordinance, but shall not constitute an amendment to the zoning ordinance of the city;

(2)

If the action is to deny the application, it shall be sufficient to so state;

(3)

If the city council elects to grant a special use permit, the form of the ordinance shall constitute such permit, and shall include the following information:

a.

The name of the permittee;

b.

The name of the owner of land as to which such permit is granted;

c.

Accurate legal description of the land for which the same is granted;

d.

Full, specific and particular description of the use permitted. Statement of the period or time for which such use is permitted if applicable;

e.

Statement of the period of time for which such use is permitted if applicable;

f.

Accurate and detailed statement of special conditions and requirements both as to the issuance of such permit, and as to the continuing validity thereof;

g.

If written protest be filed at any time before the action of the city council with respect to such special use permit by the owners of ten (10) percent or more either of the areas of the land included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries or the district purposed to be changed, such permit shall not be allowed except by the favorable vote of two-thirds of the members of the city council.

(e)

Conditions of all special use permits.

(1)

If there be violation of or noncompliance with any of the stated conditions of such special use permit during the term thereof, the same shall be subject during revocation by resolution of the city council after public hearing after notice to the then owner and occupant of the land which is subject to the use. Upon such revocation, such permit shall thereafter be void and no effect;

(2)

Such special use permit shall not constitute a defense to any lawful action for civil or private rights on account of any such use;

(3)

If such special use permit shall be for a limited or stated term of use, the same may be extended by the city council after public hearing and report by the planning and zoning commission; however, notice to property owners that are within one hundred eighty-five (185) feet shall not be required for a special use permit extension.

(4)

If a permitted special use ceases for a period of six (6) months or more, it shall be automatically void. Use regulations pertaining to the tract shall be the same as if the special use permit had never been granted;

(f)

Special uses for consideration. Examples of special uses which may be permitted may include, but are not limited to:

(1)

Amusement parks, privately owned baseball or athletic fields, racetracks;

(2)

Bed and breakfast;

(3)

Cemeteries, mausoleums or crematories for the disposal of the dead;

(4)

Clubs, private;

(5)

Day nursery, over ten (10) children;

(6)

Drive-in theaters;

(7)

Golf driving ranges, commercial or illuminated;

(8)

Communal houses—Residential A or B, subject to the provisions of sec. 25-99A.

FRATERNITY, SORORITY; RESIDENTIAL (R)

If fraternities and sororities are strictly residential, with the exception of regular scheduled chapter business meetings, a permit may be granted under the same conditions normally required of any special use or planned zoning request. They are as follows:

(a)

Site buffering, screening, if necessary;

(b)

Parking lot lighting with low profile lighting restrictions;

(c)

Landscaping;

(d)

Storm water management (review and approval);

(e)

Sign (review and approval).

FRATERNITY, SORORITY; NONRESIDENTIAL

All of the above development criteria for fraternity, sorority; residential (R) shall be required in addition to the following:

If fraternities and sororities include rooms inside the main building or accessory structure(s) for the function of social gatherings, parties, etc., then the following restrictions shall be considered.

(a)

Any building allowing social activity shall have building setbacks from any residential neighbors property line of fifty (50) feet;

(b)

Noise levels shall be maintained according to the standards set forth in section 25-24;

(c)

Parking as required by article IV, Off Street Parking and Loading (Fraternities and Sororities);

(d)

In the event that a majority of fee holders of interest of property within one hundred eighty-five (185) feet of the property requesting a nonresidential special use permit for a fraternity or sorority, sign a verified petition against the request for special use permit, the city planning and zoning commission and city council shall be required to approve the request by a two-thirds majority of the members present at the respective meeting of said commission and council;

Fraternities and sororities which are classified as nonresidential shall be considered as meeting and public assembly halls for purposes of this ordinance.

(9)

Gun clubs, skeet shoots or target ranges;

(10)

Keeping of horses or ponies on a lot one (1) acre or larger;

(11)

Camping areas, picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only;

(12)

Nursery sales office, building, greenhouses or area (wholesale or retail);

(13)

Nursing and convalescent homes;

(14)

Public buildings;

(15)

Taxi and other transportation terminals;

(16)

Riding stables and tracks;

(17)

Sewage, refuse, garbage disposal plants;

(18)

Buildings, structures and premises for public utility services, or public service corporations, which buildings or uses the council deems reasonably necessary for public convenience or welfare;

(19)

Off-street parking lots or structures of a temporary or permanent nature;

(20)

Veterinarian;

(21)

Accessory uses.

(g)

Plan approval. All plans for construction or alteration to allow the establishment of a special use shall be submitted to the code administrator for review prior to issuance of permits. Such plan review shall be for the purpose of determining compliance with those conditions and stipulations which were proposed at the time of public hearing and initial action; and for further determination that the project, as it is proposed in final form, will comply with the spirit and intent of this section.

(Ord. No. 11029, § 11, 4-6-92; Ord. No. 11296, 6-16-97; Ord. No. 11440, § 4, 3-20-2000; Ord. No. 11813, 11-6-2007)