§ 36-101. Special use permits for certain uses in districts O-1, B-1, and B-2.

The City Council may, after public hearing and notice to all parties affected, and after recommendation of the Planning and Zoning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the development of the uses designated as "CC" uses for zoning districts O-1, B-1, and B-2.

(1)

Public hearing. City Council and the Commission shall hold public hearings in compliance with Article III of this chapter. The purpose of such hearings shall be to determine that such use will not adversely affect the character of the area or the neighborhood in which it is proposed to locate; will not substantially depreciate the value of adjacent and nearby properties; will be in keeping with the spirit and intent of this chapter; will comply with applicable standards of the district in which located; and will not adversely affect traffic, public health, public utilities, public safety, and the general welfare.

(2)

Application. All applications for CC uses shall be submitted to the Zoning Administrative Official with site plans drawn to scale and showing the general arrangement of the project, together with the essential requirements, such as off-street parking facilities, locations of buildings and uses to be permitted, means of ingress and egress to public streets, the type of visual screening such as walls, planting and fences, the location and existing ownership of adjacent residences and buildings, and the location and area of coverage of all outside lighting, especially any which might shine into an adjacent residential area. The Zoning Administrative Official shall file the application and report same to the Planning and Zoning Commission.

(3)

Criteria. In recommending a CC use under the conditions specified, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to buildings, structures, and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space, and other matters.

(4)

Conditions. No CC use shall be permitted unless the applicant and owner of the property shall in writing accept and agree to be bound by and comply with the terms imposed for such CC use, in writing and in such form as may be approved by the City Council.

(5)

Board without jurisdiction. 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 CC uses.

(6)

Amendment. Every CC use granted under the provisions of this section shall be considered as an amendment to the Zoning Ordinance as applicable to such property. In granting such CC use, the City Council may impose conditions which shall be complied with by the grantee for use of the buildings on such property.

(7)

Note on map. Final action of the City Council shall be noted, as soon as practicable, on the official Zoning District Map and on any other administrative copies, as to the location of property and type of use permitted by each CC use approved as herein provided.

(Ord. No. 100-02-08, § I(exh. A, § XI(A)), 8-12-2008)