HomeMy WebLinkAboutArticle IIIChapter II: District and General Regulations Article III: Special Use/Exception and Temporary Uses
ARTICLE III: SPECIAL USE, SPECIAL EXCEPTION AIND TEMPORARY USE PERINUTS
�1 SECTION 54-2-3.1: PROCEDURES AND CRITERIA FOR REVIEW OF SPECIAL USES AND
SPECIAL EXCEPTIONS.
Special Use. A use which is not specifically provided for in the zoning regulations. The Planning and Zoning
Commission and City Council may permit such uses in such zoning districts or classifications as special uses
only if the applicant meets specific provisions and conditions deemed appropriate.
Special Exception. A use, which is provided for in the zoning regulations for a particular zoning district or
classification and if controlled would not affect the public safety, health or general welfare by allowing the use
in an additional zoning district or classification. The Planning and Zoning Commission and City Council may
permit such uses in such zoning districts or classifications as special exceptions only if the applicant meets
specific provisions and conditions deemed appropriate.
A. Uncertainty. Wherever uncertainty exists regarding whether a specific use is allowed as a permitted
use, approved as a conditional use, or is prohibited in the zoning district regulations of Article V, the
Planning and Zoning Commission and City Council shall apply the following procedures and criteria for
reviewing such uses.
1. Criteria for Review. Notwithstanding any provisions of this article, the City Council may, in
its sole discretion, grant a special use permit in any district for a use, which is not provided for
in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically
prohibited pursuant to the comprehensive plan or other applicable law or regulations, and shall
satisfy the following findings of fact by the City Council.
3. Procedures for Review.
a. Application. Application for approval of a special use or special exception shall be filed
with the Planning and Growth Management Department on a form prescribed by the
Planning and Growth Management Director. Seven (7) copies of the application and all
supporting information shall be included.
b. Staff Review. The Planning and Growth Management Director shall distribute the
application and supporting information to the appropriate staff for review and comment.
The staff can include outside agencies.
c. Recommendation to Planning and Zoning Commission. The Planning and Growth
Management Director shall summarize the staffs comments and make a recommendation to
the Planning and Zoning Commission.
d. Planning and Zoning Commission Public Hearing. The Commission shall hold a public
hearing pursuant to section 54-1-3.8 and shall indicate whether, in their opinion, the
proposed special use or special exception meets the required findings of, facts and review
criteria established in Section 54-2-6.4(C)(D), including criteria of Article VI. The
Planning and Zoning Commission shall make a recommendation to the City Council to
approve, approve with condition, or deny the application for the special use.
e. City Council Public Hearing. The City Council shall hold a public hearing with notice
pursuant to Section 54-1-3.8. By resolution of the City Council, the application for
approval of a special use or special exception permit may be approved, upon a finding that
the requirements of Section 54-2-6.4(C)(D), including criteria of Article VI, are met. If the
application is denied, the City Council shall state the reasons for denial.
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Chapter II: District and General Regulations Article III: Special Use/Exception and Temporary Uses
3. Required Findings of Fact. The City Council shall not approve an application for a special
/001� use or special exception under this section unless it finds, based upon the evidence presented,
that the following conditions are satisfied:
a. The approval of the application for a special use or special exception will not be detrimental
to the public safety, health or welfare, or be injurious to other properties or improvements
within the immediate vicinity in which the property is located based on criteria established
in Article VII; and
b. The use requested is consistent with the purpose and intent of the respective district, and
can be demonstrated to be similar in nature and compatible with the uses allowed in such
district; and
c. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances.
4. Conditions of Approval. In approving an application for a special use under this section, the
City Council may require such conditions as will, in its judgment, substantially secure the
objectives and intent of the zoning regulations.
SECTION 54-2-3.2: PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES.
A temporary use shall be allowed for transient merchants and special events upon issuance of a temporary use
permit by the city manager or his designee, based upon compliance with all applicable regulations of this
chapter and other city regulations.
/001� A. A temporary use permit will be issued if the following requirements and standards are met:
1. The activity must be a permitted or conditional use within the zoning district.
3. Only temporary pavilions may be erected and utilized for the operation. All facilities used shall
be self-contained and mobile or portable. No mobile homes or trailers that exceed two hundred
(300) square feet in area may be utilized. All temporary facilities designed to be occupied by
the public must be inspected by the fire department after installation, and prior to occupancy.
3. No utility connection shall be permitted except for temporary electrical power which must be
approved by the building department.
4. Prior to the issuance of any permit, a cash bond in the amount of two hundred dollars ($200.00)
shall be submitted to the city. Within seven (7) days after a temporary use permit expiration, all
items related to the operation or event shall be removed from the site. The city may use the
entire amount of submitted funds to pay for disposal of all related items remaining on the site
seven (7) days after permit expiration. Upon vacating and cleaning up a site, an applicant may
request, in writing, return of the submitted funds. Permit applicants will be refunded the
submitted cash bond amount if
a. The city has not used the funds under the conditions described above; and
b. The site is inspected by the city, it is verified that the site has been cleaned up, and all
temporary use items have been removed.
c. In cases where the city has used the two hundred dollars ($200.00) cash bond for site
cleanup, no subsequent temporary use permits shall be issued to the same applicant whose
vacated operation caused cash bond default and resultant cleanup by the city.
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Chapter II: District and General Regulations
Article III: Special UselException and Temporary Uses
4. Hours of operation of the event.
5. Name of individual in charge of the event.
6. After hours emergency phone number for person responsible for event.
7. A drawing showing dimensions of the site or an existing site plan for the host site including
location and dimensions of all existing driveways, entrances, exits, and parking spaces.
8. A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary
facilities, and concessions for the temporary use.
9. Indicate how parking and traffic flow will be directed on to and within the event site.
10. Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking
and traffic impact.
1 1. If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by
patrons and employees of the temporary use event during normal operating hours, calculations
shall be submitted demonstrating that the event will not utilize more than thirty (30) percent of
the required parking stalls of the existing host site. If usage does exceed thirty (30) percent,
documentation indicating additional parking and/or transportation arrangements must be
provided for the total impact of the proposed event.
If the event is being held during non -operating hours for the host site, the thirty (30) percent
restriction may be lifted upon demonstration that there will still be sufficient parking available
for patrons of the temporary event.
12. Location and dimensions of all signs to be used.
13. All applications must be made on the form prescribed by the City and submitted no later than
thirty (30) days prior to the scheduled event. The application fee shall be twenty-five dollars
($35.00) and the permit fee shall be one hundred dollars (S 100.00).
B. A copy of the application and all supporting documents will be forwarded to the Police Chief by the and
Building for review and comments. All comments and recommendations will then be attached to the
application and forwarded to the city manager or his designee for approval or denial.
C. The application, with all the supporting documents, will be reviewed by the city manager, or his
designee. If approved by the City Manager, the applicant shall post the two hundred dollars ($300.00)
cash bond prior to the issuance of the temporary use permit. If denied, applicant will be notified, along
with the reasons for denial. The police department and the fire department will be notified on all
approved requests for temporary use permits.
Sec. 54-2-3.5. SIGNS.
A. All signs being utilized on site must conform to the city sign regulations as outlined in the land
development code and must be removed upon expiration of the temporary use permit or upon vacation
of the site.
B. Signs used in conjunction with approved activities or special events for which a temporary use permit
has been obtained shall not be calculated against the three (3) banner signs permitted per site per year.
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