The uses listed under the various districts within the Use Chart[1] as Specific Use Designation (SUDs) 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. The rezoning process allows the City to review specific uses at a specific location and determine the appropriateness on a case-by-case basis.

B. Specific Use Designation Application Process.

1. Procedures for Processing a Specific Use Designation (SUD) An application for a Specific Use Designation is a Zoning Map Amendment (Rezoning), since the zoning map shall be updated to indicate the location of the SUD, and shall be processed as a Zoning Map Amendment (Rezoning).

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 a Specific Use Designation shall be in conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property.

3. Required Information. See § 11-1-9.07B.3 for details.

C. Specific Use Designation Regulations.

1. In recommending that a Specific Use Designation for the premises under consideration to be granted, the Planning and Zoning Commission 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. Adequate 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 a Specific Use Designation, the City Council may impose reasonable conditions, including time limits that shall be complied with by the owner, grantee, or any tenant of any portion of the property.

D. Specific Use Designations "Without Term"—Timing and Renewals.

1. A Specific Use Designation without term shall be effective until repealed by the City Council.

E. Specific Use Designations "With Term"—Timing and Renewals.

1. A Specific Use Designation with term shall be effective for two years from the date of approval by the City Council, subject to extension in accordance with Section E.2 (below) of this Code or early termination in accordance with Section E.3 (below) of this Code.

2. A Specific Use Designation with term may be renewed for additional two-year terms in accordance with the following procedure:

a. The then current owner of the property subject to the Specific Use Designation with term shall submit to the City Manager an application for a renewal of the Specific Use Designation with term not later than 60 days prior to the expiration of the then current term, which application shall contain such information as may be required by the City Manager. As part of the application for renewal, the property owner shall certify under oath that the use of the property has been at all times during the term of the Specific Use Designation with term in compliance with the provisions of the Specific Use Designation with term.

b. Upon a finding of the City Manager that the use of the property has been and remains in compliance with the provisions of the Specific Use Designation with term originally approved, the term of the Specific Use Designation with term shall be extended for an additional two-year term from the date of termination of the prior term.

c. Upon a finding of the City Manager that the use of the property has not been or is not in compliance with the provisions of the Specific Use Designation with term, the City Manager shall send written notice to the owner of the property at the last known address as determined by the property rolls of the appraisal district within ten working days of the City Manager's finding that the Specific Use Designation with term will not be extended beyond the then current term. Said notification shall contain a summary of the findings by the City Manager citing what provisions of the Specific Use Designation with term or the City Code have been violated. The owner of the property shall have ten calendar days from receipt of the City Manager's notice to file a written appeal with the City Council with a summary of the property owner's basis for appeal. Unless requested by the property owner, the appeal shall be heard at the next regular City Council meeting which occurs on or after the tenth calendar day following the receipt of the notice of appeal.

d. The appeal to the City Council shall be conducted in accordance with the procedures adopted by the City Council. The decision of the City Council shall be final.

3. A Specific Use Designation with term shall terminate prior to the expiration of the then current term upon a finding by the City Manager that the property for which the Specific Use Designation with term was approved has not been used for the purpose for which the Specific Use Designation with term was approved for a period of more than 120 consecutive days. The City Manager shall within 10 calendar days of said finding send written notice of termination pursuant to this Section to the owner of the property at the last known address of the owner as shown by the property rolls of the appraisal district.

F. Specific Use Designation "With Term"—Uses and Baseline Standards

Specific Use Designations with term may be approved for the following types of uses and subject to, but not limited to, the specified restrictions, in the following districts. See § 11-1-9.07F for detailed information.

See § 11-1-9.07: Specific use designation (SUDs). for more detailed information.