A. Application: Any person having a proprietary interest in the premises may file for a special use with the administrative official. The application shall be in three (3) copies and contain information required by this title. The administrative official shall process such application and forward it to the planning commission with any recommendations deemed appropriate. A schematic development plan shall be included with an application for a special use, and shall contain the following information:
1. Legal description of property included in the special use.
2. All adjoining streets within two hundred fifty feet (250') of property proposed for special uses.
3. Proposed land use for the property including building locations and number of stories for each, a tabulation of total land area and percentage thereof designated for various uses, including land use intensity requirements, if any.
4. Schematic landscaping (trees, shrubs, grass).
5. Direction of stormwater flow.
6. Location of ingress, egress, parking areas and evidence that minimum parking requirements will be met. Specific design of parking layout and interior circulation is not required.
7. Delineation of development staging and estimated timetable.
8. Location and apparent use of all buildings on adjacent lands which are within one hundred feet (100') of the property line of the property proposed for special use.
Certain plan requirements may be waived by the administrative official if it is determined that they are inappropriate for the specific case because of the size, location or nature of the special use.
B. Special Use Performance Standards:
1. The special use shall meet all of the minimum performance standards and requirements of the district in which the special use is located and any additional requirements established for the individual special use under the provisions of this chapter.
2. In addition, the special use shall meet any requirements established by the city council.
C. Hearing:
1. A special use may be permitted by the city council only after a public hearing before the planning commission. The planning commission shall make findings of fact; and if the planning commission finds that:
a. The proposed special use will permit and encourage an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood;
b. The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare;
c. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property value within the neighborhood;
d. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
e. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
f. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
g. The special use will be located in a district where such use may be permitted, and shall conform to all requirements of this title.
2. In addition to the factors listed in subsection C1 of this section, the planning commission shall consider the following criteria when reviewing a request for a special use permit for property located in the NB, neighborhood business district:
a. Protected traffic volumes and type of traffic (vehicle type);
b. Typical hours of operation;
c. The presence of harmful toxins, emissions, or odors;
d. The impact of outdoor lighting on adjacent properties;
e. Expected crowd levels and crowd control; and
f. The presence of elevated, excessive and/or continuous noise.
3. The planning commission shall recommend that the city council approve the issuance of the zoning certificate for such special use. Otherwise, the planning commission shall recommend that the city council direct the administrative official to deny the application. The findings of fact and the recommendation of the planning commission shall be in writing. The city council decision shall be written to the applicant by the administrative official.
D. Notice Of Hearing:
1. Notice shall be given of the nature, time, date, and place of the hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers in general circulation in the city.
2. The administrative official shall cause to be posted, not less than seven (7) nor more than fifteen (15) days prior to the scheduled hearing, on any property for which a special use is requested, a notice containing the following: date, time and place of hearing; existing zoning; special use requested; and district statement of intent.
3. The procedure specified in subsection 15.6.7.1C of this chapter for notifying adjoining property owners shall be followed; provided, however, that the notice shall include the nature of the special use, rather than reference to a zoning district change.
E. Expiration Of Special Use Approval: The applicant shall have twelve (12) months from the date of issuance of the zoning certificate which certifies the approval of the special use to commence the work or use authorized by the special use; otherwise the special use shall be lapsed and become null and void. All work so authorized shall be completed within eighteen (18) months from the date of issuance of the zoning certificate certifying approval of the special use therefor, except that for good cause shown, the administrative official may extend the work completion time; otherwise the special use shall be lapsed and be and become null and void. In the event such authorized special use shall be discontinued or abandoned for a period of six (6) consecutive months, or for at least eighteen (18) intermittent months of any consecutive thirty six (36) month period, the same shall not, after the expiration of such applicable period, be permitted to continue as a special use, and the special use shall be lapsed and become null and void. (Ord. 2014-48)