A. Review; Board Determination: The board of adjustment shall review, before issuing any special use permit, the conformity of the proposed building or use with the standards of the comprehensive plan and recognized principals of land use planning. The board of adjustment may approve the special use permit as submitted, or before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the board of adjustment deems necessary to preserve the intent and purpose of this title in order to promote the health, safety, and general welfare of the community.
B. Site Plan Review; Amendment: Following approval of the special use permit, the planning and zoning commission shall review a site plan/site plan amendment as required in chapter 15 of this title.
C. Resubmission After Changes: In the event a special use permit is granted under the terms of this section, any changes thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal.
D. Conditions For Issuance Of Permit: A special use permit shall not be granted by the board unless and until:
1. A written application, on forms provided by the community development department, is submitted indicating the section of this title under which the special exception is sought and stating the grounds on which it is requested.
2. Notice of public hearing shall be given at least seven (7) and not more than twenty (20) days in advance of public hearing. Notice of public hearing shall occur in the same manner as required by law for variances.
3. The board shall look specifically upon the following criteria in granting or denying a special use permit, plus any additional criteria the board finds necessary to protect the public health, safety, and general welfare in accordance with the intent of this title:
a. That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
b. That such use shall not impair an adequate supply of light and air to surrounding property;
c. That such use shall not unduly increase congestion in the streets or public danger of fire and safety;
d. That such use shall not diminish or impair established property values in adjoining or surrounding property; and
e. That such use will not unduly burden public utilities.
E. Conditions And Safeguards: In granting any special use permit, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this title and punishable under section 11-1-7 of this title. (Ord. 876, 1-17-2008)