(A) Findings of Fact. Before making a recommendation to the City Council on an application for a special use permit, the Commission shall make findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the proposed special use is consistent with the review criteria and should assist in clarifying any conditions or restrictions recommended as a result of this review process. The approval of a special use permit shall not be made unless the evidence presented is such to establish all of the following:
(1) That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious to the district in which it shall be located or otherwise detrimental to the public health, safety or general welfare.
(2) That the proposed use substantially complies with the specific requirements of, and preserves the essential character of the Zoning District in which it shall be located.
(3) That the proposed use is reasonably necessary for the public convenience at the location in question.
(B) Conditions. In granting approval for any special use permit, the Commission may recommend and the City Council may impose additional conditions as are deemed appropriate or necessary for the reasonable protection of the public health, safety, and welfare and to carry out the purposes of this chapter including but not limited to the following:
(1) Regulate the location, extent, and intensity of such uses.
(2) Require adherence to an approved site plan.
(3) Require additional landscaping and the screening of such uses by means of fences, walls, or vegetation.
(4) Stipulate required minimum lot sizes, minimum yards, and maximum height of buildings and structures.
(5) Regulate vehicular access and volume, and the design and location of parking and loading areas and structures.
(6) Require conformance to health, safety, and sanitation requirements, as necessary.
(7) Regulate signs, architectural features, and outdoor lighting.
(8) Any other conditions deemed necessary to effect the purposes of this chapter.
(C) Commission Recommendation. Based upon the findings, the Commission shall make a recommendation on the special use permit application and shall forward its findings and recommendation to the City Council. The Commission shall recommend to the City Council one of the following three actions: approval, conditional approval, or denial. The Commission's recommendation shall be made within 20 days of the hearing. A tie vote by the Commission shall be considered a recommendation to deny the special use permit request.
Upon receipt of written objections to the proposed special use from more than 50% of the property owners within 250 feet of the subject property, a favorable vote of two thirds of those commissioners present shall be required to forward a recommendation of approval of the special use permit.
(D) Final Determination. The City Council shall take final action on the application within 45 days of the public hearing. If the City Council votes to approve the request, it shall do so by adopting the proposed request by ordinance. If the Commission voted to deny an application for a special use permit, a two thirds (2/3rds) affirmative vote of the City Council then holding office is required to override the Commission's action and approve the request.
(E) Withdrawal. An application may be withdrawn any time prior to the beginning of the public hearing without penalty. If the application is withdrawn between the time the hearing begins and the City Council takes final action, said application cannot be reheard for 12 months.
(F) Denial. If an application is considered and ultimately denied by the City Council, that request shall not be reconsidered by the Commission or the City Council at any time in a substantially similar form unless the Zoning Administrator determines that conditions affecting the requested special use have changed significantly enough to justify reconsideration of said request.
(G) Re-submittal. Resubmitting another application for a special use after denial or withdrawal shall be accomplished in the same general manner as is prescribed in this subchapter.
(Ord. 8612, passed 12-2-08)