(A) Purpose. The development and execution of this chapter is based upon the division of the city into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon the neighboring lands and upon public need for the particular use or the particular location.
(B) Authorization. The Planning and Zoning Commission is authorized to grant special use permits and to hear and decide upon applications for special use permits listed in the district regulations of this chapter. Before authorizing the issuance of a special use permit, the Commission may impose any conditions that will, in the Commission’s judgment, ensure:
(1) The proposed amendment is consistent with the intent of the Comprehensive Plan;
(2) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(3) The special use will not be injurious to the use and enjoyments of adjacent properties for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(4) 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;
(5) Adequate utilities, access roads, drainage and other necessary facilities will be provided; and
(6) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(C) Transference. A special use permit shall not be transferred to another location; nor shall a special use permit be conveyed to another use at the same location. A new special use permit shall be required for either of these two changes.
(D) Time limitations. The following time limitations shall apply to special use permits:
(1) In cases where the use authorized by a special use permit requires a building permit, the applicant shall have three months from the date the special use permit is granted to apply for a building permit. If application has not been made within that time, the special use permit shall expire and become null and void;
(2) In cases where a building permit is not required, any construction or activity authorized or required pursuant to the special use permit must commence within three months from the date the special use is granted. In the event the construction or activity is not commenced within the three-month period, the special use permit shall expire and become null and void; and
(3) Any other time restrictions as detailed in the conditions placed on the special use.
(E) Application for special use.
(1) Who may file. Special use applications may be initiated by all the fee owners of the subject property, by the owners’ authorized agent, or by any person, business or organization requesting or intending to request an occupancy certificate.
(2) Fees. Before any action shall be taken as provided in this section, the party or parties proposing the special use shall pay fees established by ordinance (see Fee Schedule). Under no condition shall the sum or any part thereof be refunded for failure of the request to be allowed by the Council.
(3) Application. Applications for a special use shall be accompanied by 15 sets of the proposed site plan (see § 152.134 for plan requirements). In addition, any other information as shall be established from time to time by the Planning and Zoning Commission shall be submitted to the Director of Community Development or his or her designee. No application for a special use shall be acted upon by the Planning and Zoning Commission until after:
(a) Copies of the application and all supporting materials are distributed to and reviewed by the Development Review Committee. The Development Review Committee shall submit written comments to the Planning and Zoning Commission and the applicant prior to the public hearing.
(b) A public hearing has been held by the Planning and Zoning Commission, which is required, by state statute. Notice of the public hearing shall be published in the local newspaper not less than 15 days prior to the public hearing.
1. Not less than ten days prior to the date of the public hearing, the Building Inspector shall post a readable sign(s) on the premises. Sign(s) must be removed no later than ten days after a recommendation is made by the Planning and Zoning Commission. The sign(s) shall be visible from the roadway.
2. With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented to it.
Figure 152.018: Special Use Process
(F) Decisions by Planning and Zoning Commission. All decisions of the Planning and Zoning Commission on special use permit applications arrived at after the hearing shall require a majority vote of all members present.
(G) Appeal of Planning and Zoning Commission decision to City Council. An applicant for a special use may appeal to Planning and Zoning Commission’s action to the City Council. The procedure for making an appeal is as follows:
(1) A written notice of appeal must be filed with the Director of Community Development or his or her designee within 15 days from the date of the Planning and Zoning Commission’s action.
(2) The appeal shall be considered by the City Council at its next regularly scheduled meeting occurring not less than five days following the filing of the notice of appeal. The City Council may, in its discretion, uphold, overturn or amend the action taken by the Planning and Zoning Commission.
(3) If the applicant fails to submit the written notice of appeal within the 15-day appeal period, the Planning and Zoning Commission’s decision shall be final.
(H) Revocation of special use permit.
(1) A special use permit granted under the authority of this section is subject to revocation for any or all of the following reasons:
(a) Noncompliance with any applicable requirement as set forth in this section;
(b) Noncompliance with any special conditions imposed at the time of approval of the special use permit;
(c) Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structure or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants;
(d) Violation of any other applicable provisions of the Code of Ordinances or any state or
federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use;
(e) Revocation is necessary to preserve the public health, safety and welfare.
(2) The procedure for revocation is as follows:
(a) Revocation proceedings may be initiated by the Community Development Director, the Planning and Zoning Commission or the City Council;
(b) Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Planning and Zoning Commission shall hold a public hearing to consider and recommend the revocation of the special use permit to the City Council;
(c) Notice of publish hearing shall be published in the local newspaper not less than 15 days prior to the public hearing. The city shall also send a notice to the permit holder and landowner notice of the scheduled revocation hearing at least ten days prior to the date scheduled for such hearing.
(d) The public hearing shall be conducted in accordance with rules of procedure established by the City Council. At the conclusion of the public hearing, the Planning and Zoning Commission shall forward a recommendation to the City Council to either affirm or deny revocation of the special use permit. The City Council shall take final action regarding the revocation of the special use permit within 30 days of the recommendation of the Planning and Zoning Commission.
(e) No special use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation.
(Ord. 10-3277, § 1-2.4, passed 1-4-2010; Ord. 14-3444, passed 4-21-2014; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020; Ord. 21-3631, passed 2-15-2021)