(A) General. The application shall be in writing, filed with the City Clerk, state the proposed location and use of the property, and other relevant matters as may be requested by the City Council. Upon receipt of the application, the City Clerk shall forward the application to the Planning Commission for its recommendation. Upon hearing, the Planning Commission shall forward its recommendation to the City Council, as soon as is practicable. Upon hearing, the City Council may allow or deny the application in whole or in part, or prescribe conditions for the use of the property. No special use permit shall become effective until after separate public hearings are held by both the Planning Commission and the City Council in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time, and place of the hearing shall be given by publication thereof in a paper of general circulation.
(Neb. RS 19-904)
(B) Notice. In addition to the publication of the notice herein prescribed, a notice of the purpose, time, and place of the hearing shall be posted in a conspicuous place on or near the property on which the action is pending. The notice shall not be less than 18 inches in height and 24 inches in width with a white or yellow background and black letters not less than one and one-half inches in height. The posted notice shall be so placed upon the premises so that it is easily visible from the street nearest the premises, and shall be so placed at least ten days prior to the date of each hearing. If the record title owners of any lots included in the proposed change be nonresidents of the municipality, then a written notice of the hearing shall be mailed by certified mail to them addressed to their last known address at least ten days prior to the hearing.
(Neb. RS 19-905)
(C) Criteria. Except as otherwise provided herein, no special use permit shall be granted by the City Council, without an affirmative vote of a majority of all members of the City Council and unless the proposed use is found to:
(1) Be compatible with and similar to the use permitted in the district;
(2) Not be a matter which should require rezoning of the property;
(3) Not be detrimental to adjacent property;
(4) Not tend to depreciate the value of the surrounding structures or property;
(5) Be compatible with the stated intended use of the district;
(6) Not change the character of the district; and
(7) Be in accordance with the comprehensive plan.
(D) Protest against the special use permit. In case of a protest against the special use permit, signed by the owners of 20% or more either of the area of the lots included in the proposed change, or of those immediately adjacent on the sides and in the rear thereof extending 300 feet therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of the opposite lots, the special use permit shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.
(Neb. RS 19-905)
(E) Expansion of nonconforming uses. In all districts, a special permit may be granted to authorize the issuance of a building permit to permit the enlargement, extension, conversion, reconstruction, or structural alteration of any building located upon premises, uses of which constitute a nonconforming use. In consideration of applications for special permits, the following criteria shall be given specific consideration:
(1) Effects on adjacent property, traffic, city utility service needs;
(2) Density of land use zoning for the subject property and adjacent property; and
(3) The degree of hardship upon the applicant which would be caused by failure to grant a permit.
(F) Bed and breakfast guest houses. The following additional regulations shall apply as minimum requirements for granting special use permits for bed and breakfast guest houses in the R-1 and R-2 Residential Districts:
(1) Parking as required in § 152.047;
(2) Signs as required in § 152.056;
(3) A maximum of four rooms or suite of rooms are available for use as transient lodging; and
(4) The remainder of the dwelling shall be used and occupied as a residence by the host family.
(G) Special use permits; expirations. Every permit issued by the City Council under the provisions of this section shall expire, if the special use authorized by the permit is not commenced within 365 days from the date of the approval of the permit; or if the special use authorized by the permit is suspended or abandoned for a period of 365 days after the special use has commenced. For the purposes of commencement in regard to a new special use permit, this shall mean any work towards use of the permit (including the application for a building permit; construction of a new building and/or remodeling of an existing building; or any work that shows significant progress towards the use of the permit). This section shall apply to all special use permits issued after July 19, 2005.
(Ord. 905, passed 1-20-2015)