(A) Application requirements. An application for special use permit shall be filed with the City Planning Commission. At time of filing the applicant shall pay a fee as set forth in the fee schedule at the end of this code to cover the cost of publication notice and investigation. Said applicant shall submit a list of all record property owners and their current addresses within a 300 foot radius of the boundaries of the total site used for the special use permit described or the boundaries of the property ownership.
(B) Site plan. A complete site development plan shall be filed with each application, which shall show the location of buildings on the property, the elevation of the buildings and general description of the materials to be used on the building and including any landscape plan.
(C) Hearing procedure. The City Planning Commission shall hold one or more public hearings on the application and shall within 45 days of the application transmit to the City Council its report as to the effect of such proposed building conditions, public utilities and other matters pertaining to the general welfare, and the recommendations of the Planning Commission concerning the use thereon. Thereupon, the City Council will hold one or more public hearings at which time they may authorize or deny the issuance of a building permit for the use of land or buildings as requested.
(D) Factors to be considered. The action of the City Council with any application may include the requirements of landscaping, fencing, walls, and other features deemed necessary to further the purposes of this chapter and such features shall be provided and maintained during the continuance of any use of which they are appurtenant. The following factors should be considered:
(1) The location and area of main and accessory buildings on the site and in relation to each other and to adjacent use:
(2) The number and arrangement of parking spaces, traffic spaces, traffic circulation areas, the adequacy and manner of lighting thereof, and its effect on surrounding properties;
(3) The relationship between the off-street parking areas and points of ingress and egress and the traffic circulation both within and without the site;
(4) The provisions of adequate off-street loading and service facility;
(5) The provision for proper facilities for the accumulation and disposal of garbage and trash;
(6) The provision of fences, walls and landscaping in the facilities and manner of maintenance thereof;
(7) Such other factors as may be necessary to secure and protect the public health, safety, comfort, convenience and general welfare.
(E) Special condition for special use permit.
(1) No use approved under special use permit shall be commenced or maintained upon a lot or parcel except in accordance with the approved site plan.
(2) Special permits shall expire by default:
(a) If the use is not established within 12 months and no building permit has been issued or no extension is approved. If a building permit has been issued and construction commences within the time provided before expiration of the building permit, then the special use permit shall be extended. When a building permit has not been issued for construction within 12 months of the City Council approval of the special use permit the applicant or owner may request a hearing for an extension of the special use permit. Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval.
(b) If the use once established has been discontinued for a period of 12 months or abandoned.
(c) Whenever the Building Inspector finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the City Council for its review.
(d) When the holder of the special use permit determines that an extension of time or modification of site development and plan or other requirements is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as the original application.
(Ord. 3105, passed 8-6-02; Am. Ord. 3136, passed 4-20-04)