A. Submission Forms; Fees: Submission of the special use permit application shall be on a form prescribed by the city clerk, and the application and required fee, set by resolution of the city council, shall be paid to the city clerk. The application shall contain and be accompanied by the following information:
1. An accurate scale drawing of the site including any affected adjacent property and showing the location of all existing and proposed structures, the maximum dimensions of all existing and proposed buildings, streets, easements, property lines, setbacks, driveways, pedestrian walkways, off street parking and off street loading facilities and landscaped areas, buffering or other similar elements of site design.
2. An ownership list prepared by a person or entity with appropriate expertise in the preparation of ownership lists, including a title company, or a list obtained through the county assessor's office, and shall list the boundaries of the property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the county. Both lists will identify property owners and residents within the subject property and within a radius of three hundred feet (300') from the external boundaries of the property described in the application. Where the special use permit is requested by reason of height allowance, such list shall also include any additional owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100').
B. Submission For Hearing: The completed form and documents must be submitted to the city clerk not later than twenty five (25) days prior to the date of a regular city council meeting where a public hearing to consider the request for the special use permit can be set. The completed application shall be deemed accepted for the twenty five (25) day processing period as of the date when all plans and information have been filed, checked and accepted as complete by the city clerk.
C. Public Hearing: After receiving a complete application including fees, the city clerk shall set the time, place and date of the public hearing, shall publish notice thereof once in the official newspaper of the city at least fifteen (15) days before the hearing and shall notify by mail, at least fifteen (15) days before the hearing all property owners and purchasers of record within the subject property and within three hundred feet (300') of the property's external boundaries. Notice shall also be posted on the city's website at least fifteen (15) days before the hearing and on the premises at least one week before the hearing. Where the special use permit is requested by reason of height allowance, such notice shall also be mailed to any additional owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100'). Said notice shall include the time and place of hearing, a summary of the proposal and state that a copy of the application for a special use permit is on file with the city clerk for public inspection.
D. Approval Of Permit: A special use permit may be approved only if the proposal conforms to all of the following criteria, to the satisfaction of the city council acting as the planning commission:
1. The location is compatible to other uses in the general neighborhood;
2. The proposed use will not place an undue burden on transportation and other public facilities in the vicinity;
3. The proposed use is a permitted use as defined under the zoning regulations and is in compliance with the comprehensive plan;
4. The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls, fences, parking, loading, landscaping and such other features as are required by this code;
5. The proposed use, if it complies with all conditions imposed, will not adversely affect other property in the vicinity; and
6. All applicable regulations of the city and of other affected agencies have been met.
E. Conditions Of Permit: Upon granting a special use permit, the city council may attach conditions including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services;
7. Requiring more restrictive standards than those generally required in an ordinance;
8. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the city.
F. Decision And Reconsideration: The city council shall issue and provide to the applicant(s) a written decision on an application for a special use permit no later than thirty (30) days after the hearing regarding the same. Such decision shall be provided to the applicant(s) by personal delivery, regular mail or electronic means. When sent by electronic means, the applicant(s) shall be deemed to have received the decision on the date it was sent. When sent by regular mail, the applicant(s) shall be deemed to have received the decision three (3) days after the date of mailing. An applicant or affected person may seek reconsideration of the decision by filing a written request with the city clerk no later than fourteen (14) days after receiving the decision. Such request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified. A written decision on the request for reconsideration shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. (Ord. 261, 7-16-2013)