(A) Basis of determinations. The City Council and Planning Commission shall review the proposed special use in terms of any specific requirements stated within this chapter and shall establish that such use and the proposed location:
(1) Will be harmonious and in accordance with the goals, policies and actions of the Master Plan;
(2) Will be designed, constructed, operated, and maintained so as to be visually and physically harmonious and appropriate in appearance with the existing or intended character of the general vicinity and not change the essential scale and character of the area;
(3) Will be a visual, physical and economic improvement in relation to property in the immediate vicinity and to the city as a whole;
(4) Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will adequately provide any such service or facility;
(5) Will not detract from the desirability and orderly function of residential or business uses. Discretion shall be given to the impact of the proposed use upon existing uses, which may relate to traffic generation, sound, artificial lighting, odors, emission of exhaust gases, pedestrian traffic, hours and days of operation, creation of a public or private nuisance, opportunity for crime or criminal activity, congregation of individuals for purposes other than intended by the proposed use, and similar factors generated by the proposed use. The factors stated herein are not intended as a limitation upon the possible considerations and are by way of example only.
(6) Will not erode or reduce the economic viability of other existing land uses. Consideration shall be given to the compatibility of other existing uses with the proposed use and maintaining land values within the city.
(7) Will not impose additional service demands upon the city or its anticipated future resources.
(8) Will further and enhance the health, safety, welfare, morals, character, comfort, convenience, and policies of the city, will not create excessive additional public costs or be detrimental to the economic welfare of the city.
(9) Will be consistent with the intent and purposes of this chapter, and comply with all specific standards as established for said use by this chapter.
(B) Duration, voiding and extensions of special land use permit. Unless otherwise specified by the City Council during initial approval of the special land use, any special land use permit granted under this section shall be null and void unless the proposed special land use is established within one year or building permits have been issued within such period to establish the special land use. If an extension is needed, the applicant may request an extension of the final site plan approval associated with the special land use from the Planning Commission. This request shall be made prior to the expiration of their current final site plan approval and special land use permit. The Planning Commission may grant a six month extension for good cause of the final site plan approval and its associated special land use permit.
(C) The Community Development Director may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter and other ordinances or regulations of the city.
(D) Reapplication. No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission and City Council.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17; Am. Ord. 863, passed 10-2-17)