This title divides the city into various districts, and permits, in each district, as a matter of right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case by case review and may be allowed only by permission of the city council.
A. Application For Permit: Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated in this subsection. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the board of appeals. A filing fee is required and is presented in section 11-3-8 of this chapter, which fee may be amended from time to time by the city council. Application forms will be made available by the city clerk and/or administrator. Said application will provide the following items of information:
1. Name and address of the applicant;
2. Name and address of the owner or operator of the proposed structure or use, if different from subsection A1 of this section;
3. Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
4. Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;
5. Area and dimensions of the site for the proposed structure or use;
6. Existing topography of the site (USGS 10 foot contour data is acceptable), and proposed finished grade;
7. Height and setbacks of the proposed structure;
8. Number and size of proposed dwelling units, if any;
9. Location and number of proposed parking/loading spaces and accessways;
10. Identification and location of all existing or proposed utilities, whether public or private; and/or
11. Any other pertinent information that the administrator may require.
B. Public Hearing; Notice: The board of appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted thereto. The applicant for a special use permit shall provide a list of names and addresses of the parties whose property abuts the proposed special use. The chair of the board of appeals shall have the responsibility of scheduling the public hearings and sending out notices to that effect. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of hearing, and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
1. By first class mail to the applicant and to all parties whose property abuts the proposed special use.
2. By publication in a newspaper of general circulation within the city.
C. Advisory Report; Factors Considered: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the council. In deciding what their advice should be, the board of appeals shall consider the following factors:
1. Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;
2. The effect the proposed special use would have on the value of neighboring property and on the city's overall tax base;
3. The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and
4. Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
D. Council Action: The council shall act on every request for special use permits at their regularly scheduled meeting following submission of the advisory report of the board of appeals. Without further public hearing, the council may grant a special use permit by simple majority vote of all members then holding office. In a separate statement accompanying the permit, the council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit.
E. Duration: A special use permit may be issued for a period up to eight (8) years and may be extended by the same process for subsequent ten (10) year periods. (Ord. 1148, 4-27-1987, eff. 6-1-1987)