(a) Intent and purpose. The intent of this article is to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the developer, but that will at the same time, maintain sound provisions for the protection of the health, safety and general welfare of the inhabitants of the city. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Uses possessing these characteristics may be authorized within certain zoning districts by the issuance of a special use permit. By such a procedure, the city has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare. The following sections, together with previous references in other articles of this chapter, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.
(b) Permit procedures. An application for a special use permit for any use shall be submitted and processed under the following procedures:
(1) Submission of application. An application shall be submitted on a form through the zoning official for consideration by the planning commission. The application shall be accompanied by payment of a fee as established by resolution of the city council to cover costs of processing the application as well as site plan review fees that may be required. No part of any fee shall be refundable.
(2) Required information. One copy of an application for a special use permit shall be submitted to the zoning official and accompanied by 20 copies of a preliminary site plan in compliance with division 1 of article VII of this chapter. It shall be the responsibility of the applicant to furnish sufficient evidence to demonstrate compliance of the proposed use with the provisions of this chapter.
(3) Acceptance of application.
a. Upon receipt of an application for a special use permit, the zoning official shall review the application for completeness. If the application is found to be complete, the zoning official shall issue a dated receipt of acceptance to the applicant and schedule consideration of the application by the planning commission. If the application is found to be incomplete, the zoning official shall return the application to the applicant with a written description of what additional information is required.
b. The planning commission reserves the right to find that an application is incomplete. An application which is found to be incomplete shall be returned to the applicant with a written description of what additional information is required and the previously issued receipt of acceptance shall be considered void.
(4) Time frame.
a. Acceptance of application. The zoning official shall issue a receipt of acceptance or return the application as incomplete within ten business days after submission.
b. Meeting date. The planning commission shall hold a public hearing on the application within 45 days of the date of the receipt of acceptance by the zoning official.
(5) Notice for review. The zoning official shall notify the agencies and individuals identified in section 94-394(d), or other agencies or individuals, of receipt of the special use application as deemed appropriate by the zoning official or the planning commission.
(6) Written comments. Any person may present any petition or document supporting a position for or against an application. All documents shall be submitted to the zoning official no later than 4:00 p.m. the day of the public hearing at which the application will be considered. Documents so submitted will be provided to the planning commission at the public hearing.
(7) Project start. Until a special use permit has been issued for any use requiring the same in this chapter, and until a proper building permit has been granted pursuant to the special use permit, there shall be no construction or excavation on said land, nor shall there be made any use of land related to the request for the special use permit.
(c) Public hearing. After accepting an application for a special use permit as complete, the planning commission shall hold a public hearing on the special use request and the preliminary site plan. Notice of the public hearing shall be pursuant to section 94-101.
(d) Review and decision. The planning commission may approve, approve with conditions, or deny an application for special use permit. The review of a special use permit application and the associated site plan shall be made by the planning commission in accordance with the procedures and standards specified in this chapter.
(1) An application for special use permit and the associated preliminary site plan shall be approved if both are found to be in compliance with the requirements of this chapter, and other applicable local, county, state, or federal laws, rules or regulations. The planning commission may defer a decision in order to obtain that information deemed necessary to making an informed decision.
(2) The applicant may make changes to the application and site plan in order to achieve compliance with this chapter. Such changes shall be noted on the application or site plan or the planning commission may require that these documents be resubmitted incorporating said changes.
(3) Approval and issuance of a special use permit shall signify concurrent approval of the application and preliminary site plan, therefore any subsequent authorized modification to the site plan shall become part of the special use permit and shall be enforceable as such.
(4) The decision to approve or deny a request for a special use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specifies the basis for the decision, any changes to the originally submitted application and site plan necessary to insure compliance with the chapter, and any conditions imposed with approval.
(5) Once a special use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special use permit unless a change conforming to chapter requirements is approved by the planning commission.
(6) The concurring vote of a majority of the members appointed to and serving on the planning commission shall be necessary to approve a special use permit.
(7) The planning commission shall defer all proceedings on an application for a special use permit upon the request of the applicant when less than eight members of the planning commission are present for consideration of and voting on said special use. The right of deferment shall be considered waived by the applicant if deferment is not requested immediately upon the opening of the hearing conducted pursuant to section 94-191(c). When deferment is requested as required, the planning commission shall, at that time, determine the date of a future regular or special meeting for the continuation of the hearing and consideration of the matter. Notice previously given for the original hearing date shall constitute notice of the future hearing date with no further notice required.
(e) Required site plan review. A preliminary site plan must be submitted with the application for a special use permit. After approval and before issuance of a building permit or certificate of occupancy, a final site plan shall be submitted for review by the zoning official. The zoning official may request review by the planning commission of the final site plan. The site plan review shall be in conformance with division 1 of article VII of this chapter.
(f) Basis of determination. Before approving a special use permit, the planning commission shall find by clear and convincing proof that the applicable standards set forth by this chapter shall be satisfied by the completion and operation of the proposed development. The planning commission shall review the particular circumstances and facts of each proposed use in terms of these standards and shall make written findings showing that such use shall:
(1) Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of adjacent property or the zoning district in which it is proposed.
(2) Not be hazardous or disturbing to uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.
(3) Be served adequately by essential facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.
(4) Not create additional requirements at public cost for public facilities and services.
(5) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property, or the general welfare by noise, fumes, glare, or odors.
(6) Not be located such that it will directly or indirectly have a substantial adverse impact on the natural resources of this city.
(7) Be in compliance with other applicable local, county, state, or federal rules and regulations.
(g) Conditions. The planning commission may impose such reasonable conditions upon the approval of a special use permit as are deemed necessary to protect the general welfare, protect individual property rights, and insure that the intent and objectives of this chapter will be satisfied.
(1) The conditions may include those necessary to insure that public services and facilities affected by a proposed use will be capable of accommodating the increased service and facility loads caused by the use.
(2) The conditions may include those necessary to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses, and to promote the use of land in a socially and economically desirable manner.
(3) The conditions shall be designed to protect natural resources, the public health, safety, and welfare, as well as the social and economic well-being of those who will use the land or engage in the activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(4) The planning commission may require a performance guarantee in accordance with section 94-100 of this chapter.
(5) The special use permit may be limited for a specified period of time only where the subject use has some naturally limiting factor.
(6) The conditions may include that a specified percentage of the authorized construction and/or development be completed within a specified period of time. Failure to meet this requirement shall invalidate special use authorization for only that portion of the project not developed as required.
(h) Effective date of special use permit. The special use permit shall become effective when the application has been approved by the planning commission.
(1) A building permit shall not be issued until approval of such special use permit by the planning commission.
(2) Land subject to a special use permit may not be used or occupied for purposes of such special use until after a certificate of occupancy for same has been issued pursuant to this chapter.
(i) Transfer and expiration of special use permit. The city shall notify the applicant, in writing mailed to the address listed on the application, that a special use permit has become invalid.
(1) A special use permit shall be valid for as long as the permitted use continues in accordance with the terms stated therein unless otherwise stated in the special use permit. If the use permitted by the special use permit is not established in compliance with the terms of the special use permit within 12 months from the date of its issuance, then the special use permit shall automatically expire and be of no further effect or validity. This period of time may be extended by the planning commission for good cause for an additional six months.
(2) Approval of a special use permit shall be valid regardless of change of ownership provided that all terms and conditions of the permit are met by subsequent owner.
(3) If the use permitted under the special use permit ceases or is vacated for 12 months, the special use permit shall automatically expire and be of no further effect or validity.
(j) Re-application. No application for a special use permit which has been denied, wholly or in part, shall be resubmitted until the expiration of one year from the date of such denial except on the grounds of newly discovered evidence or proof of changed conditions, as determined by the planning commission.
(k) Compliance with requirements. It shall be the duty and obligation of the owner and operator of the property to at all times be in compliance with the use requirements of this chapter and the stipulations of the special use permit under which their particular use is governed. Failure thereof shall be a violation of this chapter and may subject the owner and/or operator to the penalties and remedies provided in article III of this chapter and the continuance thereof is hereby declared to be a nuisance per se.
(l) Special use deemed a conforming permitted use. Any use for which a special use permit has been granted shall be deemed a conforming permitted use provided that the proposed use is subsequently built, operated, and maintained in compliance with this chapter, including conditions approved as part of the special use permit.
(Ord. No. 152, 5-1-2006)