(A) Granting special use permit. Before a building or premises is devoted to any use classified under uses by special permit in this chapter, a special use permit must be granted by the City Council following a public hearing and recommendation by the Planning Commission.
(B) Exhibits required. The following exhibits shall be required unless waived by the Planning Commission:
(1) The boundary survey and plot plan as required for building permit application; and
(2) Petition of property owners within 250 feet of property in question showing 50% of such owners favoring the proposal.
(C) Procedures. The procedure for obtaining a special use permit is as follows.
(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer, and shall pay a filing fee of $10, plus costs of publication as required in division (C)(4) below.
(3) The Zoning Officer shall transmit the application to the Planning Commission and shall give notice of the public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
(4) The Zoning Officer shall have notice of the public hearing published in the official municipal newspaper.
(5) The Planning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce such adverse effects and within 45 days of filing shall recommend one of three actions: approval; denial; or conditional approval.
(6) The Planning Commission shall transmit its recommendations to the City Council for its official action.
(7) The City Council shall act on the application within 45 days after receiving the recommendations of the Planning Commission.
(D) Standards for granting special use permits.
(1) A special use permit may be granted by the City Council after demonstration by evidence that:
(a) The establishment and maintenance of operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(d) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(f) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(2) The Planning Commission may recommend, and the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this title.
(E) Revocation of special use permits.
(1) Where a special use permit has been issued pursuant to the provisions of this title, such permit shall be null and void without further action by the Planning Commission or the City Council, unless work thereon commences within one year of the date of granting such special use.
(2) A special use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.
(1974 Code, § 9-13-6) (Ord. 501, passed 10-24-1967; Ord. 680, passed 5-10-1983)