(A) Purpose. The regulations contained in this chapter are based upon the division of the city into zoning districts, within any one of which the use of land and buildings, and the bulk and location of buildings and structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without a case-by-case consideration of the impact of those uses upon neighboring lands, the public need for the particular use at the particular location, and the ability of the city or other public agencies to supply the special uses with various community services, such as adequate treatment of waste water, adequate supply of potable water, fire protection, police protection, maintenance of street rights-of-ways, and proper traffic safety. Such special uses fall into the following two categories:
(1) Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.
(2) Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.
(B) Authority. The City Council, after receiving the report of the Planning and Zoning Commission and without further public hearing, may grant or deny any proposed special use, or may refer the matter back to the Planning and Zoning Commission for further consideration; provided that any proposed special use which fails to receive the approval of the Planning and Zoning Commission shall not be approved by the City Council except by a favorable majority vote of two-thirds of all aldermen then holding office.
(C) Conditions. No special use or change to a special use shall be recommended by the Planning and Zoning Commission nor approved by the City Council unless the special use:
(1) Is deemed necessary for the public convenience at the location.
(2) Will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(3) Will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
(4) Will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(5) Will provide adequate utilities, access roads, drainage and other important and necessary community facilities.
(6) Will conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council.
(D) Restrictions. Prior to granting any special use, the Planning and Zoning Commission may recommend, and the City Council may require that certain conditions and restrictions be met for the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest in order to insure compliance with the standards and requirements specified herein. In all cases in which a special use is granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the special use is and will comply with all conditions established in connection therewith.
(E) Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for a special use that has been denied wholly or in part by the City Council for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that there is substantial new evidence or proof of changed conditions, it shall refer the petition to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.
(F) Termination.
(1) A special use permit granted by the City Council shall be subject to termination in the manner provided hereinbelow under any of the following circumstances:
(a) Failure to commence construction of the proposed use within 18 months after the date of the granting of said special use. Construction shall not be deemed to have commenced unless and until:
1. All necessary permits have been obtained;
2. All sites have been properly graded;
3. All foundations and footings are in place; and
4. All utilities have been provided for.
(b) Failure to carry the construction work forward expeditiously with adequate forces for a period of 18 months out of a 24-month period.
(c) Following the issuance of occupancy permits, abandonment or other failure to utilize the property for the purposes permitted by the special use for a period of two months out of any consecutive six-month period.
(d) Upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council for any time limit specified hereinabove.
(2) In determining whether the special use shall be terminated, the Director of Community and Economic Development
shall consider the effect of changed conditions, if any, upon the property. Where the property in question was granted a change in zoning classification contemporaneously with its special use, or achieved such a use as part of an annexation agreement, the Director of Community and Economic Development shall consider whether the property would have been granted the zoning classification underlying its special use if it were not for the conditions which were imposed by the special use or by an annexation agreement, as the case may be. It is the intent of this provision to prevent the rezoning of land to a less restrictive category based upon the promise of development of a well-planned special use subject to various conditions, followed by the abandonment of such use, and the attempted development of the property without proper planning controls under a zoning classification which would not have been granted, but for the requirements imposed under the special use.
(3) During the time that the Director of Community and Economic Development is considering the disposition of a special use which has prima facie been abandoned in accordance with the time limit set forth in this division (F), no permits shall be issued, and no buildings for which permits have been previously issued shall be constructed until the final decision regarding the future zoning of the property has been made.
(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)