§ 158.098  PROCEDURES AND CRITERIA FOR CONSIDERING SPECIAL USE PERMITS.
   (A)   Notice and hearing. No special use shall be made, except by specific case or application  and after a public hearing before the Planning Commission. Such hearing shall be after  publication and notice of the time and place of the hearing, as provided for in this chapter in § 158.257 of this chapter applicable to zoning district amendments. The Commission shall hear the applicant and all interested persons who appear at the hearing.
   (B)   Findings of fact and decision.
      (1)   Subsequent to the hearing, the Commission shall render a decision on the application based on the criteria established in this subchapter. Each such decision shall be accompanied by findings of fact, including a separate conclusion, and shall refer to any exhibits containing plans and specifications for the proposed use, and shall remain a part of the permanent records of the Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the special use.
      (2)   In making its decision, the Commission shall:
         (a)   Grant the application, with or without conditions; including such conditions as are reasonably necessary to meet the standards of this chapter and other applicable law  and to otherwise protect the immediate neighborhood or the city from adverse effects of the use or building proposed;
         (b)   Deny the application; or
         (c)   Refer the application back to the applicant for modification or to the Director for additional review or study if deemed necessary by the Commission.
      (3)   Any completed application submitted in conformance with this subchapter shall be deemed denied by the Planning Commission, for purposes of appeal to the Council, if no final written action has been rendered within 120 days from the date the complete application is filed. In such case, the applicant shall file its written appeal with the City Council within ten days thereafter to seek Council review.
   (C)   Standards for considering applications.
      (1)   A special use may be permitted only upon the applicant presenting evidence and bearing the burden of proof that such use meets the standards and requirements established for such classification in this chapter, and the granting of the permit may be subject to such conditions necessary to meet such standards.
      (2)   No special use permit may be granted unless the Planning Commission finds:
         (a)   The special use is necessary for the public convenience at that location;
         (b)   The special use is not injurious to the use and enjoyment of neighboring properties, nor detrimental to the  public health, safety, morals or general welfare;
         (c)   Adequate utilities, access roads, drainage and other necessary supporting facilities have been provided for;
         (d)   Adequate measures have been provided to accommodate ingress and egress so as to avoid congestion, not unduly impede surrounding traffic flows or create hazardous or unsafe conditions;
         (e)   The special use is will not adversely impact property values in the neighborhood; and/or
         (f)   The special use will conforms to all other requirements of the district.
      (3)   In considering any special use application, the Commission and the City Council may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and City Council also may consider other factors that may be relevant to a particular application.
         (a)   Satisfaction of any and all conditions and requirements applicable to the requested special use, as set forth in supplementary use regulations;
         (b)   The existing uses and zoning of nearby property;
         (c)   The extent to which property values are diminished by the proposed use;
         (d)   The extent to which the destruction of property values, if any, of the property to be rezoned or nearby property promotes the health, safety, morals or general welfare of the public;
         (e)   The relative gain to the public as compared to the hardship imposed on the individual property owner;
         (f)   The suitability of the property for the zoned purpose;
         (g)   The length of time the property has remained vacant as zoned considered in the context of land development in the area in the vicinity of the subject property;
         (h)   The public need for the proposed use;
         (i)   The extent to which the proposed use will adversely affect the capacity or safety of that portion of the street network impacted by the use, or present parking problems in the vicinity of the property;
         (j)   The extent to which the proposed use will create excessive storm water runoff, air pollution, water pollution, noise pollution or other environmental harm;
         (k)   The extent to which public facilities and services, are available and adequate to meet the demand for facilities and services generated by the proposed use;
         (l)   The conformance of the proposed use to the Comprehensive Plan, the Major Street Plan, the Capital Improvements Plan and other adopted planning policies; and
         (m)   The recommendation of professional staff.
   (D)   Denial. If the application is denied, the applicant shall not again apply within 12 months for a special use permit for substantially the same proposal unless there has occurred a substantial change of circumstances and the Commission consents to resubmission of substantially the same proposal. Otherwise, substantially the same proposal shall be submitted no earlier than one year after the date of denial. If the application is referred back to the applicant for modification, the applicant may resubmit the application in accordance with the directions of the Commission, if any, otherwise in time for the next regular meeting of the Commission.
   (E)   Appeal to City Council.
      (1)   Immediately following final action by the Planning Commission on any special use permit, a report shall be filed with the City Council concerning such action. Within 21 days after the Planning Commission’s decision, the City Council, upon majority vote, may exercise the power of review of any Planning Commission decision on an application for a special use permit.
      (2)   Upon adoption of the motion to exercise the power of review, the City Council may refer the matter to committee. Following this adoption, and before acting on the special use permit, the City Council may set the matter for hearing before the committee or the City Council. The City Council will give written notice of any such hearing to the applicant and all other persons who appeared and spoke at the public hearing before the Planning Commission. In addition, the City Council may, in its discretion, notify and allow to be heard at the hearing any other person who the Council believes may be aggrieved by any decision or action concerning the special use permit.
      (3)   Following its review, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative majority vote of the City Council shall be required to overturn or modify a decision by the Planning Commission concerning a special use permit. The decision of the City Council shall be made within 45 days of the Planning Commission vote, unless extended for specified cause by a majority vote of the council, or the Planning Commission decision shall become final.
      (4)   Unless the City Council exercises its power of review of a special use permit, the decision of the Planning Commission shall become effective after 21 days following its decision.
(Ord. 3382, passed 11-7-2005)