A. Purpose:
1. The city council may, after a public hearing and recommendation by the planning commission and after conducting a public hearing as is required, authorize for specific parcels of land a special use through issuance of a permit for said use in the zoning district in which it is located.
2. The special uses listed in the different zoning districts are so classified because they more intensely dominate the area in which they may be permitted than do other uses permitted by right in the zoning district; however, the nature of such uses may make it desirable that they be permitted to locate therein. Care shall be taken that, when permitted, the special use is properly integrated with other land uses located in the area.
3. The designation of a special use as possible in principal uses permitted list in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each special use application shall be evaluated as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.
B. Conditions For Approval:
1. In considering and determining its recommendation, the planning commission shall require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.
2. The planning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off street parking and loading arrangements and location or construction of buildings and uses and operation be required.
3. The city council may, in the interest of the public welfare and to assure compliance with the intent of this title, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.
4. A site plan setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the special use.
5. A special use approved under the provisions of this title shall not be considered as an amendment to the zoning ordinance; however, the special use shall be noted on the zoning map as follows: "SU- " (the case number of the granted special use shall be inserted). Any of the conditions contained in an approved special use shall be considered as conditions precedent to the granting of a building permit for the special use allowed.
C. Time Limit: If for any reason the approved special use ceases operation for a period of one year, then the approval of said special use shall be considered void and will require another application, public hearing and review by the planning commission and city council. Any approved special use that does not begin operation within one year of approval shall be considered void, unless orderly and diligent progress toward completion of construction is taking place.
D. Use Conditions: Special uses permitted shall comply with the most restrictive yard and height requirements of the district in which located. No use shall commence, nor any construction be permitted, unless the special use has been approved by the planning commission and complies with a review by the community development department.
E. Administration Of Special Uses: An application for a special use shall be filed with the planning commission by the owner of the property concerned, or duly authorized representative thereof, on a standard form furnished by the community development department. Applications for a special use may be required to be accompanied by a scaled site plan of the proposed area. Notice of a public hearing to consider a special use shall be the same as that for rezoning. The applicant shall be responsible for obtaining the names of all the property owners, through a licensed abstract or title company, while the community development department staff shall be responsible for the mailing of all notices. (Ord. 1953, 2010)