SEC. 16-532. CONDITIONS.

   The conditions imposed on a special use permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

   (A)   Special yards, open spaces and buffer areas;

   (B)   Fences and walls;

   (C)   Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;

   (D)   Street and alley dedications and improvements, including sidewalks, curbs and gutters;

   (E)   Water supply, fire protection, sewerage service and storm drainage facilities;

   (F)   Landscaping and maintenance of grounds;

   (G)   Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

   (H)   Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

   (I)   Regulation of signs and outdoor advertising;

   (J)   A specified period limiting the time in which development may begin;

   (K)   Provision for a bond or other surety that the proposed special use will be removed on or before a special date;

   (L)   Height limitations to protect the character and integrity of abutting parcels or the general welfare;

   (M)   Residential density, by specifying the number of dwelling units per acre; and

   (N)   Such other conditions as will make possible the development of the proposed special use in an orderly and efficient manner and in general accordance with the intent of this chapter.

(`64 Code, Sec. 34-148) (Ord. No. 917, 2367, 2445)

SEC. 16-533. FORM AND CONTENTS OF APPLICATION.

   The application for a special use permit shall be on forms prescribed by the city staff and shall furnish a description of the property for which the special use permit is sought and a map or site plan showing the exterior boundaries of the area to be included in the use permit. The director may require the applicant to show elevations, perspective drawings of the proposed improvements, or building plans if such information is pertinent to determining the application. Plans or other supporting data may be required by city staff.

(`64 Code, Sec. 34-149) (Ord. No. 917)

SEC. 16-534. MANNER OF INITIATING PROCEEDINGS TO OBTAIN PERMIT; REAPPLICATION.

   (A)   Application for a special use permit, variance, or planned development permit may be initiated by:

      (1)   A resolution of intention by the commission or city council;

      (2)   An owner of the affected property or the owner’s designated attorney in fact;

      (3)   A lessee who holds a lease, the terms of which permit the use applied for, or the lessee’s designated attorney in fact; and

      (4)   A plaintiff in an action in eminent domain to acquire the property as to which the special use permit, variance or planned development permit is sought.

   (B)   If an application for a special use permit, variance or planned development permit has been denied, a new application for the same entitlement relating to the same property shall not be accepted within 12 months of the denial. This provision may be waived by a majority of the city council on finding that, by reason of changed physical, legal or sociological circumstances, consideration of a new application for same entitlement would be in the public interest.

(`64 Code, Sec. 34-150) (Ord. No. 917, 1541, 2367, 2445)

SEC. 16-535. APPLICATION FEE.

   (A)   Fees for filing an application for a special use permit shall be set by resolution of the city council.

   (B)   Fees for submitting a project for preliminary review and evaluation by city staff before submitting a formal application shall be set by resolution of the city council.

   (C)   When an application for any project, including but not limited to a special use permit, a planned development permit, a variance, a map, a zone boundary change or a change of classification or zone uses, requires special evaluation by a consultant or legal counsel or an unusual amount of special study and evaluation by city staff beyond routine analysis, the applicant shall reimburse the city for the cost of such work. The director shall give the applicant a written estimate of such cost, and the applicant shall deposit the amount of such estimate with the director, before any such work is done. If, after work is begun, the director estimates that more costs will be incurred than originally estimated, the director shall give the applicant a revised written estimate and the applicant shall deposit the amount of the revised estimate with the director, deducting deposits previously made. If the final actual cost of the work exceeds the amount so deposited, the applicant shall deposit the remaining costs before the city takes action on the application. If the actual final cost of the work is less than the amount so deposited, the director shall refund the excess deposit after the city takes action on the application or the application is withdrawn.

(`64 Code, Sec. 34-151) (Ord. No. 917, 1060, 1367, 1671)

SEC. 16-536. HEARING ON APPLICATION; REQUIRED.

   All applications for special use permits shall be heard by the commission during a public hearing.

(`64 Code, Sec. 34-152) (Ord. No. 917, 2367, 2445)