(A) Purpose. The purpose of the regulations described by this section is to allow the compatible and orderly development within the city of uses which may be suitable only in certain locations in a designated district if developed in a specific way or only for a limited period of time.
(B) Requirement. A special use permit is required for all conditional uses. A special use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this chapter.
(C) Approval responsibility.
(1) The Planning and Zoning Commission shall have the initial responsibility for recommending all special use permits required for the conditional uses.
(2) The City Council shall have the final authority for approval or denial of all special use permits.
(3) The following procedures shall be complied with prior to the approval or denial of any special use permit.
(a) Application concerning special use permits for those uses which are conditional in any district shall be submitted to the Administrator in writing and be automatically referred to the Commission for a public hearing on same. The Administrator shall investigate conditions, arrange hearing notification, and obtain any expert advice needed to achieve agreement between the applicant and the city.
(b) After receiving an application for a special use permit, notification of that request by mail shall be made to all owners of real property located within 200 feet of the property on which application has been made. The names and addresses of the affected parties shall be supplied by the applicant.
(c) After a public hearing, the Commission may recommend an application for a special use permit not be approved, if the proposed use fails to meet one of the criteria set forth in division (E) below. In recommending a special use permit be approved, the Commission, on the basis of recommendations from the Administrator, may impose requirements and conditions with respect to locations, construction, maintenance, and operation, in addition to those expressly stipulated in the ordinance for the particular use, as it deems necessary for the protection of adjacent properties and the public interest.
(d) When application has been denied by the Commission, the applicant may appeal for a hearing before the City Council.
(D) Appeals from decisions of the Commission. Any person or persons, jointly or severally, aggrieved by a decision of the Commission, may present the City Council a petition, duly verified, setting forth that the decision is unjust, in whole or in part, specifying the grounds of injustice. The petition shall be presented to the body within ten days after the final decision of the Commission and not thereafter.
(E) Prerequisites for approval by City Council.
(1) No structure or property in any district shall be used for a use listed as a conditional use without first having obtained a special use permit for that use from the City Council.
(2) The City Council, after receipt of report and recommendation of the Commission, may permit a conditional use subject to appropriate conditions and safeguards, when, after public notice and a hearing, the City Council finds:
(a) The proposed use meets all the minimum standards established in this chapter for this type of use;
(b) The proposed use is in harmony with the purpose and intent of this chapter; and
(c) The proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.
(3) Each use permitted by the City Council shall be evidenced by a duly adopted ordinance granting the special use permit and containing those conditions as may be prescribed by the City Council.
(4) The City Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this chapter and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as drainage, trails, and fencing.
(5) Prior to any public hearing before the City Council for a special use permit, notification shall be made by mail to all property owners within 200 feet of the property on which the application was made.
(F) Application filing procedure. Application shall be made by the property owner or certified agent thereof to the Administrator on a form prescribed for this purpose by the city. The application shall be accompanied by drawings as provided herein. Granting a special use permit does not exempt the applicant from complying with requirements of Chapter 151 of this code or other code provisions.
(G) Development and time limits. Following the issuance of a special use permit, the Building Official shall ensure that if the development is undertaken, it is commenced in compliance with the permit within one year. If the development is not commenced within one year of issuance of the applicable special use permit, the special use permit shall expire without notice.
(Ord. 483, passed 6-6-2000; Am. Ord. 820, passed 8-2-2022) Penalty, see § 156.99