A. Requirement: The uses identified as special uses in tables 11-6-2.1, 11-7-2.1, 11-8-2.1 and 11-9-2.1 for each zoning district are so classified because such uses are considered to be more intensive than, or may otherwise not be compatible with, certain uses permitted by right in the zoning district, but the nature of the special uses may make it desirable that they be allowed to locate therein where such special uses or nearby uses permitted by right are not adversely affected by one another. All uses classified as a special use in a zoning district are subject to the provisions of this section, which are established to determine those situations and conditions under which the use may be integrated with other land uses located in the district near a specific site in question.
B. Application: Consideration of approval of a special use permit for any special use is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter. The filing fee for special use permit application shall be established by the board of commissioners, no part of which is refundable. The application shall also be accompanied by a site plan drawn to an appropriate scale and containing at a minimum the following items of information:
1. Dimensions of the site, including easements and rights of way, and location with respect to streets and adjacent properties;
2. Dimension of buildings and location with respect to property boundaries;
3. Location and type of signs, fences, landscaping, outdoor light fixtures, drainage structures, and other existing or proposed outdoor features including, where the landscaping required for the proposed use falls into the requirements of subsection 11-14-3D of this title, a conceptual plan as required by this section;
4. Location, arrangement, dimensions, and paving material of off street parking and loading spaces, access drives, and pedestrian walkways;
5. Number of residential dwelling units, if any, per structure; and
6. Any other physical features or characteristics which may be unique to the property or particular use proposed.
C. Review: Upon compliance with all application requirements, special use permit site plans and specific aspects of proposed uses shall be reviewed by the city staff and the planning commission for compliance with this title, other relevant provisions of the city code, and the master plan. The effect of the proposed special use upon the character of the neighborhood, traffic conditions, public utilities, drainage, and other matters related to the general welfare may also be considered. The finding and recommendations of staff and the planning commission shall then be reported to the board of commissioners. The planning commission may recommend approval, conditional approval, or disapproval, or may continue consideration until a later date and request that the applicant provide additional information as may be necessary. Upon required notice being given, the board of commissioners shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the special use permit application and site plan, receive comments from interested parties, and receive the recommendations of staff and the planning commission.
D. Approval: The board of commissioners shall approve, approve conditionally, or disapprove the special use permit. In the case of any action other than approval, the board of commissioners shall state the reasons for its action. Special use permits may be granted for such period of time, and with such requirements or conditions as the board of commissioners deems appropriate. Approval of a special use permit shall be documented by the signature of the presiding officer of the board of commissioners, together with certification by the city clerk, on a permit form attached to the original application. Said form shall also contain a written description of any special requirements imposed as a condition of approval of the special use. The approved site plan shall always be considered a conditional part of the special use permit.
E. Amendment: Any deviation from the approved special use permit during the term of the use shall be considered invalid and a violation of the provisions of this section unless said deviation shall have first been submitted and approved according to the notice and procedural requirements set forth in this section for new special use permit applications.
F. Validity: No special use permit approved by the board of commissioners shall be valid for a period longer than one year from the date granted unless within such one year period a building permit is obtained for the erection or alteration of a structure, or an occupancy permit is obtained and the use commenced, as approved for the special use permit. Once an approved special use is commenced it shall be valid until such use of land or buildings is discontinued for a period of one year or more, or until the expiration of any time limit placed on the use by the board of commissioners as a condition of approval. A special use permit which expires due to the provisions of this subsection shall be considered invalid and such special use shall be prohibited until the special use is reviewed and approved according to the notice and procedural requirements set forth in this section for new special use permit applications. An approved special use permit shall be considered a map amendment and shall be filed of record in the county courthouse. (Ord. 5916, 8-9-1999)