(A) A request for a special use permit or modification of a special use permit may be initiated by a property owner or his or her authorized agent by filing an application with the City Council upon forms prescribed for the purpose. The application shall be accompanied by a drawing or site plan and other such plans and data showing the dimensions, arrangements, descriptions, data, and other materials constituting a record essential to an understanding of the proposed use and proposed modifications in relation to the provisions set forth herein. A plan as to the operation and maintenance of the proposed use shall also be submitted.
(B) The application shall be accompanied by the full amount of the fee, as established by the City Council in the schedule of fees.
(C) Before issuance of any special use permit, the City Council will consider the application for the special use permit together with the recommendations of the Planning Commission at a public hearing after prior notice of the time, place, and purpose of the hearing has been given by publication in a legal paper of general circulation in the city, one time at least ten days prior to such hearing. In addition to the publication of the notice herein prescribed, a notice, in sign form, of the hearing shall be posted in a conspicuous place on or near the property on which such action is pending. The sign shall be placed at least ten days prior to date of each hearing.
(D) The concurring vote of two-thirds of the members of the City Council shall be necessary to grant a special use permit. No order of the City Council granting a special use permit shall be valid for a period of longer than 12 months from the date of such order, unless the City Council specifically grants a longer period of time upon the recommendation of the Planning Commission.
(E) Except as otherwise provided herein, no special use permit shall be granted by the City Council, without an affirmative vote of a majority of all members of the City Council and unless the proposed use is found to:
(1) Be compatible with and similar to the use permitted in the district;
(2) Not be a matter, which should require rezoning of the property;
(3) Not be detrimental to adjacent property;
(4) Not tend to depreciate the value of the surrounding structures or property;
(5) Be compatible with the stated intended use of the district;
(6) Not change the character of the district; and
(7) Be in accordance with the Comprehensive Plan.
(F) In case of protest against such special use permit, signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the side and in the rear thereof extending 300 feet, therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of such opposite lots, such special use permit shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(Ord. 667, passed 12-3-2014)