(A) Generally.
(1) The formulation and enactment of this chapter is based upon the division of the city into districts in each of which are permitted compatible uses; however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the city.
(2) Such uses, on account of their peculiar location need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.
(B) Authority to grant permits. The Planning Commission, as hereinafter provided, shall have the authority to grant special use permits, subject to such conditions of design, operation, and safeguards as the Planning Commission may determine for all special land uses specified in the various district provisions of this chapter.
(C) Application and fee. The application for any special land use permit permissible under the provisions of this chapter shall be made to the Planning Commission through the Zoning Administrator by filing an official special land use permit application form, submitting a site plan in accordance with § 152.106, and depositing the required fee as established by resolution of the City Council, except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.
(D) Application and site plan requirements. An application for a special land use permit shall include the applicant’s name and address in full, a statement that the applicant is the owner of the property, and a site plan as specified in and in conformance with § 152.106.
(E) Public hearing. The Planning Commission shall hold a public hearing upon any application for a special land use permit. The special land uses and activities that are eligible for approval are those that are specified as such in the various district provisions of this chapter. Upon receipt of an application for a special land use which requires discretionary decision:
(1) The city shall publish notice of the request in a newspaper of general circulation within the city;
(2) Notice of the request shall also be sent by mail or personal delivery to:
(a) The owners of property for which approval is being considered;
(b) All persons to whom real property is assessed within 300 feet of the property for which approval is being considered, regardless of whether the assessed property is located within the zoning jurisdiction; and
(c) To the occupants of all structures within 300 feet of the property for which approval is being considered, regardless of whether the occupant is located within the zoning jurisdiction; provided that, if the name of the occupant is not known, the term “occupant” may be used in making notification under this section.
(3) The notice shall be given not less than 15 days before the date the application will be considered for approval. The notice shall do all of the following:
(a) Describe the nature of the request;
(b) Indicate the property that is the subject of the request by including a listing of all existing street addresses within the property; provided, that street addresses do not have to be created and listed if no such addresses exist within the property on the date the request is submitted, in which case other means of identification may be used;
(c) State when and where the request will be considered; and
(d) Indicate when and where written comments will be received concerning the request.
(F) Required standards and findings for making determinations. The Planning Commission shall review the site plan submitted in accordance with § 152.106 for proposed conditional uses in terms of the following standards and required findings, and shall find and record adequate data, information, and evidence showing that such a use on the proposed site, lot, or parcel meets or does not meet these standards.
(1) Development standards applying to all proposed conditional uses include:
(a) The proposed special land use shall be harmonious with and in accordance with the general objectives, intent, and purposes of this chapter;
(b) The proposed special land use shall be designed, constructed, operated, maintained, and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general area;
(c) The proposed special land use shall be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal; or the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
(d) The proposed special land use shall not be hazardous or disturbing to existing or future neighboring uses; and
(e) The proposed special land use shall not create excessive additional requirements at public costs for public facilities and service.
(2) Development standards applying to specific proposed special land use: a special land use permit shall not be issued for the uses specified in this division unless complying with the site development requirements as herein specified. The Planning Commission may impose additional conditions and safeguards when deemed necessary by that body in accordance with this division (F).
(G) Determination and imposition of conditions. If the facts in the case do not establish beyond a reasonable doubt that the findings and standards set forth in this chapter will apply to the proposed use, the Planning Commissions shall not issue a special land use permit. In approving a special land use permit the Planning Commission shall impose such conditions of use as it deems necessary to protect the best interest of the city and achieve the objectives of this chapter.
(H) Approval, approval with conditions or denial of special land use permit. Upon holding a public hearing and the finding that the requirements of divisions (C) through (E) above have been satisfactorily met by the applicant, the Planning Commission shall within 30 days approve, approve with conditions, or deny the special land use application. If approved, the special land use permit shall be issued to the applicant. The Zoning Administrator shall not issue a zoning compliance permit until a copy of the special land use permit, signed by the Planning Commission Secretary, has been received.
(I) Voiding of special land use permit.
(1) A special land use permit shall become null and void upon any of the following occurrences:
(a) Construction or use of the property has not commenced in accordance with the requirements, conditions, and safeguards of the permit within 365 days of the date on which it was granted;
(b) Progress toward completion of the development for which the special land use permit was granted is not continuous and ongoing. For purposes of this division (I), CONTINUOUS AND ONGOING shall mean the performance of regular work during a Monday through Saturday workweek without interruption that exceeds 14 continuous calendar days or a total of ten workdays within any 30-day period; or
(c) There is a violation of a requirement, condition, or safeguard of the special land use permit.
(2) No special land use permit may be terminated or cancelled except upon a determination by the Planning Commission’s written findings of fact following a duly noticed public hearing that one or more of the grounds for termination set forth in division (I)(1) above exists. Notice of the public hearing at which consideration will be given to the termination of a special land use permit shall be given as follows.
(a) The city shall publish notice of the hearing in a newspaper of general circulation within the city.
(b) Notice of the hearing shall also be sent by mail or personal delivery to:
1. The owners of property for which a special land use permit has been granted;
2. All persons to whom real property is assessed within 300 feet of the property for which a special land use permit has been granted, regardless of whether the assessed property is located within the zoning jurisdiction; and
3. To the occupants of all structures within 300 feet of the property for which a special land use permit has been granted, regardless of whether the occupant is located within the zoning jurisdiction; provided, that if the name of the occupant is not known, the term “occupant” may be used in making notification under this section.
(3) The notice shall be given not less than 15 days before the date of the hearing. The notice shall do all of the following:
(a) Describe the reason(s) for the proposed termination;
(b) Indicate the property that is the subject of the hearing by including a listing of all existing street addresses within the property; provided, that street addresses do not have to be created and listed if no such addresses exist within the property on the date the request is submitted, in which case other means of identification may be used;
(c) State when and where the hearing will be held and the matter considered; and
(d) Indicate when and where written comments will be received concerning the issues involved.
(Ord., § 601, passed 6-11-2002; Ord. passed 4-12-2011)