(A) Filing: Applications for special use permits must be filed with the zoning administrator.
(B) Public Hearing: The plan commission must hold a public hearing on the special use permit application. Written notice and published notice must be provided according to the requirements of subsections 14-11-1(F)1 and (F)2 of this chapter.
(C) Plan Commission Recommendation: The plan commission must recommend approval, approval with modifications or disapproval of the application. The plan commission is also authorized to forward the application to city council with no recommendation.
(D) City Council Action: After due consideration of the plan commission's recommendation, the city council must take action on the proposed special use. If the city council approves the special use or approves the special use with modifications, the city council must issue written authorization to the zoning administrator to issue a building permit. This authorization must remain on permanent file with the application. The city council may attach special conditions to the approval to ensure conformance with the intent of the comprehensive plan.
(E) Review And Approval Criteria: In making their recommendations and decisions, the plan commission and city council must consider whether the following are true of the proposed use:
1. Complies with the applicable standards of this title;
2. Is compatible with the character of the surrounding area in terms of site planning, scale and design;
3. Is compatible with the character of the surrounding area in terms of operating characteristics such as hours of operation, outdoor lighting, noise and traffic generation; and
4. Is in the interest of public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or area.
(F) Conditions Of Approval: When the anticipated impacts of a special use are determined to have the potential for adverse impacts on surrounding property, the special use must be denied or conditions must be placed on the approval to ensure that any adverse impacts will be mitigated. The plan commission may impose such conditions upon the site planning, design, location and operation of a special use.
(G) Lapse Of Approval:
1. Approval granted by the City Council of a special use application is valid for twelve (12) months from the date of approval unless a building permit is obtained or the use is commenced. If a building permit is not obtained or the use is not commenced within that time, the approval will lapse and become null and void.
2. The city council may, at its discretion and upon adequate showing of good cause, extend the period of validity of special use approval for a period not to exceed twelve (12) months. The plan commission must receive a written request from the applicant prior to the expiration of the special use approval stating the reasons for the proposed extension.
3. If a special use is discontinued for a period of six (6) months or longer, the special use will be considered abandoned and become null and void. Any reinstatement of the special use will require special use approval according to the procedures of this section.
(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)